What is the Date of Application and why it is so important?

By 1st 4Immigration - #1 UK Immigration Experts -
Imagine this: you are making an application today but tomorrow the Rules are changing, which rules would apply? Or you have made an application a month ago, your visa expires in 2 weeks time and your application is not going to be decided before then, are you going to become an overstayer through no fault of your own?

A Date of Application idea deals with such issues. If the date of your application is before the Rules changed then your application is going to be considered under the Rules in place before the changes. For example, Spouse/Partner visas rules were significantly changed on 9 July 2012, yet those who applied before that, even on 8 July 2012, had their applications considered under the old rules, even if the decision was made a few months after the rules changed.
If the date of your application is before your last visa expired then your status remains the same as it was on the date of application for as long as it takes for a new application to be considered. However long it takes, even if the last visa expired by then. Officially it is extended by virtue of section 3C of the Immigration Act 1971, which automatically extends the ‘last visa’ for as long as it is going to take for a decision on the new application. This means migrants do not become overstayers through no fault of their own?

When is the Date of Application? This is determined by the Immigration Rules and depends whether you are applying inside or outside the UK, whether applying by post or on same-day service and how you are paying a UKBA fee.
For more advice or to make an application please contact us: info@1st4immigration.com or visit www.1st4immigration.com 

If you are an Immigration Adviser or a Solicitor please visit our immigration Training and CDP website: www.1st4immigration.com/training   

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