Grandfather clause

Thursday, 08 February 2007

The grandfather clause

Do the new rules since 1st Oct affect you ?

Since Oct 1st October 2006 new rules have been put in place that affect applications for extensions on Non Immigrant “O” visas .

However, these changes have a grandfather clause included. The grandfather clause “is an exception which allows something pre-existing to remain as it is, despite a change to the contrary in the rules applied to newer situations.”

In laymans terms this means that if you were previously granted an extension before October 1st 2006, then you will continue to be able to obtain an extension under the same rules as you did previous to October 1st 2006

However, if you make a change to the reason for extension (ie change from based on marriage to retirement ) then the grandfather clause will no longer apply with any subsequent application, even if you revert to the original reason.

Anyone applying for an extension after Oct 1st will need to comply with the new rules as they are.

There is some confusion regarding this, one example is that people who were married, but have not obtained an extension previous to Oct 1st 2006 will still be able to be grandfathered in under the old rules. This is not true, the grandfathering only applies to those that have obtained the extension before Oct 1st 2006

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The grandfather clause

Do the new rules since 1st Oct affect you ?

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