Foot appears unshot! (was: Just how much have I shot myself in the foot?)

Hello all,

So, I applied recently for FLR(M), 9 days after my BRP expired.

I was ill, but not hospitalised, but in a fairly bad way. I was also outside the UK (worst holiday ever), and therefore didn't have a GP I could hop over to. Had I thought about it, I would have paid for an appointment with someone local just to get things on the record, but we are where we are.

Am I just SOL, or with a letter are the HO/UKVI likely to accept that (and boarding passes) as a "good reason" for the 14 day grace period?

*sigh*

I'm far from an expert, but the first question is probably where you were when you previous visa expired - in or out of the UK?

In; have applied under super priority hoping a quick reply might allow for an appeal before I need to leave…

Any advice anyone has would be helpful—only have a few days to write any covering letter and submit…

Any advice anyone has would be helpful—only have a few days to write any covering letter and submit…

I think this is the sort of thing you need professional advice on. Try a consultation with Medivisas in London, they are the group most frequently recommended on this site.

I'm sorry you're in this position, good luck and please let us know how it goes.

I think this is the sort of thing you need professional advice on. Try a consultation with Medivisas in London, they are the group most frequently recommended on this site.

Ditto.

This reads like you have lost the protection of 3c of the Immigration rules?

"Page 6 of 26 Published for Home Office staff on 15 October 2021

Section 3C leave extended when an
in-time application is made
An in-time application is an application made by a person in the UK who at the time
of application has leave to enter or remain.
Where an in-time application to extend or vary leave is made and the application is
not decided before the person’s existing leave expires, section 3C extends the
person’s existing leave until the application is decided (or withdrawn).
Section 3C does not extend leave where the application is made after the applicant’s
current leave has expired."
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1066178/3C_and_3D_leave_v11b.pdf


Page 5
The purpose of section 3C leave is to prevent a person who makes an in-time
application to extend their leave from becoming an overstayer while they are
awaiting a decision on that application and while any appeal or administrative review
they are entitled to is pending

Yes, I think so; if they do accept this was a good reason, I should hear by Friday or Monday and thus be able to stay. Otherwise I'll hop on a Eurostar while my wife and I plan my next move. Probably involving returning to the states and applying from there?

Yes, I think so; if they do accept this was a good reason, I should hear by Friday or Monday and thus be able to stay. Otherwise I'll hop on a Eurostar while my wife and I plan my next move. Probably involving returning to the states and applying from there?

You can only apply from a country in which you are legally resident (as opposed to visiting) so yes, unless you have the right to reside in Europe (or anywhere else) you'd have to go back to the US to apply.

As you are an overstayer, I assume you know that you are not allowed to work?
Page 7
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/823299/applications-from-overstayers-v8.0.pdf

NHS England must bill for any services that are not free, with 50% added to the bill.

Page 6 and page 7 on the above link, have the staff guiidance on what is accepted for the 14 days.


This is on the Citizens Advice site-
https://www.citizensadvice.org.uk/immigration/problems-with-a-visa/overstayed-visa/

You should be taking legal advice on your situation.

I included a cover letter, letter from my partner, and two screenshots of our text messages about the progress of the illness; seems to have been enough to secure paragraph 39E relief. Of course, the takeaway is to not let this happen, submit earlier!

I included a cover letter, letter from my partner, and two screenshots of our text messages about the progress of the illness; seems to have been enough to secure paragraph 39E relief. Of course, the takeaway is to not let this happen, submit earlier!

That is great news.  .  Now go off and study for your life in the UK test so you have no more last minute panics! 

  I don't know how I'll pass it—they ask questions about sports stars from the 1970s… 2.5 years left to cram

That is great news.  .  Now go off and study for your life in the UK test so you have no more last minute panics! 

And perhaps next time take out health insurance before you travel, to be able to get medical help when you are ill abroad?