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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 8107
Experience:  English solicitor with over 12 years experience
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I’m an international student in the UK I applied to extend

Customer Question

I’m an international student in the UK I applied to extend my visa but unfortunately I only sent my application a day after my current visa expired due to awaiting my CAS statement I’m not really sure what the best thing for me to do right now is
JA: What steps have you taken? Have you filed any paperwork with the UK government? What country do you live in? What is your citizenship?
Customer: I have tried applying for exceptional assurance but that got rejected as they saw that I have an application pending and that that would cover me legally (which I don’t believe it does) I also submitted extra documents and a cover letter explaining why I applied late
JA: Have you talked to a lawyer about the visa?
Customer: Yes I have spoken to some lawyers foe advice they’ve all told me to stay and await the outcome but I don’t want to be an overstayer for more than 30 days
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: My visa expired on the 11th of August and I applied on the 12th of August
Submitted: 20 days ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 20 days ago.

Hello,

I am a solicitor.

You should not worry. There is a grace period of up to 14 days, please see this guidance from the Home Office:

"First, overstaying will be disregarded if 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 it could not be made in time, provided that the application is made within 14 days of the expiry of leave."

As you have a good reason why you applied a day later, you should be fine and you should not worry. You should simply await the outcome of your application.

May I help further?

Customer: replied 20 days ago.
What would happen if my visa is refused? I understand that as an overstayer of more than 30 days, I could face an entry ban
Customer: replied 20 days ago.
I also worry that I did not put my explanation in my initial application, I only explained in a letter I sent a few days later.
Expert:  UKSolicitorJA replied 20 days ago.

Once you have put in your application, you are entitled to wait until it is decided. You would not be an overstayer as you have a pending application within 14 days of the grace period.

The explanation is fine, even though you gave it after applying.

You should not worry.

All the best

Customer: replied 19 days ago.
What’s the usual processing times for study visa extension within the UK?
Expert:  UKSolicitorJA replied 19 days ago.

It could be up to 12 weeks.

Good luck