overstay

[anjan]

hai,

is there any way to overcome the overstay,in my case i made an application under tier 1 post study work route i receive all the documents specify that the application version used expired after one and half month of my visa expiry date,i had every thing universtiy letter ,university awards certificate ,bank balance.

I return back to home country immdieately after receieveing the letter from home office, and i was making an application now, but i heard that there is a possiblity of refusing my visa under section 320(7b)could you please tell me is there any way to overcome this please help me.

[geriatrix]

If you overstayed for less than 28 days the a new EC application will not be refused for "overstaying for less than 28 days". But if you overstayed for more than than 28 days, then you are subject to 320(7B), unless 320(7C) applies.

On what date did you receive the refusal letter? If you received a right to appeal, what date were you given to submit the appeal by? And on what date did you leave UK?


regards

[anjan]

I had crossed 28 days ,but, i dont had any wrong intension in this, it was just happened, they send all my documents along with application telling that u had used wrong version of application ,u can make an fresh application. but ,I my self leave the country that my visa had expired, and now i was making new application.As it was happened unexpectedly is there anyway that if i prove

that my all other required documents are perfect and this incident was happened as human mistake

they wont conisder my application pls ..tell is there any way

[arsenal49]

I had crossed 28 days ,but, i dont had any wrong intension in this, it was just happened, they send all my documents along with application telling that u had used wrong version of application ,u can make an fresh application. but ,I my self leave the country that my visa had expired, and now i was making new application.As it was happened unexpectedly is there anyway that if i prove

that my all other required documents are perfect and this incident was happened as human mistake

they wont conisder my application pls ..tell is there any way

so they gave you an option to make a new fresh in-country application but you choose to go back home AFTER 28 days were passed from refusal?
have i got this right?

if i have, why would you NOT submit new app from within country and WHY oh WHY would you go beyond 28 days limit?

regards

[Greenie]

[quote="arsenal49

so they gave you an option to make a new fresh in-country application but you choose to go back home AFTER 28 days were passed from refusal?
have i got this right?

if i have, why would you NOT submit new app from within country and WHY oh WHY would you go beyond 28 days limit?

regards[/quote]

this isn't really very constructive.

Anjan - when did your visa expire and when did you leave the UK?

[arsenal49]

this isn't really very constructive.

care to elaborate why you labelled my reply as "not constructive"?

actually dont...

OP needs a reply.. you go for it...

cheers

[Greenie]

this isn't really very constructive.

care to elaborate why you labelled my reply as "not constructive"?

actually dont...

OP needs a reply.. you go for it...

cheers

Thanks I will. I have asked OP a question and am waiting for a reply before I respond to his question.

I didn't think asking the OP why he left after 28 days was relevent to his query and therefore didn't think it was a very constructive comment.

It's clear he left the UK because he thought this was the correct thing to do. I think it's better to focus on advising him on his options rather than focusing on his earlier unintentional mistake. That's just my opinion.

[taha81]

OP says 'I return back to home country immediately after receiving the letter from home office'.

He did receive a Refusal Letter on his current application after his Last Leave to Remain expired one and a half month ago, I think he is bit confuse over here.

If that is Right then......You did not Overstayed.....and can apply with All the required documents with a covering letter explaining why your last application was refused, which date you received your Refusal letter and which date you left the country. Hope this Helps.

[geriatrix]

Anjan - when did your visa expire and when did you leave the UK?

Also, on what date did you receive the refusal letter? And if you don't remember the date, share the date the refusal letter was issued.


regards

[anjan]

Really, i dont had any wrong intension in this ,It was just happend as human mistake.At the moment when i received all my documents back, i was afraid even i decide to make a new application ,many people told that it will become outstanding application rather then staying here its better you back to your home country and make it.

After coming here very one is telling that it had become now overstay...
Really if i know it earlier i may stay there only and make an application.


Is being honest is amistake ,honestly telling if i had got my application version right i may got visa 100 % with out any doubt.

Thinking that my visa had expired and my self moved honestly is it wrong .....

[anjan]

Please suggest me, what i can do right now please......god sake help me

[geriatrix]

If you deliberately avoid answering the questions asked of you, people may avoid responding to your queries or be unable to provide you with accurate feedback / answers!

Based on the information you have provided, your query has been adequately answered. Unless you answer the questions asked and share the exact dates, I don't think anyone can help you further.



regards

[anjan]

You had asked me why i had return back ,even they asked me to make an new application.

I cant survive myself with out any income,my employer had stopped me from work one month before my visa expire but, i was confident my self that i will get visa and stayed almost three months with out any income.

So, i decide to go to home country and make an application

[anjan]

My visa was expired on 4 oct 2010,i received all my documents on 17 nov 2010 infact through post i got on 19 nov 2010 and i was moved on 24 nov 2010

[geriatrix]

My visa was expired on 4 oct 2010,i received all my documents on 17 nov 2010 infact through post i got on 19 nov 2010 and i was moved on 24 nov 2010

If you had made an application before 04-Oct. and if you left UK on 24-Nov-10, then you have nothing to worry - given the dates above! If this is indeed the case, then you haven't overstayed, so this will have no affect on your entry clearance application.

Go ahead and make your application, You'll not be refused for "having overstayed" in the UK.


regards

[Greenie]

I don't think this is correct. If the op's. Leave expired on 4th October and he failed to make a valid application to extend his leave then he overstayed from that date, not from the date he received the documents back. Therefore he did overstay more than 28 days- from 4th Oct to 24 Nov. You only benefit from 3c if you make a valid in time application.

[geriatrix]

Greenie, my response above starts with "if you had made an application before 04-Oct." ...... which I have now underlined so that it is not easy to miss!

But yes, if it was an out-of-time application, then what you stated is indeed true and the OP overstayed for 50 days and an entry clearance will be refused under 320(7B), unless 320(7C) applies.

regards

[Greenie]

The point I was making is that OP can only benefit from 3C leave if he made a valid in time application. He didnt make a valid in time application because he applied using the wrong form. Therefore he does not benefit from 3C leave, and his leave expired on 4th October.

[anjan]

The application version i had used is expired,really i dont know that,
All my documents are perfect,my bank statement,university award degree,university letter.

Bcoz of this small mistake i was facing problem,i had not dont it intensionaly.please,help me

[Greenie]

All you can do is apply and explain the situation and hope you are not banned for a year. Unfortunately the system is very harsh when it comes to invalid applications as ukba no longer give th opportunity to make a further valid in time application and they also don't send the application back immediately.

[perla]

I am applying to the PSW, and have to filling in some forms which asked me if I was in breach of immigration laws by overstaying?

I was a UK student last year, My visa expired on the 31st of January 2010, but my course was extended for 5 days more and I was adviced to extend my st. visa using these 5 days plus 3 months for results in case of reassesments.
I did apply in time on the 30 of Jan 2010 for student visa. My passport photos were lost within my app, I was notifyed by the home office and told to sumit a fresh app attaced with the photos within 21 days, by that time I was already receiving award confirmation letter from the school, but I didn't have the maintainance requeriments for a PSW visa, bad adviced from university, I was literally pushed to send a fresh app for PSW within the 21 days given previously.

The home office send me a notification confirming the knowledge of the situation, but later on the 22 April refused me the PSW visa on the grounds that I didn't meet the funds requeriment.... They wrote me to leave the country ASP. and give me no right to appeal. I called inmediatelly and arranged everything to leave before the 28 days after the refusal, (27 May). They also provide a temporary admission in the UK until the date of my departure... so my question is if I have breached immigration laws under overstaying... must I consider the time when my first app was invalid or only the time the refuse my app. Pls I send me feebacks!!....

[arsenal49]

overstay is overstay!

the day that your app was refused and you did not have any leave to remain, you become overstayer. write down all these dates and mention it in your app. the reason you were not given right to appeal was basically due to teh fact that you submitted an app as an overstayer

stress the fact that you left within 28 days and hopefully it will be alright this time around

cheers

ps. 22 april 2010 and 27 may 2010 - the period is 7 weeks long! and MORE than 28 days period? have you messed up your dates here?

[Greenie]

If you didn't make a valid in time application then you would be treated as an overstayer from the day your leave expired on 31st January.