At Bushra Ali Solicitors we always request that our clients look to return to us six months before their leave to remain expires so that we have sufficient time to open the file and to conduct all the necessary preparation in good time so as to ensure that an extension of leave to remain can be applied for before leave to remain expires. However, the reality is that there are many individuals for one reason or another that will not apply to extend their leave to remain until the ‘last minute’ and consequently, they will be in danger of becoming overstayers. The question is, does this really matter and to what extent can anything be done about it?
Yes, it does really matter. Nowadays as most applications are submitted online we can buy you some more time to get the process completed.
With Home Office application forms having moved online, it allows the individuals in danger of running out of time to submit an application before their leave to remain expires, to buy a little ‘breathing space’.
What this means is that if we are in a position to represent you and you are running out of time before your leave expires, we could look at completing and submitting the online Home Office application form first so as to ensure that a valid application has been submitted and paid for and then to stall booking the biometric enrolment appointment so as to allow sufficient time to gather all the necessary evidence before biometrics are enrolled. The process does allow the biometric enrolment appointment needed to be booked for a later date.
It should be noted that this is not an ideal position as we at Bushra Ali Solicitors always want to see all of the supporting evidential documents before an application is submitted but it is important to point out this option for those individuals that are left with no other option due to lack of time other than to ensure that their leave to remain does not expire and hence submit a valid online application form and pay for it.
So why is my application date so important?
It is really important to know what date you made a valid application for leave to remain for a number of reasons.
Are you applying for an extension of leave to remain?
For those applying for an extension of leave to remain it is very important to ensure that you have made a valid application before your leave to remain expired. If you failed to submit a valid application before your leave to remain expired, you may be left in a situation whereby you no longer have a right to work in the UK and it could impact your UK benefits situation also if you are permitted to and are claiming UK benefits. Individuals in this situation must therefore do everything that they possibly can to ensure that a valid application is submitted before their leave to remain expires so as to avoid becoming overstayers and to avoid losing their right to work, the right to rent their home and to claim UK benefits etc. There are also various other implications.
Are the documents that I am submitting in support of my application up to date?
For some types of applications where there are ‘mandatory’ documents that must be submitted, the date of application is also important in order to assess whether the documents submitted in support of the application are up to date and acceptable for Home Office purposes. For example, if you are applying for an extension of leave to remain as a partner, in order to meet the financial requirement, bank statements and payslips must be up to date and must end no earlier than 28 days before the date of application. If the most recent bank statement you are submitting is older than 28 days from the date of the application you have submitted, it will not be up to date.
So what is the advantage of submitting an application form online?
It is very hard now to submit an out of date application form making it invalid because with Home Office application forms having been digitalised, so long as you select the correct application form category, it will always be up to date.
Most individuals will have noticed that the UK Government is now completely digitalising the system moving to e-visas and digital checks are increasing.
So how do I calculate the date that I applied for my leave to remain?
This is now much simpler to calculate because the majority of applications will have been submitted online and so the date of application is the date that you submitted your application form online and made online payment for it.
If you are left in such a situation whereby there are only weeks or days before your leave to remain expires and you have not already submitted an application, please contact us urgently to see if we are able to help you. As stated at the outset of this article, it is not ideal for you to have left yourself in such a situation as we like clients to come to us when they still have at least six months of valid leave to remain but it is most important to ensure that you do not become an overstayer and so we will always assess your circumstances and the facts in your case to see if we are willing to submit the Home Office application form online first to ensure a valid leave to remain application has been submitted and then to look at working with you to gather all the necessary evidence before your biometric enrolment appointment is booked.
If you are finding yourself in such a situation, please do contact us to see if we are able to help you.
