Maraming tao ang nag-aakala na dahil sa nag-apply sila ng visa or nagpasa ng application form sa Home Office or UKBA eh ibig sabihin na extend ang visa nila. This is a wrong connotation and my aim in this article is to explain further what is the implication of making an application.
Why do people make an application to the Home Office (UK)?
- To regularise stay
- To extend a visa to stay
- Advised by legal representative or lawyer or even friends and families
When someone makes an application, the things that we need to ask are these questions:
- Was the application submitted before the visa expires?
This is because if the application is submitted before it expired, then it is likely that the Home Office will grant an applicant the right to challenge, if the decision on application is refused. This is also known as the Rights of Appeal, where the applicant will be invited for a hearing to an independent Court or Tribunal.
If an application was submitted at the time where the immigration status of the applicant has been precarious or he or she has overstayed, then an application may likely be rejected and no rights of appeal (NRA) will be given.
This is important to know.
Another question I normally receive is that: “If I have a pending application to the Home Office, will I be arrested, detained or deported?”
No. You will not be arrested, detained or deported as long as there is a pending case to be decided by the Secretary of State for Home Department. This is the reason why I always encourage people to make an application especially if there are family life and private life that they think can help them to regularise their stay in the UK.
The material contained in this article is intended to provide a general guide to the subject matter. Readers should not act on the basis of the information without taking professional advice.
About the Author:
Don Magsino MBA is a graduate of Ateneo De Manila University Graduate School of Business. He is a qualified and a practicing Immigration Advocate in the UK. His mobile phone is 07446888377 / Direct Line: 0207 316 3027 Email is firstname.lastname@example.org. His London office is located at Regus, 239 Kensington High Street, London W8 6SN. He is accredited by the Law Society in England and Wales and regulated by the Office of the Immigration Services Commissioner (OISC) Level 3: highest level in immigration professionals. He has represented clients in the First-tier Tribunal, Immigration Detention Courts and Deportation and Bail Hearings and to the Upper Tribunal and won many difficult cases in immigration law in the United Kingdom.