Possible overstay?

Tiny · Post by **Tiny** » Thu Sep 10, 2009 12:34 pm

Hi everyone,

I wonder if you can help. My PSW (transitional arrangements) was refused (maintenance) in August. My balance dipped to below Â£800 on a few occasions and I can't show funds in any other accounts. I sent the appeal papers off but I'm well aware that the appeal is more than likely to fail. My hearing date is on Oct 7 and I'm thinking that I'll withdraw my appeal and go back to Kenya.

My worry is that once I withdraw my appeal will I be considered an overstayer? I'm kind of concerned as I'm intending to apply for the fiancee visa once I'm back home. My immigration history is otherwise good and I've never overstayed.

If anyone could help, that would be great.

Tiny.

P.S. Apologies if this is in the wrong forum - I'm new here!

Tiny · Post by **Tiny** » Thu Sep 10, 2009 10:56 pm

Any ideas anyone?

Post by **Obie** » Thu Sep 10, 2009 11:20 pm

If you overstayed, and went voluntary without government aid or forced removal, you could only be barred for a month or 28days from applying, which is not a substantial period anyway.

Tiny · Post by **Tiny** » Thu Sep 10, 2009 11:45 pm

Thanks for your reply Obie,

I intend to inform the HO as soon as I withdraw my appeal... but what will my immigration status be then? I really don't want to be illegal at any point.

Does the 28 days (to leave the UK) start on the date I withdraw my appeal, or is it strictly from the date of the refusal letter - in which case I'm very nearly at the 28 day cut-off?

Post by **Obie** » Fri Sep 11, 2009 12:53 am

28 days start from the day you arrive at you home country.

Tiny · Post by **Tiny** » Tue Sep 15, 2009 4:14 pm

Sorry Obie, I don't mean to doubt you but I haven't come across any info regarding a 28 day ban - have you got any links or anything?

Also, if anyone's got any ideas about this, your views would be very welcome!

Thanks,

Tiny

ash786 · Post by **ash786** » Tue Sep 15, 2009 10:21 pm

Tiny wrote:Thanks for your reply Obie,

I intend to inform the HO as soon as I withdraw my appeal... but what will my immigration status be then? I really don't want to be illegal at any point.

Does the 28 days (to leave the UK) start on the date I withdraw my appeal, or is it strictly from the date of the refusal letter - in which case I'm very nearly at the 28 day cut-off?

1. 28 days start from the day u will withdraw the appeal.
2. If u r in appeal process then u leave is extended under Section 3C so u r not an overstayer untill the appeal has been decided.

ash786 · Post by **ash786** » Tue Sep 15, 2009 10:24 pm

Obie wrote:If you overstayed, and went voluntary without government aid or forced removal, you could only be barred for a month or 28days from applying, which is not a substantial period anyway.

1. I do not really agree with you on that as if the OP has ben removed or deported then its a ban of more than 28 (1 and 10 years depends which one applies) days plus it will effect all the future application plus it wil be very hard to get the visa if sumbody has been removed or deported from UK.

Tiny · Post by **Tiny** » Tue Sep 15, 2009 10:55 pm

I assume I'll get documentation from the AIT stating that I've withdrawn my appeal... Is it a good idea to take this to the airport with me in case I get stopped? This will show the IO that I have overstayed for less than 28 days won't it? If they go by the end date of my last visa it'll look like I've overstayed for nearly 3 months!

Thanks guys!

Tiny

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Possible overstay?

Possible overstay?