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Applcation for leave to remain DELAYS !!!

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  • Applcation for leave to remain DELAYS !!!

    Does anyone know anything about current waiting times for leave to remain visas ? My friend made an application in June and hasn't heard anything for months. His wife and son are in England on an expired tourist visa but their son has dual Nationality and a British passport. They are very anxious and every time they try to contact the visa department they are redirected to a closed web page. Visa applications are not trackable at the moment so they have no idea what is going on.

  • #2
    I didn't know you could apply for leave to remain visas whilst on a tourist visa?

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    • #3
      Originally posted by Elad View Post
      I didn't know you could apply for leave to remain visas whilst on a tourist visa?
      I may have the wrong visa name for the visa. It's her first resident visa. Unfortunately her husband let some company in Thailand deal with the the application but the application is definately in and she has been to Cardiff for biometrics. She fits the criteria.

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      • #4
        Hi passpoto

        Assuming that the friend's wife originally entered the UK on the 5 year family member settlement route and not on a tourist visa, she has presumably made an application for Further Leave to Remain (FLR(M)).

        If this is the case and if she made the FLR(M) application before her original leave to remain expired then there is no need for her husband or her to worry.

        If someone makes an application to extend their leave to remain before their current leave to remain expires then they are automatically covered by Section 3C leave under the Immigration Act 1971. This means your friend's wife's existing rights to live and work in the UK are extended until such time as the Home Office makes a decision on her application. On the basis that she made an "in time" application to extend her leave, she is not an overstayer even though her current leave to remain has since expired.

        See page 5 of the official Home Office guidance here:

        https://assets.publishing.service.go...d_3D_leave.pdf


        "I can calculate the movement of the stars, but not the madness of men" Sir Isaac Newton

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        • #5
          Unfortunately it looks like his wife was here on a tourist visa. They applied for a visa before this expired but she has stayed here on the expired tourist visa. (I didn't know this before) It does seem strange that she was invited to Cardiff for biometrics. They must know she is in the Country. They do have a dependant 5 year old child so I guess there is some hope of being granted leave to remain.

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          • #6
            Something doesn't seem right here because initial settlement visa applications must be made in Thailand, so your friends wife should have returned to Thailand before her tourist visa expired and then apply for settlement in Bangkok. It sounds to me like your friend has actually applied for FLR (further leave to remain) which is the second part of the settlement process. How much did they pay for the application? settlement visas aren't cheap they can be thousands of pounds. Do you have information on exactly which visa they applied for?

            Overstaying on a tourist visa will affect any future applications, but if your friend has genuinely made a mistake and paid out thousands for the wrong visa then the UKBA might go easy on them. I would suggest contacting your local MP who should be able to contact them directly.

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            • #7
              Originally posted by Elad View Post
              Overstaying on a tourist visa will affect any future applications....
              Will certainly affect any future visitor visa applications but would probably not affect a Settlement application too much as a different set of rules would apply.
              When will I see you again
              When Thai Air give me my money back

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              • #8
                As Tom & Nok stated, if she made an in-time valid application, then she hasn’t overstayed. The environmentally unfriendly Immigration Status requirements prevents visitors from switching under the 5 year spouse route. However, there was previously a Covid concession allowing visitors to switch, when they would otherwise have had to return home to apply for entry clearance. If this concession wasn’t active, then they may refuse or grant her leave under the 10 year route.

                See also waiting times.
                We do not inherit the Earth from our ancestors; we borrow it from our children.

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