28 day ‘grace period’ abolished

In 2012 a 28 day grace period was introduced into the immigration rules, whereby applicants were allowed to submit applications from within the UK up to 28 days after their visa had expired:

‘The applicant must not be in the UK in breach of immigration laws except that any period of overstaying for a period of 28 days or less will be disregarded.’

While it is always advisable to submit an application in-time before a visa expires, the 28 day ‘grace period’ was a welcome addition to the immigration rules and allowed flexibility when needed in submitting applications. This has now been abolished and has instead been replaced with the more formal 14 days and the Home Office’s own interpretation of ‘good reason’.

‘The application was made within 14 days of the applicant’s leave expiring and the Secretary of State considers that there was a good reason beyond the control of the applicant or their representative, provided in or with the application, why the application could not be made in-time;’

It is therefore of great importance to submit immigration applications ‘in-time’ before a person’s current leave expires, as at present the Home Office have not released their guidance on what they constitute as ‘good reason’ for submitting an application within 14 days of the applicants leave expiring.

We will continue to keep you updated.

Posted on Nov 14, 2016.

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