Overstayed for 2 days back to 2014, will my case be rejected?

[LESTOU]

Dear Moderators and Members,

I overstayed for 2 days back to 01/09/2014, I didn't apply for a new visa within 28 days so the 3c rule doesn't apply. Now I'm eligible to apply for a Skilled Worker Visa. My question is will these two days' overstay history lead to a straight rejection?

Many Thanks

[vinny]

The previous overstay shouldn’t be relevant. But why don’t you extend in your current category, as a spouse, at the appropriate time?

[LESTOU]

Thank you for the prompt response. Yes, I'm also eligible for the spouse visa. Is it going to be more relaxed than the SW visa? The situation is that I just applied SET LR and was rejected due to this overstay. My previous Tier 2 applications were all successful prior to this rejection, where the overstay was not mentioned at all. I don't remember whether the overstay was asked or not in the past, I was not even aware of it before the set LR rejection.

Now in the new application form, it explicitly requires one to explain "have you ever remained in the UK beyond the validity of your visa or permission to stay?". So I'm worried that adding this overstay history in the answer will lead to rejection.

[vinny]

If you answer truthfully, then it shouldn’t be the cause of rejection under the Skilled worker route. Else, they may refuse due to deception.

However, if you succeeded in switching to the Skilled worker route, then your qualifying period for ILR in your current spouse route will be lost.

[LESTOU]

If you answer truthfully, then it shouldn’t be the cause of rejection under the Skilled worker route. Else, they may refuse due to deception.

However, if you succeeded in switching to the Skilled worker route, then your qualifying period for ILR in your current spouse route will be lost.

I know but I'm already 3 years on the tier 2 route, which is actually quicker than the set M route.

Thank you for the help, that is a relief. I will answer them truthfully.

[vinny]

Unfortunately, the previous 3 years continuous leave under Tier 2 route was broken when you switched to spouse route. Switching to Skilled worker route will reset your qualifying period again. You may be better off remaining on the Spouse SET(M) route.

[LESTOU]

Unfortunately, the previous 3 years continuous leave under Tier 2 route was broken when you switched to spouse route. Switching to Skilled worker route will reset your qualifying period again. You may be better off remaining on the Spouse SET(M) route.

I didn't switch to a spouse visa, actually, I'm still holding a tier 2 which will be expired next month. So I guess the previous continuous leave is still valid.

[vinny]

Was this history incorrect?

• On 12/01/2018 you applied for further leave to remain as a Spouse which was granted from 16/02/2018 until 09/05/2021.

[LESTOU]

Was this history incorrect?

• On 12/01/2018 you applied for further leave to remain as a Spouse which was granted from 16/02/2018 until 09/05/2021.

Thanks for the sharp observation, it is correct. But on 01/04/2018, I switched back to Tier 2 until now. So I think the best route is still Tier 2.