How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Howard Your Own Question

Howard
Howard, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 459
Experience:  Senior Partner with nearly 20 years experience in UK Immigration Law.
74406710
Type Your Immigration Law Question Here...
Howard is online now

Hi, there. My husband is a visiting fellow to a university

Customer Question

Hi, there.
My husband is a visiting fellow to a university in the U.K for a year, and me and my son are dependants.
Our visas is expired on April 8th, 2014. My son is year 11 and wants to take GCSE exams in May and June, 2014. My husband is leaving in Feb, 2014 but me and my son want to stay until the end of June for the exams. Can we switch our visitor visa to travel visa? If we overstay within 90 days, what penalty do we have in the future? Or what about applying for a language course to get visas? Is it true it is not considered as overstaying when visa extension is being processed? Some told me to apply for visas 3 weeks before the expired date because we can stay legally a couple of months, anyway.
Please find me the best way to get a visa extension.
p.s. I am visiting Spain in early January next year. Is it possible to ask an immigration officer for travel visas when we enter UK? I'll try to say we want to stay until June for packing and travelling.
Many thanks.
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Howard replied 2 years ago.
What nationality are you and your son?

You are not usually allowed to switch from this visa or extend this visa. Any application is likely to be refused quickly, but if it does take a few months then you will be without your passports during that period.

It would not be wise to try and get a visa for a language course when that will not be the true intent. If this is discovered then it could prevent entry for 10 years.

It is not considered overstaying if you apply for a visa while your current visa is valid. You could try applying for discretionary leave to remain and this might buy you sufficient time but you would have to check with the educational establishment as they might not be happy for your son to attend regardless. They have to ensure that they do not lose their Sponsor Licence and so this is a decision that they must make.

An alternative could be a child visitor visa for the short educational requirement that you have:

http://www.ukba.homeoffice.gov.uk/visas-immigration/visiting/child/requirements/

You cannot apply on entry if you need a visa and you are a visa national (a nationality requiring a visa). You would have to apply in the usual way through a High Commission and they would usually require that you have residence for at least 6 months in the country in which you apply.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Thomas

    Thomas

    Lawyer

    Satisfied Customers:

    866
    UK Lawyer holding practising certficate for England & Wales.
< Last | Next >
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Lawyer

    Satisfied Customers:

    866
    UK Lawyer holding practising certficate for England & Wales.
  • http://ww2.justanswer.com/uploads/UK/UKSolicitorJA/2011-9-26_165252_lawyer.64x64.jpg UKSolicitorJA's Avatar

    UKSolicitorJA

    Solicitor

    Satisfied Customers:

    549
    English solicitor with over 12 years experience
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    1
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    105
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Immigration Lawyer

    Satisfied Customers:

    33
    US immigration attorney licensed in state and federal court.
  • http://ww2.justanswer.com/uploads/LI/li/2014-12-19_134845_lexughes.64x64.jpg Alice H's Avatar

    Alice H

    Solicitor Advocate

    Satisfied Customers:

    92
    Partner in national law firm