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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7602
Experience:  UK Lawyer holding practising certficate for England & Wales.
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My official residence visa expires on 10 august 2014 and my

Customer Question

My official residence visa expires on 10 august 2014 and my visit visa expires in October 2015 . Please clarify that I continue staying in uk or I have to leave to avail visit visa.
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi,
Thanks for your question.
Can you tell me what you mean by an "official residence visa"? There is no such visa under the UK immigration rules.
Kind regards,
Tom
Customer: replied 2 years ago.
Official visa means diplomatic visa
Expert:  Thomas replied 2 years ago.
Hi,
Thanks for your question.
Your situation is a bit confusing because if you are a diplomat and were regarded as such by the home office then you are exempt from immigration control whilst you are a diplomat. This means that you do not require or get issued with a visa in the normal way .
So, my view is that you should not have been issued with the visit visa. On this basis I would say that the correct interpretation of your position is that you should leave before your diplomatic exemption period expires, which would be 10 August.
However, if it is the case that you have been issued a visit visa until October 2015 then I would assume this was issued to you on a multi-entry basis, since most visit visas are issued for only 6 months unless they are multi entry. A multi entry visa is granted for a 1, 2 5 or 10 years period and allows the holder to enter/leave the UK as many times as they wish within the visa period provided that they do not stay in teh UK for more than 6 months in any 12 month period.
So, if your diplomat exemption ends in 10 August then you might be able to argue that you could stay for a further 6 months on the basis that you could attempt to argue that your use of the visit visa only started once your exemption finished. It's very important that you do not lost your passport to prove in the future that you were the holder of both the exemption and the visit visa
Kind regards,
Tom
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Customer: replied 2 years ago.
I wanted to inform you that I have already 5 years multiple visa before my diplomatic visa and I got diplomatic visa in 2012 for two years and that is being expired in August 2014 while visit visa expires in October 20 15. You means to say I would not be considered as overstayed if I continue living for further six months on visit visa without exit from uk according to uk immigration law . In fact my son has to apply tier4 from my home country but his college result is out on 14august that he has receive only .i m afraid if he is marked overstayed .
Please response to my interpretation to your answer.
Thanks
Expert:  Thomas replied 2 years ago.
Hi

I will answer at 9am

Tom
Customer: replied 2 years ago.
My elder son has got admission in university and has to get tier4 . Please answer ASAP.
Expert:  Thomas replied 2 years ago.
Hi,

I am saying that you might be able to argue that you should not be regarded as an overstayer, I cannot say whether or not this would accepted by the home office because the situation is very unusual.

If your son is applying for Tier 4 then I would play it safe and ensure that he returns to his home country before sooner expiry.

Sorry, for the delay in replying.

Tom

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