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In-time application refused, appeal right exercised, refusalshahzebsaeed wrote: ↑Fri Jan 31, 2020 5:43 pm
Are you sure about this? First time I am hearing this, I didnt break the law....the appeal was my right and when the appeal didnt come in my favour I left?
What does that mean?
I was given the right to appeal withing 28 days which I didAmber wrote: ↑Sat Feb 01, 2020 11:16 amYou never made a subsequent successful application within 28 days, did you?
Simply because paragraph 39E applies in your circumstances, that does not mean you are not an overstayer or that your status is regularised. You are still an overstayer – in fact, it is precisely an exception for overstayers. That paragraph 39E applies only means the fact you are currently an overstayer will be overlooked when considering certain requirements of the Rules.
Does the exception not apply for applications made before 2016? Mines was way back in 2009Amber wrote: ↑Sat Feb 01, 2020 11:16 amYou never made a subsequent successful application within 28 days, did you?
Simply because paragraph 39E applies in your circumstances, that does not mean you are not an overstayer or that your status is regularised. You are still an overstayer – in fact, it is precisely an exception for overstayers. That paragraph 39E applies only means the fact you are currently an overstayer will be overlooked when considering certain requirements of the Rules.
I will have to look through the documents for the exact date but I know for sure we booked the flights well within the time frame given to us to leave the country, precisely not to be an overstayer so I am very confident that we left in time.AnotherUUID wrote: ↑Sat Feb 01, 2020 2:01 pmI might be wrong but I think the OP makes a very good point wrt the caseworker guidelines for overstaying under section "In-time application refused, appeal right exercised, refusal decision upheld".
It appears the example given in the above section exactly matches the OP's case. If these guidelines are taken on face value based on what's written, then OP's original leave to remain was automatically extended during the entire appeal process until 14 days after the final court ruling. If the OP left the UK within 14 days of the date of decision, then should not be considered as having overstayed as per the guidelines above which explicitly state that an applicant becomes an overstayer once the 14 day grace period after the final ruling has lapsed.
You say you left the UK on 11/11/2009 a result of the final ruling. What was the date of the final decision?