Overstayed for 11 days after expiry of tier 4 visa

[msx273]

Hi Mods and Experts

Is it a problem if student Overstayed for 11 days after expiry of tier 4 visa .

actually was waiting for new offer and CAS to renew the visa from UK but due to delay in getting the neccesary documents , studnet went back to home country

Is it a serious problem or how to solve this issue if student want to reapply

studetn is from low risk visa national.

Thanks

[Ticktack]

Hi Mods and Experts

Is it a problem if student Overstayed for 11 days after expiry of tier 4 visa .

actually was waiting for new offer and CAS to renew the visa from UK but due to delay in getting the neccesary documents , studnet went back to home country

Is it a serious problem or how to solve this issue if student want to reapply

studetn is from low risk visa national.

Thanks

Caseworkers must decide each case on its merits, but examples of reasons that might be considered beyond the control of applicants are:
• the applicant was admitted to hospital for emergency treatment (evidenced by an official letter verifying the dates of admission and discharge and the nature of the treatment)
• a close family bereavement
• an educational institution was not sufficiently prompt in issuing a Confirmation of Acceptance for Studies (CAS)

If a caseworker decides to use discretion it must be authorised by a senior caseworker, at Senior Executive Officer (SEO) grade or above. In these circumstances a caseworker must grant leave under the rules, with the same duration and conditions as a normal grant of leave under the rules attached to it. The decision letter must be clear that leave is being granted because the migrant met all other requirements of the route and the caseworker has accepted there were exceptional circumstances which prevented the applicant from making an in-time application.

[sah10406]

Caseworkers must decide each case on its merits, but examples of reasons that might be considered beyond the control of applicants are:
[...]

This guidance is not relevant to OP, who is applying for entry clearance in their home country. You have quoted from caseworker guidance specifically related to applications made within the UK for further leave to remain under paragraph 39E for overstayers.

https://www.gov.uk/government/publicati ... ily-routes

https://www.gov.uk/guidance/immigration ... -in-the-uk

From the introduction to the guidance:
This guidance is for caseworkers who consider applications for further leave to remain made on or after 9 July 2012 by an applicant without valid leave in certain routes.


OP, you are not subject to any penalty for the previous 11 day overstay, although it must of course be declared on the application. See paragraph 9.8.5(b) of the immigration rules:

9.8.5. A period of overstaying will be disregarded [...] where the person left the UK voluntarily, not at the expense (directly or indirectly) of the Secretary of State, and[...] the person overstayed for 30 days or less, where the overstaying began on or after 6 April 2017[...].

https://www.gov.uk/guidance/immigration ... or-refusal

Universities do not issue CAS to someone whose application will fall for mandatory refusal. If there were any issues with you applying after your previous overstay, your university would have either not issued the CAS or they would have warned you of the risk. If you are still concerned for some reason, contact the international student adviser at the university and they will allay your fears.

[msx273]

Thank you so much sah10406, really appreciate it

Caseworkers must decide each case on its merits, but examples of reasons that might be considered beyond the control of applicants are:
[...]

This guidance is not relevant to OP, who is applying for entry clearance in their home country. You have quoted from caseworker guidance specifically related to applications made within the UK for further leave to remain under paragraph 39E for overstayers.

https://www.gov.uk/government/publicati ... ily-routes

https://www.gov.uk/guidance/immigration ... -in-the-uk

From the introduction to the guidance:
This guidance is for caseworkers who consider applications for further leave to remain made on or after 9 July 2012 by an applicant without valid leave in certain routes.


OP, you are not subject to any penalty for the previous 11 day overstay, although it must of course be declared on the application. See paragraph 9.8.5(b) of the immigration rules:

9.8.5. A period of overstaying will be disregarded [...] where the person left the UK voluntarily, not at the expense (directly or indirectly) of the Secretary of State, and[...] the person overstayed for 30 days or less, where the overstaying began on or after 6 April 2017[...].

https://www.gov.uk/guidance/immigration ... or-refusal

Universities do not issue CAS to someone whose application will fall for mandatory refusal. If there were any issues with you applying after your previous overstay, your university would have either not issued the CAS or they would have warned you of the risk. If you are still concerned for some reason, contact the international student adviser at the university and they will allay your fears.