Immigration Corner | Applying to stay longer than visa permits

Dear Mr Bassie,

When I visit the United Kingdom, I am wondering whether I will be able to apply to stay longer than my visa permits. Any light that you can throw on this subject would be appreciated.

– AC

Dear AC,

Persons may be able to extend their stay if they have permission to be in the United Kingdom for less than six months. In fact, persons can extend their stay up to a total of six months.

Persons can only apply to stay in the United Kingdom for longer than six months if they are:

• A patient receiving medical treatment;

• An academic and still meet the eligibility requirements;

• A graduate retaking the Professional and Linguistic Assessment Board test or doing a clinical attachment.

Those persons must apply to extend their stay and pay the £993 fee, regardless of their nationality. They will also need to apply while they are still in the United Kingdom and before the current visa or permission expires.

FEES

It costs £993 to extend the stay as a standard visitor and an extra £800 if they use the super priority service. Please note that persons must also pay £19.20 to have their biometric information, fingerprints and a photo taken.

PERMISSION TO BE IN THE UK FOR LESS THAN SIX MONTHS

Persons may be able to extend their stay as long as the total time they spend in the United Kingdom is no more than six months. The applicants must meet the eligibility requirements and pay the £993 fee.

For example, if a person has been in the United Kingdom for three months, they can apply to extend their stay for three more months. This applies if they needed a visa to visit the United Kingdom and also if they did not need one.

PROVING YOUR IDENTITY AND PROVIDING YOUR DOCUMENTS

When persons apply, they will be asked to make an appointment at a UK Visa and Citizenship Application Services (UKVCAS) service point to provide their biometric information. That is, their fingerprints and a photograph.

They will also need to submit the supporting documents that prove their eligibility. They can upload their documents into the online service or have them scanned at their UKVCAS appointment.

Please note that applicants must not travel outside of the United Kingdom, Ireland, the Channel Islands or the Isle of Man until they get a decision. If they do, their application will be withdrawn.

APPLY TO EXTEND STAY AS A STANDARD VISITOR

Once persons have started the application, they can save the form and complete it later. To continue the application, they can sign back into their application if they have saved it. Persons will receive a link, and should check their email and follow the link to return to the application.

Persons can receive help with completing the online form if they do not feel confident using a computer or mobile device, or if they do not have Internet access. They can only use this service if they are applying to extend their stay in the United Kingdom. Persons should be aware that they cannot get immigration advice through this service.

LENGTH OF TIME TO GET A DECISION

If persons use the standard service, a decision will usually be made within eight weeks of providing supporting documents and proving their identity.

For persons who use the super priority service, a decision will be made by the end of the next working day after your UKVCAS appointment, if the appointment is on a weekday. The decision will be made within two working days after the UKVCAS appointment, if the appointment is on the weekend. Please note that working days are Monday to Friday, not including public holidays.

Once in receipt of a successful decision letter, the biometric residence permit will take up to 10 working days to arrive.

Persons will be contacted if their application is complex and will take longer, for example:

• If their supporting documents need to be verified;

• If they need to attend an interview;

• Because of their personal circumstances (for example, if they have a criminal conviction).

Having applied, persons can stay in the United Kingdom until they have been given a decision, as long as they applied before their permission to be in the UK ended.

I hope this helps.

John S. Bassie is a barrister/attorney-at-law who practises law in Jamaica. He is a justice of the peace, a Supreme Court-appointed mediator, a Fellow of the Chartered Institute of Arbitrators, a chartered arbitrator, deputy global president of the Chartered Institute of Arbitrators, and a member of the Immigration Law Practitioners Association (UK). Email: lawbassie@yahoo.com