UK Visas: Extensions and switching to another visa category

On  29th July 2020, the Home Office announced that if your visa expires between 24 January 2020 and 31 August 2020, you are allowed to stay in the UK until 31 August 2020. This extended grace period was unexpected yet welcomed by visitors to the UK, many of whom are experiencing difficulties returning to their home country due to travel restrictions. This article will highlight the steps you can take if you wish to leave the UK but are unable to do so before your visa expires on 31 August 2020 and the steps you can take if you are in the UK as a visitor and now wish to stay in the UK long-term. We will also highlight the option of switching to a short-term student visa.

I am a visitor to the UK, my leave has been extended to 31 August 2020, but I cannot leave the UK by 31 August 2020. What can I do?

If your visa or leave to remain has been extended to 31 August 2020, and you intend to leave the UK but are not able to do so by 31 August 2020, you can request additional time to stay in the UK, also known as ‘exceptional assurance’, by contacting the  Home Office’s coronavirus immigration team. The Home Office has said that the ‘exceptional assurance’ is not a grant of leave to remain, rather it is a form of short-term protection against any adverse action or consequences after your leave expires.

In order to obtain an ‘exceptional assurance’ from the Home Office, you must complete the Home Office’s online form available on the Home Office’s Coronavirus advice webpage. After you have completed the online form, the Home Office will contact you and request proof of why you are unable to leave the UK by 31 August 2020. For example, if you cannot leave the UK because there are no available flights before 31 August 2020, you will need to submit a copy of a confirmed flight ticket. If you are unable to leave the UK because you have coronavirus, you will need to submit confirmation of your positive coronavirus test result.

The Home Office have not provided guidelines on how long the ‘exceptional assurance’ will last, however, it will be short term and determined on a case by case basis.

I have a visa which expires on 31 August 2020 and I wish to continue living in the UK, what are my options?

You should submit a paid application for leave to remain in the UK. An advantage is that you can apply from within the UK for long term leave to remain. Normally, applicants would need to apply from their home country if they wish to switch to a different category of leave to remain in the UK.  The type of leave to remain you should apply for depends on your circumstances, the UK offers leave to remain based on family and private life, student leave under the Tier 4 category, work visas under the Tier 2 category to name a few. If you have an elderly parent and you wish for them to live with you permanently in the UK, you should consider applying for leave to remain as an adult dependent.

I am in the UK on a visitor’s visa, can I extend my visa for a further 6 months?

In December 2016, the Home Office introduced a new application form called FLR(IR) which can be used by visitors who wish to extend their visa. It is important to note that not all visitors can use this category to extend their visa. The FLR(IR) route is limited to visitors who are in the UK on a sabbatical and wish to stay for a further 6 months to do academic research in the UK, persons on a visit visa who were granted less than 6 months stay and persons visiting the UK for private medical treatment and need more time in the UK. The fee is £993.

Another route to extend a visitor visa for a short time is to send representations to the Home Office and request that the Home Office exercise their discretion and grant an additional period of leave to remain in the UK. You would need to show that there are exceptional and compelling reasons why you need additional time in the UK and cannot currently return to your home country e.g. perhaps you have poor health and are not fit to fly at present.

We would recommend consulting an Immigration Solicitor and obtaining advice on what category of leave to remain is best suited to your circumstances.

Switching to a short term student visa

An attractive opportunity for visitors to the UK is to switch in-country to a student visa under the Tier 4 General Student Category. Due to the coronavirus pandemic, the Home Office are allowing people to apply for a student visa from within the UK. Normally, applicants would need to travel to their home country and make an out-of country application for a student visa.

The short term UK student visa is particularly attractive as the Home Offices fees are £97 for a 6 month visa and £186 for an 11 month visa which is significantly cheaper than a General UK Student Visa which costs £348. A short term student visa is for a short course of study. It is ideal for persons who wish to study an English language course, a short training course or do a short period of research as part of a degree course.

The length of your short term student visa depends on your chosen course of study. Your visa may be for 11 months if you are studying an English Language course.

Persons with a short-term study visa cannot work in the UK (unless the placement is an eligible medical, veterinary or dentistry elective). Also, persons on a short term student visa cannot study at a state funded school/college.

You can apply for a short-term study UK visa up to 3 months before your date of travel to the UK. The Home Office aims to make a decision on such applications within 3 weeks. Alternatively you can apply for a Tier 4 Student visa for a long term study programme.

Short term study for persons who do not need a visa to visit the UK

It is important to note that if you do not normally need a visa to visit the UK, you can study for up to 6 months in the UK without making a paid application to the Home Office. You must see a border officer when they arrive in the UK and explain your intention to study in the UK for up to 6 months. If you want to study for longer than 6 months, you must submit a paid application for the appropriate student visa in advance of your travel.

You should contact our solicitors at Aschfords Law for more advice on how to make your application.

Who can I contact for legal advice?

If you need a U.K. immigration lawyer and need assistance with any aspect of U.K. immigration law whether from inside the U.K. or from overseas, contact Aschfords Law in Harrow, London. We have experience in offering specialist advice in respect of all U.K. immigration matters and have insight to make the process as smooth as possible. We also provide legal advice and assistance in respect to Wills & Probate, Litigation, Landlord and Tenant.

Please contact us today on: +44 (0) 7582932830 or visit our website on www.aschfordslaw.com