Overstay, but not an Overstay

[ilr_hopeful]

Hi All,

I have a little issue with my visa validity.

During one LTR juncture, my application was delayed due to some reasons, but I managed to apply on the LAST DAY of the visa validity. That being a Saturday, the application reached HO the following Tuesday. I have proof of delivery, etc., to prove my date of posting.

In order to check if HO considered the date of posting, I requested a Subject Access report and to my surprise, I find the date of receipt on the SAR and not the date of posting. Albeit a difference of 3 days, as per HO I've still been living in the country illegally.

I read someplace that HO considers the date of posting and not the date of delivery. Do you reckon I should write back to HO stating my position?

Any experiences/opinions/ideas are kindly welcome.

Thanks in advance.

[vinny]

34G.For the purposes of these rules, the date on which an application or claim (or a variation in accordance with paragraph 34E) is made is as follows:

(i) where the application form is sent by post, the date of posting

[ilr_hopeful]

Thanks Vinny,

I have no doubt in my mind that HO is supposed to consider the date of posting.

However, in my case, the date of posting seems to have been ignored. Do you reckon I present my case to HO and explain as best as I can. I'll be applying for ILR later this year and don't want this to be a cause for concern at that stage.

Thanks in advance.

[ajaymitra76]

Hi,

I need to clarify something regarding ILR.

My first WP was approved on 31st Mar 2004(stamping date) and was upto 10th June 2004

My employer applied for extension and the WP was approved on a letter dated 8th June 2004 and the letter stated that I should get the passport stamped within 6 months. I received the WP letter after 10th June, so I could not get the passport stamped anyways before 10th June.

My extension was stamped on 12th August 2004 upto 31st May 2005.

Currently the rule is that the passport needs to be submitted for FLR(IED) before current leave to remain expires. However in my case the passport was submitted after the current leave to remain expired and I got it stamped. I am not sure that the rule of applying before the current leave to remain expired was in effect then.

I had new 2 more work permits after this with other employers and the stamping was always done before the current leave to remain expired. Currently I am on HSMP which was stamped in Sept 17th 2007.

Will they consider this gap of a little more than 2 months if I apply for ILR on 31st March 2009 ?

Any suggestions/ help will be appreciated greatly.

Regards

Ajay.

[ilr_hopeful]

Ajaymitra

Appreciate if you to use your own thread to post, rather than piggy-back one mine...

Like you, I too want my query answered/replied to and posting to my thread can possibly take the focus off my issue.

Cheers.

[ajaymitra76]

sorry.. but could you help pls

[vinny]

However, in my case, the date of posting seems to have been ignored.

They cannot ignore that the date of posting is the date of application.

[ilr_hopeful]

Thought so too...

My SAR says 3rd October 2006 instead of 30 Sept.

Cheers.

[tech]

They won't have any information on your date of posting. Either date of receipt or date of fee deduction will be on their system. check your acknowledgement letter. you need provide the proof (post office special/recorded delivery receiot clearly showing the address with tracking no). since tracking number is stored on this sytem they will be able to confirm this.

[ilr_hopeful]

This whole issue of 2 days' overstay is getting to nag me more than it used to...

Does anyone think this can be an issue? Is it worthwhile to send them a copy of my proof of posting along with some flowers and have them "amend" the application date so it reflects the date of posting instead of the receipt.

If I leave it as it is and the caseworker raises this point, will I be able to explain the situation to her at the time of ILR interview?

Anyone with a first-hand experience of this kind, please can you post your experience?

Thanks in advance.

[paulp]

ilr_hopeful, you don't have any problems whatsoever. It wasn't an overstay, as proven by your proof of postage.

Bring the proof of postage with you to the PEO and if queried, show it.

[ilr_hopeful]

Thanks paulp, I'll pocket my proof of posting and the 10 quid I saved and take my chances at the PEO.

Thanks all for your inputs - very useful indeed.

Cheers.

[supercreature]

I remember HO changed the rule of this long ago. Earlier they used to consider that application received date = Application Postage received from Courier. Now they accept the application admittence date = The date when the application payment is successfully though.

This is due to many applications payment get rejected thus application get rejected. That is why HO stress on so much filling the payment section.

[ilr_hopeful]

That certainly is a twist in the... tail! So, essentially, I'm back to square 1.

supercreature, the UKBA website still says "date of posting" for postal applications... they can't be following two policies in parallel?

Cheers.

[republique]

That certainly is a twist in the... tail! So, essentially, I'm back to square 1.

supercreature, the UKBA website still says "date of posting" for postal applications... they can't be following two policies in parallel?

Cheers.

You are confusing yourself
You do not have an overstay thats the bottom line