Case withdrawal query

[dtjesus]

I have just withdrawn my tier 1 general case yesterday by fax. My current leave to remain had already expired before. So i will have to leave the country. Does anyone know how many days i will be given to leave? I have heard about 28 days but the ppl at home office say 'ASAP'. My questions are;

1-What is the exact legal duration provided to make travel arrangements and levae?
2- When does this duration start from? The day i receive the passport back? OR the day when i sent in the request for withdrawal?

Thanks guys for any clues

[Rozen]

I have just withdrawn my tier 1 general case yesterday by fax. My current leave to remain had already expired before. So i will have to leave the country. Does anyone know how many days i will be given to leave? I have heard about 28 days but the ppl at home office say 'ASAP'. My questions are;

1-What is the exact legal duration provided to make travel arrangements and levae?
2- When does this duration start from? The day i receive the passport back? OR the day when i sent in the request for withdrawal?

Thanks guys for any clues

1. Twenty eight days!

2. Usually, your passport/documents will be returned to you, with an accompanying letter referring to your withdrawal of the case. It is from the date of this letter that you can start counting the 28 days.

[aruni4470]

I have just withdrawn my tier 1 general case yesterday by fax. My current leave to remain had already expired before. So i will have to leave the country. Does anyone know how many days i will be given to leave? I have heard about 28 days but the ppl at home office say 'ASAP'. My questions are;

1-What is the exact legal duration provided to make travel arrangements and levae?
2- When does this duration start from? The day i receive the passport back? OR the day when i sent in the request for withdrawal?

Thanks guys for any clues

You will get 'NOTICE OF IMMIGRATION DECISION' along with your passports and it is 28 days from the date on the letter.

[Sushil-ACCA]

I have just withdrawn my tier 1 general case yesterday by fax. My current leave to remain had already expired before. So i will have to leave the country. Does anyone know how many days i will be given to leave? I have heard about 28 days but the ppl at home office say 'ASAP'. My questions are;

1-What is the exact legal duration provided to make travel arrangements and levae?
2- When does this duration start from? The day i receive the passport back? OR the day when i sent in the request for withdrawal?

Thanks guys for any clues

1. Twenty eight days!

2. Usually, your passport/documents will be returned to you, with an accompanying letter referring to your withdrawal of the case. It is from the date of this letter that you can start counting the 28 days.

ususally pasport is compounded by team and handover at airport

[Rozen]

ususally pasport is compounded by team and handover at airport

I personally know someone who was sent his passport back, with a letter advising him to leave the UK!

[dtjesus]

I have received the passport and the accompanying letter. The letter states to withdrawal but doesnt mention any specific number of days to leave. Although from all the information i have gathered it seems to be 28 days.

I am trying to book flights now. Some of the cheapest flights are a few days after the 28 day mark. I need to find out what happens if i leave a few days after the 28 days deadline? maybe 7 days? Has anyone heard of such a case? Will there be issues at the airport?

[Rozen]

Some of the cheapest flights are a few days after the 28 day mark. I need to find out what happens if i leave a few days after the 28 days deadline? maybe 7 days? Has anyone heard of such a case? Will there be issues at the airport?

Unlikely!
The person I referred to in my previous post left on the 33rd day without any probs at HEATHROW!
I guess it's 28 days, give or take! A few days later shouldn't make a dramatic difference, as long as you don't leave it too long.
All the best!

[aruni4470]

I am trying to book flights now. Some of the cheapest flights are a few days after the 28 day mark. I need to find out what happens if i leave a few days after the 28 days deadline? maybe 7 days? Has anyone heard of such a case? Will there be issues at the airport?

You might be not allowed to apply for a visa for 1 year (there are some exceptions to this. Read below)

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

General Grounds for Refusal
On 29 February 2008, the Immigration Rules were amended to provide that any application for entry clearance, leave to enter or leave to remain in which false representations or documents are used or material facts are not disclosed will automatically be refused.
On 1 April 2008 the rules were amended on entry clearance or leave to enter, with the effect that:
•
Any migrant who has used deception in an entry clearance application will have future EC/LTE applications refused for 10 years; and
•
Any migrant who otherwise breaches our immigration laws (seeks LTE/R by deception, enters illegally, overstays for more than 28 days or breaches his conditions of stay) will have their applications automatically refused for the following periods:.
•
1 year if he left the UK voluntarily (not at public expense) after the breach (this includes all port refusals who depart voluntarily at carriers expense);
•
5 years if he left voluntarily at public expense after the breach;
•
10 if he was removed or deported.
However, as a result of concessions made by Ministers in Parliamentary debates on these provisions, they do not apply:
•
To anyone who was in the UK on 17 March 2008 and who leaves voluntarily by 1 October;
•
To anyone applying for Entry Clearance or Leave to Remain in one of the following settlement categories:
o
As a spouse or civil partner;
o
As an unmarried/same sex partner;
o
As a fiancé(e) or proposed civil partner;
o
As a person exercising rights of access to a child;
o
As a parent, grandparent or other dependant relative;
o
As a spouse, civil partner or unmarried/same sex partner of a refugee or person with humanitarian protection.
•
To anyone who was under 18 when he last breached our immigration law;
•
To anyone who we have accepted as having been trafficked to the UK;
•
To anyone who was granted leave after having breached immigration law, provided we knew about the breach when we granted the leave.

[dtjesus]

Thanks for all the info.
So there is a possibility that i might be penalized with the 1 year ban on applications. How is that penalty marked? Will they stamp something on my passport? Will my destination authorities/immigration know that i have been penalized for additional days overstay?

[geriatrix]

When an application is withdrawn (IDI > Chapter 1 > Section 5 > para 4) before a decision on variation of leave (read further leave to remain application) has been determined by UKBA, Section 3C leave stands terminated.

Section 3C (of the Immigration Act 1971 (as amended)) prevents an applicant becoming an overstayer during the period in which their application for a variation of leave remains undecided and, thereafter, while an appeal against any refusal could be brought or is pending.

In simple words, Section 3C is the guardian umbrella that grants the applicant the 28 day period to either leave the country or, if give the right, file an appeal. When Section 3C leave is terminated, there is no 28 day period available ... and the applicant is an overstayer as soon as he recieves the decision from UKBA!!

IMHO and based on my (limited) understanding, suggest that the OP makes arrangements to leave the country ASAP.

regards

[geriatrix]

Thanks for all the info.
So there is a possibility that i might be penalized with the 1 year ban on applications. How is that penalty marked? Will they stamp something on my passport? Will my destination authorities/immigration know that i have been penalized for additional days overstay?

Immigration stamps on your passports (home country / destination country) and visa expiry dates are enough for anyone to figure out if the passport holder has ever overstayed .. even if nothing of such nature (overstayer) is marked on your passport.

regards

[geriatrix]

Why is it 28 days (and not more or less)?? From what little I have understood from the current laws:

Because, when a right of appeal is given, then an appeal must be filed:
1. within 5 days when applicant is in detention,
2. within 10 days in all other cases where appeal must be filed in-country.
3. within 28 days when an appeal can only be filed when the applicant has left UK.

(Section 7, Asylum and Immigration Tribunal (Procedure) Rules 2005)

So, 28 days is the maximum time within which an appeal must be filed under the law - or the applicant must leave the country - without becoming an overstayer.


regards

[dtjesus]

The letter from home office doesnt mention any appeal rights as the case hasnt been denied but volunatarily withdrawn by myself. It doesnt also mention anything related to leaving UK.
Sushdmehta,
Do you reckon Section 3C isnt applicable for me and that i do not have the 'privilige' of 28 days to leave? How can i confirm that if the home office letter hasnt stated anything?
ASAP = As soon as possible.....For me the soonest possible affordable flight is just after a few days of 28 days. Does that count as a plausible excuse to surpass 28 days i.e if they are still applicable for me....
very confused :p

[geriatrix]

Do you reckon Section 3C isnt applicable for me and that i do not have the 'privilige' of 28 days to leave? How can i confirm that if the home office letter hasnt stated anything?

Section 3C was applicable to you when your application was under consideration ..... but stands terminated as you have withdrawn the application. I have provided the link above to the document which clearly states so. IMHO you do not have the benefit of 28 day period.

For me the soonest possible affordable flight is just after a few days of 28 days. Does that count as a plausible excuse to surpass 28 days i.e if they are still applicable for me....
very confused :p

Affordability = not a valid excuse from UKBA's perspective I would guess!

This said, please note that I am not a legal expert and my opinions are just mine ... based on my personal and limited understanding.

Do you intend to come back to UK (in any immigration category) in the near future? If so, suggest that you do not delay your departure beyond what is utmost necessary.

regards

[aruni4470]

Section 3C was applicable to you when your application was under consideration ..... but stands terminated as you have withdrawn the application. I have provided the link above to the document which clearly states so. IMHO you do not have the benefit of 28 day period.

Does this mean that one has to leave the country immediately if s/he withdraws her/his application? If the section 3C doesnt apply, that means one does not have the 28 day grace period and if there is no 28 day period, does it mean one has to leave the country as soon as he gets his passport back? Quite confusing (atleast for me)

[geriatrix]

At least I haven't come across any other section in the law (as yet) that seems to suggest otherwise. I'll be glad if someone who has expert knowledge on the matter can point me to the right place. I've been reading the Immigration Act for too long now ... am tired!

regards

[aruni4470]

I've been reading the Immigration Act for too long now ... am tired!

thanks sushdmehta.

[geriatrix]

This could be a discretionary thing from UKBA which they apply liberally. But this is just a guess, only UKBA can confirm .. so the OP should send am email / call up and get a confirmation from them (better to get it in writing i.e.- email).

regards

[aruni4470]

This could be a discretionary thing from UKBA which they apply liberally. But this is just a guess, only UKBA can confirm .. so the OP should send am email / call up and get a confirmation from them (better to get it in writing i.e.- email).

regards

True. I have applied for a student visa extention in 2003 and got rejected. The reason was that they wrote to me asking for my full bank statements and I have not sent them. I have not received any letter from them (that is a completely different story and not relevant). So, they have rejected my visa and sent me a 'Notice of Immigration Decision' and gave me right to appeal. I have not appealed as I was getting married in a couple of months time and returned home. But, that was after the 28 day grace period (did not know about the grace period then). Did not have any problems leaving UK or entering my home country (no questions asked). Applied for HSMP in 2007 and was approved (did mention about this overstay in my application).

[dtjesus]

But, that was after the 28 day grace period (did not know about the grace period then). Did not have any problems leaving UK or entering my home country (no questions asked). Applied for HSMP in 2007 and was approved (did mention about this overstay in my application).

do you remember how many days after the grace period u left?

I have been in uk for 6 years and have accumulated a life, friends, and number of belongings. Surely it will take anyone a certain amount of time to wrap up their lives. However, i understand that UKBA works on set guidelines and these reasons might not matter anything to them.
Will it be safe to ring them up now or after booking a flight?

[aruni4470]

do you remember how many days after the grace period u left?

It was almost after 35 days I think.

I have been in uk for 6 years and have accumulated a life, friends, and number of belongings. Surely it will take anyone a certain amount of time to wrap up their lives.

That was the exact reason for me to take sometime.

Will it be safe to ring them up now or after booking a flight?

It is safe to ring now in my opinion.

In my previous post I mentioned that there were no questions asked. But, I now remember that I was asked why has my leave expired. I had the letter from Homeoffice the Notice of Immigration Decision and I showed it to the officer and he allowed me to leave. Also, when I mentioned that my HSMP application was approved, did not mean that it will happen in all cases. Even if you overstay more than 28 days and leave voluntarily, you will be banned for reapplying for an year and I have applied almost after 4 years after the overstay. So, maybe that restriction did not apply to me. If you are thinking to return to UK again please make sure you think about all the repercussions before you make a decision. All the best.

[dtjesus]

I will not be applying in an immigration category but perhaps would like to visit. Would it also affect Visit visas?

[aruni4470]

I will not be applying in an immigration category but perhaps would like to visit. Would it also affect Visit visas?

I think yes. Unless you are applying in one of the below categories.

As a spouse or civil partner;
o
As an unmarried/same gender partner;
o
As a fiancé(e) or proposed civil partner;
o
As a person exercising rights of access to a child;
o
As a parent, grandparent or other dependant relative;
o
As a spouse, civil partner or unmarried/same gender partner of a refugee or person with humanitarian protection.
•
To anyone who was under 18 when he last breached our immigration law;
•
To anyone who we have accepted as having been trafficked to the UK;
•
To anyone who was granted leave after having breached immigration law, provided we knew about the breach when we granted the leave.