Overstay and cooling off

[milominderbinder123]

My contract with my employer ends on September 2nd 2016 while my Tier 2 (General) Leave to remain expires on September 14th 2016. I intend to stay for less than 28 days after the expiry of my visa (just to travel in the country) before departing. Here are my questions:

1. I assume I will not be subject to any general re-entry ban. Kindly confirm.
2. When will the 12 month cooling off period be calculated from? Date of expiry of leave or date of leaving the UK?
3. Is the 12 month cooling off period calculated to be upto the start of new employment or upto the date of fresh visa application?
4. What will be the implication of overstay for more than 28 but less than 90 days?

Thanks for reading (and responding)!

[CR001]

I would suggest you leave the UK before or on the day of your visa expiry.

1. I assume I will not be subject to any general re-entry ban. Kindly confirm.

It would be best not to complicate your immigration history.

2. When will the 12 month cooling off period be calculated from? Date of expiry of leave or date of leaving the UK?

Date you leave the UK. Surely you can travel the UK if/when you return at some point?

3. Is the 12 month cooling off period calculated to be upto the start of new employment or upto the date of fresh visa application?

Date of new application.

4. What will be the implication of overstay for more than 28 but less than 90 days?

You could have problems in getting another visa. UKVI/HO takes a very dim view of people taking the mickey with things like this!! It can affect future ILR and citizenship applications.

[milominderbinder123]

Thanks for that!

[milominderbinder123]

As you mentioned ILR, questions on extending stay:

Assuming I manage to find a job, I know I can apply within 28 days of the expiry of my current leave. Now I understand the date of further leave to remain will start when the application is decided, likely increasing total overstay to more than 28 days. How will this be dealt with in future ILR applications?

[poper]

As you mentioned ILR, questions on extending stay:

Assuming I manage to find a job, I know I can apply within 28 days of the expiry of my current leave. Now I understand the date of further leave to remain will start when the application is decided, likely increasing total overstay to more than 28 days. How will this be dealt with in future ILR applications?

Your status wil not be an "Overstayer" when you have an application pending to be decided with the HO