Hi Marcmarcnath wrote: ↑Fri Jun 28, 2019 8:13 amThat is not correct.
Once the first application is refused, everyone becomes an overstayer and have no rights to stay in the UK. It is only that HO defers enforcement while the second application is in process, so everyone can continue to live here.
Strictly speaking, as an overstayer, there is no access to FREE NHS. You can always access NHS but have to pay for it. Again, this is something that does not seem to be enforced.
I really have doubts on this.
when my first application was refused and I applied fresh application within 14 days, my solicitor didnt tell me that I am overstayer, nor did HO letters. I know HO is not very clear in this regard. This is a grey area.
My solicitor didnt advise me to remove myself from payroll.
however, when my second application was refused, then HO letters and solicitor clearly told me that I'll be overstayer. Solicitor clearly confirmed I shouldnt be on payroll now. HO letters state, leave UK or seek legal advice asap
from this ... it looks like one is not over stayer after refusal of first application, when fresh application is still in process, but definitely over stayer once fresh application is refused.
I know this is a grey area, but thats what I have observed.