What if my extension isn't approved before my visa expires?

[jols]

Hi All,

I have just applied for my tier 1 extension (sent Mon 25th by registered post next day delivery). My current HSMP visa expires on the 1st March 2010. What happens if I don't get my extension approved before my current HSMP visa expires? Can I still work until I hear back?

Any advice would be greatly appreciated!

[geriatrix]

As long as you submit your FLR application "in-time", i.e.- before expiry of current leave, you existing leave continues until a decision on your application is reached.

It is often not possible to decide an application for an extension of leave until after the period of leave has expired. To prevent applicants from becoming overstayers through no fault of their own, section 118 of the Nationality, Immigration and Asylum Act 2002 introduced an amended section 3C into the Immigration Act 1971. Section 3C automatically extends the leave of a person who has made an application for further leave to remain during a period of extant leave. Technically, the leave is "treated as continuing".

To benefit, a person must have existing leave to enter or remain at the time when their valid application is made. Section 3C then prevents such an applicant becoming an overstayer during the period in which their application for a variation of leave remains undecided and, thereafter, while an appeal against any refusal could be brought or is pending.

regards

[jols]

Thanks for the advice. I didn't submit the FLR form with my application - can I still send this in seperately?

[geriatrix]

Extension is nothing but FLR (application for extension = application for further leave to remain (FLR))! That is ... sweet dreams, nothing to worry about!

regards