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Howard, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 459
Experience:  Senior Partner with nearly 20 years experience in UK Immigration Law.
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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: 4 years ago.
Category: Immigration Law
Expert:  Howard replied 4 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:

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.