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Forum Home  →  Discussion  →  Other areas of social welfare law  →  Thread

Application to extend period of leave to remain

Ruth Knox
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Vauxhall Law Centre

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Total Posts: 559

Joined: 27 January 2014

I have a client whose period of leave ran out 30 September 2017.  She had a biometric card with this date on it. She has applied to extend her leave, and has received a letter from UKVI acknowledging that and asking her to go to the post office and do something with her fingerprints (only spoke on phone so not clear exactly what but I assume to confirm identity). So it looks as if they have accepted her application and are dealing with it.  I don’t know if she made her application before 30 September but suspect it might be after.  I see that CPAG (page 23 in the 8th edition) is quite explicit that if an application is made before the date it is due to expire, there is an automatic extension.  Does anyone think that, in circumstances like this, where her application has actually been accepted, there will be any problem in reclaiming her HB which has been ended?  Thanks for any suggestions Ruth

HB Anorak
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Benefits consultant/trainer - hbanorak.co.uk, East London

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Total Posts: 2908

Joined: 12 March 2013

HB will definitely want evidence that the application to vary the leave was submitted before the old one ran out.  It’s absolutely crucial - any delay and the person becomes an overstayer excluded from benefits until; such time as they are granted leave in the future.  Proof could take the form of:

- secure postage receipt
- email acknowledging receipt of online application
- the word of a reputable person assisting with the application: solicitor, immigration adviser who is prepared to make a written declaration that the application was submitted in time
- if necessary because none of the above is available, letter to home office asking them when the ap0plicatin was received