What can I do? Looks like I am overstayer

[elenaT]

Hi,

I have a dilemma.
My visa expired on 20th of January 2011. On 19th January 2011 I have send my application form to the Home Office, but I received my application back yesterday(18th February), as invalid, because some of mandatory fields were not filled correctly. The letter from Home office is dated 11th of February. Does it mean that I an overstayer now and my application will be refused when I send it back?

[andsyl]

What is the content of the letter you received from the UKBA. Did they give the opportunity to re-apply? say within 28 days?

Since your application was deemed invalid, it seems that you are technically an over-stayer from the date you visa expired. If you are given the opportunity to make a fresh application, do it ASAP. This is likely to be accepted. Take care to ensure that all your documents are in order, especially that your maintenance fund (28 days in your account) and photographs requirements are met.

Regards

[elenaT]

Yes, the letter says that I need to send them fresh application, and all fields that I missed are marked, but it does not specify time, i.e. It doesn't say anything about 28 days or any other time. Shall I still try to send it?
I just started final year of university in january and this is what I always wanted. Now it seems like I may not finish it.

[kkj]

Now they will try to reject your further application of LTR and you will not have right of appeal coz technically you are making late application.

This is happened with 1000z of students. They made Tier 4 extension form very complicated and most of students makes mistakes. UKBA returned application as 'invalid' after visa expiry date, even you been applied a month ago and your mistake can be tracked easily in an hour, they will keep your application until your visa date expires which makes you a 'overstayer' and if your next application refused you do not have any right of appeal and you have to leave UK.

[andsyl]

Yes, the letter says that I need to send them fresh application, and all fields that I missed are marked, but it does not specify time, i.e. It doesn't say anything about 28 days or any other time. Shall I still try to send it?
I just started final year of university in january and this is what I always wanted. Now it seems like I may not finish it.

I think you should made a fresh application ASAP, ensuring that all the requirements are met as further invalidity or reject would unlikely give right of appeal. As other members suggested, you may consider getting legal advice should something goes wrong with the new application.

Maybe other senior members can help here

Cheers

[Greenie]

I agree with the advice of others that you need to submit a perfect application asap. You will not get a right of appeal if your application is refused because you have now unfortunately overstayed.

Bear in mind that if your application is refused again and you have to return home you are likely to be subjec to a mandatory one year ban due to overstaying for more than 28 days. This is why it is so important that you make a good application now.

Do you have an international student adviser at your university? If so then you could ask s/he to check the application for you. They may be able to submit on your behalf if they participate in the student batch scheme.

Don't forget that you will will probably need to update your bank statements if this is what you were relying on for your maintenance.

Make sure you read the Tier 4 Policy Guidance

in order to be certain of the requirements.

[arsenal49]

submit new app... and make it absolutely perfect... read it again and again....

or else you will be going home, with a possible ban of 1 year cuz your new app will not be decided within 28 days period!

regards

[elenaT]

Ok, I will definitely go and ask at uni tomorrow and see what they say also. Will have to check new application many times. Thanx a lot everybody for your advice. I hope that I will finally get my degree, then I will go home.

[perll786]

i am replying u as same hapend to me. i sent the application before visa expiry but they sent my docs back and refused coz of missing entries. at that time my visa was expired but i consult ppl n sent new application form giving the reference no of my refused application.(u can see 'Home office reference number' option in form). and home office considered my new application. so u need to send the new application giving the old reference number in the form.