🇬🇧 What is your status while waiting for a UK visa?
If you have a UK visa and it’s about to expire, you would, normally, submit a new application. Of the same type (extension) or a different type (switching), or for settlement. You can do it up to the last day of visa current visa and it will be 100% legal.
So, you applied and waiting for a decision, what is your status? What if your old visa expired during that time? Especially if you indeed apply on the last day. Would you become an overstayer? Do you have to time your application to give the Government enough time to make a decision before your old visa expires? Should you use the more expensive Priority services?
The answer is: if you applied while your old visa was still valid (even on the last day), your immigration status automatically extends by law and remains the same for as long as the Government takes to consider your new application. Doesn’t matter whether it would take a day, a few months or a year. Most visa types take 8 weeks while Settlement takes up to 6 months. In our practice, however, the cases are currently considered a lot faster. You can find this Information here on Gov website.
For example, if you had a Spouse visa and applied for Settlement before it expired, your status remains ’Spouse’ for as long as it takes to make a decision on your Settlement application. If you had a Student visa and applied for a Spouse visa, your status remains ’Student’ until your Spouse visa has been approved. Whether to pay more for the Priority services is entirely up to you! It only makes a difference if you need your new visa sooner, such as if you wish to change an employer or start your qualifying period for settlement.
What happens if you applied after your previous visa had already expired? This is different and depends on the reason for a delay, the period of delay and whether it was made following a refusal of a previous application. For detailed advice book a consultation with our lawyers here.
1st 4Immigration is one of the most experienced UK immigration law companies, OISC - accredited at the highest Level 3. We have been in business for over 10 years, our OISC reference is 200800152, in which 2008 stands for the year accreditation. Office: Tower 42, 25 Old Broad Street, London, EC2N 1HN.
