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Discussion Starter · #1 ·
My 2 year spousal visa is set to expire 25 January 2014. I really would like to stay through Monday or Tuesday for a few big events happening that weekend that I would love to attend. I'm guessing this really won't be possible but I thought I would ask anyway if anyone knows of a way to extend my stay by a few days?

From everything I'm reading on the web it seems unlikey that if I leave the UK and fly to another countries for a few days and try to come back in as a visitor that I'll be let in.

This is giving me such a headache as I really want to stay just for that weekend!:frusty:
 

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You should be able to apply for ILR, yes?

Having ILR would give you the right to live and work in the UK for as long as you wish... after a year with ILR, you can apply to be a naturalised British Citizen, and after you get citizenship, you are eligible to apply for a UK passport... this would give you free access to the rest of the European Union.

If so, and if you applied for your original spouse visa on or July 8, 2012, then you are so-called "Old Rules" and don't have to meet the £18.6k minimum income requirement... just show that you have £113/week in the bank after rent and council tax are paid.

If you put in for a same day Premium Appointment to switch from your Spouse Visa, you can get a decision that same day... the earliest that you can apply is 28 calendar days before the expiry date of your current visa... that would put you somewhere just after Boxing Day.

Appointments are booked 6 weeks in advance, which means you can book now!

Good luck to you!
 

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Discussion Starter · #3 ·
Yes, I am eligible for ILR, however my husband and I are planning on moving to the US in 2014, me in January and him in February. We are both eager to to begin our lives in the US where we plan on settling permanently so unfortunately we can't hang around the US for another year to do my citizenship therefore an IRL seems pointless as it is no longer valid after I've been out of the UK for 2 years.

My husbands US visa probably won't be approved until the end of Feb so I was hoping to come back for a few weeks after my visa expires to attend some events and tie up loose ends.
 

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If you stuck around the UK until the end of the month, I don't see that being a problem, given the UKBA doesn't consider you an overstayer until the 29th day after the date your visa expired (i.e. February 23 would be the day from which you'd be considered to be an overstayer)

If you decided to head 'Stateside before the 25th and come back to the UK after that date, I'd say that the easiest (and not necessarily honest or 100% legal) way in would be to transit through the Republic of Ireland and then catch a connecting flight up to Scotland. There's no UK border patrol at the airport (the flight from RoI is considered to be "domestic") and even if you drove up to Scotland, there's no land border check, so the UKBA wouldn't routinely know that you're back.

Big choices to be made. Again, good luck to you and your new life back home in the U.S.
 

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Discussion Starter · #5 ·
Oh that is awesome news about the 29th day! I really would just like a few extra days, I'm packing my job in on 31 Dec but we are going to travel for a few weeks and then we have a few things on the weekend of the 25.

Is there anywhere on the UKBA website that confirms the 29th day thing?

Thank you very much for your advice!
 

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Page 5 of this document specifies a 28 day grace period before the visa holder/visa applicant is considered to have overstayed.

By the Home Office's rationale, as long as you are out of the UK before the last flight/train leaves on February 22, 2014 then you're good to go.
 

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If you decided to head 'Stateside before the 25th and come back to the UK after that date, I'd say that the easiest (and not necessarily honest or 100% legal) way in would be to transit through the Republic of Ireland and then catch a connecting flight up to Scotland. There's no UK border patrol at the airport (the flight from RoI is considered to be "domestic") and even if you drove up to Scotland, there's no land border check, so the UKBA wouldn't routinely know that you're back.
Irish and UK immigration authorities share data so when they scan your passport in Ireland, they will know at least the outline of your UK immigration history. As they are aware that Ireland is often used as a back-door entry into UK (and vice versa), you may get questioned, detained or even sent back home.
 

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Discussion Starter · #8 ·
Thanks for that advice Joppa. That would be a lot of hassle anyway for the extra few days I'm wanting to stay.

I'm not looking to do anything illegal I would just like to stick around the UK, unemployed for a few days/a week after Jan 25 when my visa expires.
 
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