# HELP! Problem getting appointment with PEO before Visa Expires!



## jerri (Oct 9, 2012)

I need urgent advise as to my visa expiring before my scheduled SET(M) appointment. I am an American and originally applied as spouse to UK British national husband (he is now retired). Due to problems getting an appointment, I find that my current ILR will expire on November 5th, but my premium appointment is now scheduled at Croyden on November 23rd, 18days later. I have been trying to get an appointment for several weeks, but was unable to find one before Nov.5th. It was my understanding that I should apply at least a month before my visa expires, so I have been trying for the last two weeks to get the Premium appointment at any Public Enquiry Office and had never been able to get one. Then I found out through EXPAT Forum on the internet 4 days ago that appointments are 6 weeks out and only one day comes available at midnight every night for only one day six weeks out. After 2.5 hours of internet attempts and failures, I found an appointment for the 20th in Glasgow (way to far to go), and luckily managed last night to change it to the 23rd Nov to London- Croyden. So my questions are as follows:

1) Since my application and documents have not yet been mailed as I am to bring them to my appointment, have I technically applied in time by making the appointment or paying the fee? I have not yet sent in the fee but will do so immediately when i figure this all out. 

2) Should or Can I mail the application in so that I meet the expiry deadline, and advise that I still wish to attend my PEO appointment to provide all documents?

3) Is there any way to get a 3 week extension on my current visa?

4) I believe that if I don't get a PEO instant decision, then I would have to apply by mail and have been told that it may take up to six months for a decision, and that I am not allowed to travel. I am allowed to travel on my current visa multiple entry, so would not this continue? My husband and I have plans to visit my daughter in the US for Christmas holiday so this is an issue. 

5) Since my original application was over 2 years ago, I am on the old rules... My husband is British national and we have now been married over 5 years. Do I now need to take the Life in the UK test for English language proficiency even though I am a native English speaker from the USA? If so, do I have to take the test before November 5th or at least 3 days before my appointment date? I ask this because I am currently away so need to figure out immediately if I need to change my airline tickets as I am re-entering the UK on 04NOV currently, I may need to come home sooner to take the exam.

6) Can a UK Border Control agent at the airport extend my current visa for 3-4 weeks? Especially if I show him/her my appointment letter?

7) I do not yet have the Biometric Card as it did not exist when I first applied. Is this the only way to get an extension via a FLR(M) by post or appointment (none available) and if so, can I still keep my premium appointment for SET M settlement on the 23rdNOV, or would this make me now in the new rules after 09JULY... i.e. would I have to wait to apply for SET M? I realize this means I would be paying twice. 

8) I have seen that an immigration officer has the capability of extending a visa up to 3 months do to emergency or family strife... Is this possible in my situation? If a family member is hospitalized for a surgery, is this sufficient for an extension? Is there a form form this request?

9) I have also seen that if I overstay more than 28days, I could be deported or denied further residency application. Does this mean that my application can still be considered and approved if within the 28days of my expiration, i.e. is this a grace period? I also just found that it says application must be complete 28 days within visa expiry... does that mean 28 days after? Hope this is my saving grace! 

I really just don't know what to do and need your help urgently. Will you please answer these questions and offer your advise. 
Thank you in advance for your help and guidence.

Cheers!


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## Joppa (Sep 7, 2009)

jerri said:


> I need urgent advise as to my visa expiring before my scheduled SET(M) appointment. I am an American and originally applied as spouse to UK British national husband (he is now retired). Due to problems getting an appointment, I find that my current ILR will expire on November 5th, but my premium appointment is now scheduled at Croyden on November 23rd, 18days later. I have been trying to get an appointment for several weeks, but was unable to find one before Nov.5th. It was my understanding that I should apply at least a month before my visa expires, so I have been trying for the last two weeks to get the Premium appointment at any Public Enquiry Office and had never been able to get one. Then I found out through EXPAT Forum on the internet 4 days ago that appointments are 6 weeks out and only one day comes available at midnight every night for only one day six weeks out. After 2.5 hours of internet attempts and failures, I found an appointment for the 20th in Glasgow (way to far to go), and luckily managed last night to change it to the 23rd Nov to London- Croyden. So my questions are as follows:
> 
> 1) Since my application and documents have not yet been mailed as I am to bring them to my appointment, have I technically applied in time by making the appointment or paying the fee? I have not yet sent in the fee but will do so immediately when i figure this all out.


No. You formally apply when you attend your appoitment, and since by then your visa will have expired, you can't. 



> 2) Should or Can I mail the application in so that I meet the expiry deadline, and advise that I still wish to attend my PEO appointment to provide all documents?


No. See above.



> 3) Is there any way to get a 3 week extension on my current visa?


Yes, but will take 6 months+ by postal service, so you gain nothing.



> 4) I believe that if I don't get a PEO instant decision, then I would have to apply by mail and have been told that it may take up to six months for a decision, and that I am not allowed to travel. I am allowed to travel on my current visa multiple entry, so would not this continue? My husband and I have plans to visit my daughter in the US for Christmas holiday so this is an issue.


You don't have your passport while your application is waiting to be considered or being considered. Requesting your passport back, save for a genuine emergency, will cancel your application and you lose your fees. 



> 5) Since my original application was over 2 years ago, I am on the old rules... My husband is British national and we have now been married over 5 years. Do I now need to take the Life in the UK test for English language proficiency even though I am a native English speaker from the USA? If so, do I have to take the test before November 5th or at least 3 days before my appointment date? I ask this because I am currently away so need to figure out immediately if I need to change my airline tickets as I am re-entering the UK on 04NOV currently, I may need to come home sooner to take the exam.


You still need to pass the Life in the UK test. You should take it as soon as possible before your current visa expires. 



> 6) Can a UK Border Control agent at the airport extend my current visa for 3-4 weeks? Especially if I show him/her my appointment letter?


No. They aren't authorised to do that. All they can do is to let you enter as a visitor, but then you can't apply for your settlement.



> 7) I do not yet have the Biometric Card as it did not exist when I first applied. Is this the only way to get an extension via a FLR(M) by post or appointment (none available) and if so, can I still keep my premium appointment for SET M settlement on the 23rdNOV, or would this make me now in the new rules after 09JULY... i.e. would I have to wait to apply for SET M? I realize this means I would be paying twice.


You don't need a biometric residence permit to apply for settlement as none has been issued to you. You can't keep your 23rd Nov appointment as you will have overstayed your visa.



> 8) I have seen that an immigration officer has the capability of extending a visa up to 3 months do to emergency or family strife... Is this possible in my situation? If a family member is hospitalized for a surgery, is this sufficient for an extension? Is there a form form this request?


I don't know what you are referring to, but once your visa expires on 5th November, you have to make a fresh application to enter UK as spouse from outside UK. If you have already applied by post for settlement, and a family emergency arises which necessitates urgent travel, you can request your passport back, and at their discretion your application may be allowed to stay in the system while you are out of UK and you can re-send your passport to UKBA on your return. You may still have to wait 6-9 months for determination.



> 9) I have also seen that if I overstay more than 28days, I could be deported or denied further residency application. Does this mean that my application can still be considered and approved if within the 28days of my expiration, i.e. is this a grace period? I also just found that it says application must be complete 28 days within visa expiry... does that mean 28 days after? Hope this is my saving grace!


No. If you apply for settlement even *one *day after expiry, your application will be refused and you will be told to leave the country promptly (and if you don't, steps may be taken to arrest and remove you as overstayer). What the 28 days refers to is if you overstay fewer than 28 days after visa expiry, that won't prevent you from applying again in the future for a UK visa. If you overstay more than 28 days, you will probably be refused another UK visa for several years.

You have two options. Apply by post before 5th November and just resign to the fact that you will be in for a long wait, and won't be able to leave UK in the meantime. Or apply through a registered immigration advisor, who has access to more appointment slots and may be able to secure one before 5th Nov. You will have to apply through them and buy their package of services, which may cost around £1,000, in addition to any fees you pay to UKBA.


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## jerri (Oct 9, 2012)

> You have two options. Apply by post before 5th November and just resign to the fact that you will be in for a long wait, and won't be able to leave UK in the meantime. Or apply through a registered immigration advisor, who has access to more appointment slots and may be able to secure one before 5th Nov. You will have to apply through them and buy their package of services, which may cost around £1,000, in addition to any fees you pay to UKBA.


I am so disappointed in this news as it really leaves me in a great dillema... Can you advise me of a Registered Immigration advisor that may have access to slots prior to November 5th? I feel sick now, and sad!


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## Joppa (Sep 7, 2009)

jerri said:


> I am so disappointed in this news as it really leaves me in a great dillema... Can you advise me of a Registered Immigration advisor that may have access to slots prior to November 5th? I feel sick now, and sad!


I can't suggest anyone personally, but look at the website of registered advisors at People Seeking Immigration Advice: The Office of the Immigration Services Commissioner. Always get at least three quotes.


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## 2farapart (Aug 18, 2011)

Hi Jerri - I'm so sorry about your situation and I hope you can secure an appointment before your expiry date. I wish you the best of luck with that.

I just wanted to add: *book your Life In The UK test urgently!* My partner recently took hers and the test date was at least 4 weeks ahead of the date she booked it. If there are details online of the test centre where you will take the test, it might be worth calling them and asking if they have any cancellations.


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## jerri (Oct 9, 2012)

*Thanks!*



2farapart said:


> Hi Jerri - I'm so sorry about your situation and I hope you can secure an appointment before your expiry date. I wish you the best of luck with that.
> 
> I just wanted to add: *book your Life In The UK test urgently!* My partner recently took hers and the test date was at least 4 weeks ahead of the date she booked it. If there are details online of the test centre where you will take the test, it might be worth calling them and asking if they have any cancellations.


Thanks for the heads up, I just checked and there are several appointments at centers closeby in my area so I am ok for now. I contacted an Immigration Advisor that says he can get me an appointment, so we shall see... hope he can find me one by Tuesday so that I can pay even more money... it's just a shame that the UKBA website does not tell you about having to book a PEO 6 weeks out from your appointment. Seems like I have seen several other people in my same boat!:confused2:


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## 2farapart (Aug 18, 2011)

This travesty has been a particular problem since both the rule changes of July 9th (which caused a rush of applications and an ongoing backlog) and, possibly, staff cutbacks. Before this, it wasn't too difficult to book an appointment with the PEO of your choice, though they still took a minimum 4 weeks or so.


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## BailyBanksBiddle (Feb 8, 2012)

2farapart said:


> This travesty has been a particular problem since both the rule changes of July 9th (which caused a rush of applications and an ongoing backlog) and, possibly, staff cutbacks. Before this, it wasn't too difficult to book an appointment with the PEO of your choice, though they still took a minimum 4 weeks or so.


This must be the case. I'm still trying to book an appointment and have been for a few weeks now! I'm approaching resignation to having to post it and wait. :ranger:


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