The rules allow for the extension of a general visitors visa and lay down the rules governing such extensions. To be granted an extension of the visa the applicant must prove that he does not wish to stay indefinitely in the UK, study or work , he can maintain himself and meet the costs of his outward journey without recourse to public funds (the basic requirements laid down for a person seeking entry into the UK). In addition the applicant must not have spent in total 6 months in the country already or would spend more than 6 months in the country should the extension be granted? In short the maximum amount of time for a stay in the UK for general visitors is 6 months. In the absence of extenuating circumstances this is all the applicant needs to prove.
The application itself
Like every application to the UK Border Agency it attracts a fee of 475 per application if it is made by post and 730 for use of the premium service. The Application is to be made by use of an FLR (O) form. It should be made in the UK and the applicant at time of making the application should have leave to remain in the UK in short the applicant should have a valid existing visa.
The applicant is required to attach to the application form any documentation to prove he should be granted the extension of stay. In the case of the general visitor, he has to show he has enough funds to maintain himself or submit proof of sponsorship by a third party, that he has strong links to his home country or other country to warranty his departure after the extension has expired from the UK. The application itself should be made when there is still at least four weeks validity on the visa.
Like every application there is no fixed time for processing the application. I was recently informed by an UKBA assistant that it could take up to 14 weeks just over three months for the application to be processed. The general advice is that the applicant should not make any non-urgent travel arrangements till a decision has been reached. This might pose a problem if one only sought an extension of a week or a month as they may then be stuck in the country for longer than they wanted. The plus of it though is that one is still very much a legal visitor to the UK. The alternative to the long wait is applying in person by use of the Premium service.
Withdrawal of the application.
The applicant can withdraw the application but he will however forfeit the application fee paid. There is no complex procedure for the withdrawal of the application. A request for the return of the passport amounts to a request to withdraw the application. It is said that the passport will usually be returned within 10 working days of the request being made but it may take longer. Until the passport is returned the applicant will still be legally resident in the country. On receipt of the passport the applicant is required to board the first available flight out of the country.
Future Applications
An application to extend the permit will not jeopardise future applications but to avoid any problems it is advisable to keep records of the applications and any documents received from the UKBA in respect of the application to extend the visa. These can then be attached to future applications to avoid any future problems.
Advantages of applying for an extension
The advantages of making the application to extend the visa are few but are certainly in my view worth making the application.
During the period one makes the application until the day the decision is made the conditions of the previous visa will continue to operate. Long story short of it is that the applicant will not be classed as an overstayer but rather a legal overstayer. Future visa applications will not be jeopardised as they have never really infringed the requirements of their visa.
If the application is declined the applicant will be required to leave the country voluntarily on the next available flight. As said above it can take 14 weeks for the application to be decided on or even longer hence on a practical level if one had a valid reason to extend the stay by the time the decision is reached the applicant would have really no need to remain in the country and will have no objections to leaving the country voluntarily on the next available flight. He will have however gained lawful time to fulfil the reason for the intended extension.
Making the application works in the applicants favour as it reflects positively on the applicants immigration history that is he attempted to legalise his overstayer status and as said before it will and cannot be used against him as he will be legally resident in the country pending the outcome of the application.
Problems with this procedure
The rules require that the maximum that a person can stay in the country is 6 months and this will include the extension period therefore if you have already spent 6 months in the country but meet all the other requirements your application will be denied.
One should remember though that the rules are general and not case specific one may have extenuating circumstances giving rise to an extension past the 6 month mark for example medical reasons or war in the home country in those circumstances the applicant really cannot be expected to return to his country to seek an entry clearance to return. However in such cases it is up to the relevant applicant to prove that his particular case should be dealt with on different criteria. The extenuating circumstances however should not breach any of the relevant immigration rules such as the no recourse to public funds requirement
Considering that it costs over 400 pounds to make the application it is rather pricey esp. if you require a few weeks extension and further still one is tied to the country even past their intended stay date even if the stay is legal it will be a major inconvenience.
The visa will be granted if the extension would not result in the applicant staying in the UK for more than 6 months in total in the country, one question I was asked was then if a person was given entry clearance valid for 6 months but makes several trips to the UK but stays in the country for less than 6 months in total can he make an application to extend his stay to 6 months in total. Unfortunately the rules do not address this issue.
Another issue that poses a problem is the interepreation of the next available flight does it mean literally the next available flight or is a certain amount of leeway allowed, denials in other visa categories usually carry with them a requirement that the applicant leave the country within a stated time after knowledge of the decision. Given the ambiguity surrounding the departure it is advisable to jump on the next available flight so as not to taint ones immigration history unless advised otherwise by UKBA.
The rules require that any documentation to support the application be original. This might pose a problem as people rarely carry around their original title deeds and it might not be easy to obtain their bank statements from their home country while they are here. The rules allow the production of certified copies of the documents to be produced and an explanation as why the original cannot be produced. While this might be a solution to the problem it works on the assumption that one actually has access to the original documents.
Although it poses problems in my view it is the best alternative to overstaying. For further info pse contact: Gloria Nyamayi, gnyamayi@whitestonesolicitors.co.uk
Post published in: Opinions