Worry about possible overstay situation

[binji9186]

Hello everyone,

On previous posts I've explained that I'm still waiting for my visa to be processed yet but I'm still in the UK with my partner, it's been more than 6 months sinces I've entered on a visit visa before my hearing for appeal took place, I've recieved successful decision approx. only 2 months after i've entered and was told back then that I'm legally allowed to be in the country beyond the 6 months visit period as my status has changed after receiving the decision and only problem would arise if I were to fly out for any urgent reason during this time until I get my visa, but recently others are saying to me that what I was told are wrong and that i'm now an overstayer and might have issue coming back even after my visa is issued. is that right? if yes, how could it be dealt with moving forward?

[binji9186]

Just adding to this that it is partially not my fault as this very huge delay from the Home Office and the 8 or 12 weeks period of implementing the decision must've took place 3-4 months into my visit visa period which mean that I could have stayed within my visa limits if my visa was issued on time.

[Ticktack]

Just adding to this that it is partially not my fault as this very huge delay from the Home Office and the 8 or 12 weeks period of implementing the decision must've took place 3-4 months into my visit visa period which mean that I could have stayed within my visa limits if my visa was issued on time.

Struggling to follow here. Oman citizens don't need a visa for the UK. So I'm guessing you entered on EVW. Correct?
Have you then claimed asylum?
Or what visa have you applied for?
Has this visa now been granted?
Was there a letter from the HO to this effect?

[binji9186]

Struggling to follow here. Oman citizens don't need a visa for the UK. So I'm guessing you entered on EVW. Correct?

Yes

Have you then claimed asylum?

No

what visa have you applied for?

Family Reunion - partner of a refugee

Has this visa now been granted?

Appeal allowed, but visa still being processed

Was there a letter from the HO to this effect?

Recieved an email of decision overturn and was asked to resubmit passport to VAC which I did weeks ago, other than that currently I only have the court decision document as a proof of legal status

[Ticktack]

Struggling to follow here. Oman citizens don't need a visa for the UK. So I'm guessing you entered on EVW. Correct?

Yes

Have you then claimed asylum?

No

what visa have you applied for?

Family Reunion - partner of a refugee

Has this visa now been granted?

Appeal allowed, but visa still being processed

Was there a letter from the HO to this effect?

Recieved an email of decision overturn and was asked to resubmit passport to VAC which I did weeks ago, other than that currently I only have the court decision document as a proof of legal status

Everything takes time now. You have to sit back and wait. Not sure how it works for partners of refugees regarding international passports. It might be taken and not given back, but don't quote me on that.
If that happens, you would need to apply for a travel document.

[binji9186]

Everything takes time now. You have to sit back and wait. Not sure how it works for partners of refugees regarding international passports. It might be taken and not given back, but don't quote me on that.
If that happens, you would need to apply for a travel document.

Yes im aware indeed and been waiting patiently for a long time now but my question currently is i'm I currently considered an overstayer or not? plus I dont understand why would my passport be taken away as I'm not the refugee here but my partner is, has this happened before in some instances?

[vinny]

If you made an in-time valid application in the UK, then you are not an overstayer.

Else, if you entered more than six months ago, then you are an overstayer.

[binji9186]

If you made an in-time valid application in the UK, then you are not an overstayer.

Else, if you entered more than six months ago, then you are an overstayer.

Does section 3c applies in my case when my application was made overseas and not in the UK?

[CR001]

If you made an in-time valid application in the UK, then you are not an overstayer.

Else, if you entered more than six months ago, then you are an overstayer.

Does section 3c applies in my case when my application was made overseas and not in the UK?

No it does not apply if an initial application was made overseas.

[meself2]

what VAC were you asked to submit your passport to? as in UK one or abroad

[binji9186]

If you made an in-time valid application in the UK, then you are not an overstayer.

Else, if you entered more than six months ago, then you are an overstayer.

Does section 3c applies in my case when my application was made overseas and not in the UK?

No it does not apply if an initial application was made overseas.

Could I possibly be asked for it when arriving back to UK after my visa is processed? is it possible that I could be refused to enter based on it? would explaining this in full details to border officer help me to avoid being refused to enter?

[binji9186]

what VAC were you asked to submit your passport to? as in UK one or abroad

No not in UK, I've posted my passport to a family member back home to be submitted on my behalf

[CR001]

Why did you do that?

You need to enter the UK on the family reunion entry clearance visa and get stamped in to effectively "activate" the visa. How do you plan on doing it if you are in the UK?

You are still an overstayer I'm the UK if you have been here for more than 6 months. This has nothing to do with ukvi and everything to do with you not following the rules.

[meself2]

what VAC were you asked to submit your passport to? as in UK one or abroad

No not in UK, I've posted my passport to a family member back home to be submitted on my behalf

And there's your problem.
If they expected you to submit your passport in your home country, so you could enter with proper clearance, they wouldn't expect you to switch your status in the UK.

[binji9186]

Why did you do that?

You need to enter the UK on the family reunion entry clearance visa and get stamped in to effectively "activate" the visa. How do you plan on doing it if you are in the UK?

I couldn't leave my partner alone indefinitely, since I do hold a valid schengen visa I was planning to go spain for couple of days visit to a friend and then come back to UK to activate it, i'm very worried now that I could be asked about my overstay and never thought that the advice I was given previously that my status has changed after recieving court decision could be challenged now.

[binji9186]

what VAC were you asked to submit your passport to? as in UK one or abroad

No not in UK, I've posted my passport to a family member back home to be submitted on my behalf

And there's your problem.
If they expected you to submit your passport in your home country, so you could enter with proper clearance, they wouldn't expect you to switch your status in the UK.

we checked with VAC previously and were told that it is possible to authorise a friend or a family member to collect my documents, so it will be on records that I wasn't the one who collected it.

[Ticktack]

what VAC were you asked to submit your passport to? as in UK one or abroad

No not in UK, I've posted my passport to a family member back home to be submitted on my behalf

And there's your problem.
If they expected you to submit your passport in your home country, so you could enter with proper clearance, they wouldn't expect you to switch your status in the UK.

we checked with VAC previously and were told that it is possible to authorise a friend or a family member to collect my documents, so it will be on records that I wasn't the one who collected it.

Your letter to resubmit your passport should have said something along these line;

The decision to grant you a visa blah blah blah.
In order for you to do this, you would be required to submit your passport to the VAC center. If already in the UK, you would need to go back to your home country and do this.

This isn't verbatim of course, just an assumption.

Now, the HO records would show that you're still in country. You've now completely destroyed all the immigration rules by doing this.
Fingerprinting was started mostly because of scenarios like this. Where people would get UK visas, stay in the UK and send passport back home for renewal. Without actually being on home soil.

VAC aren't the HO, they are just regular people doing a job as a middle man. They couldn't care less who picks up your passport or where you are. They just need to know that you authorised it. Almost like a banker would do.

I can't even think of a way forward at this juncture!

[binji9186]

what VAC were you asked to submit your passport to? as in UK one or abroad

No not in UK, I've posted my passport to a family member back home to be submitted on my behalf

And there's your problem.
If they expected you to submit your passport in your home country, so you could enter with proper clearance, they wouldn't expect you to switch your status in the UK.

we checked with VAC previously and were told that it is possible to authorise a friend or a family member to collect my documents, so it will be on records that I wasn't the one who collected it.

Your letter to resubmit your passport should have said something along these line;

The decision to grant you a visa blah blah blah.
In order for you to do this, you would be required to submit your passport to the VAC center. If already in the UK, you would need to go back to your home country and do this.

This isn't verbatim of course, just an assumption.

Now, the HO records would show that you're still in country. You've now completely destroyed all the immigration rules by doing this.
Fingerprinting was started mostly because of scenarios like this. Where people would get UK visas, stay in the UK and send passport back home for renewal. Without actually being on home soil.

VAC aren't the HO, they are just regular people doing a job as a middle man. They couldn't care less who picks up your passport or where you are. They just need to know that you authorised it. Almost like a banker would do.

I can't even think of a way forward at this juncture!

is this possibly why they are now taking so long to process my visa? could I be refused visa issue on that basis after all this wait? if visa is issued subsequently, does that means im off the hook?

[meself2]

if visa is issued subsequently, does that means im off the hook?

and what will happen then?
to get it right you need to enter the UK on your new visa; how would you do that without having an exit stamp before the expiration date of your tourist visa? Even if issued, it will cause issues with renewal.

[Ticktack]

is this possibly why they are now taking so long to process my visa? could I be refused visa issue on that basis after all this wait? if visa is issued subsequently, does that means im off the hook?

I couldn't tell you that for a fact. However, you can't show blatant disregard for the rules and expect that there wouldn't be repercussions. At every turn, you break the rules.

Let's see how things pan out.

[JB007]

I couldn't leave my partner alone indefinitely,

Why not? According to your previous thread, your partner has been in the UK for 4 years in a few weeks time.
immigration-for-family-members/refugee- ... l#p2092088

You might want to check if your health insurance in still valid for your visit to the UK. The NHS bills at 150% of the national cost. If you are in England, NHS England wants the estimated cost of treatment up front.

[AmazonianX]

A bad situation that turned in your favour you just turned it all upside down by yourself.
Even though HO sometimes gets it wrong but rules are rules and to be adhered to. Imagine what chaos it would be if all immigrants or visa liable person has such mindset.
Hopi g there is a redemption from what you brought on yourself.

[Korekt]

I've recieved successful decision approx. only 2 months after i've entered and was told back then that I'm legally allowed to be in the country beyond the 6 months visit period as my status has changed after receiving the decision

Who told you this?