Have I ever overstayed???

shamsa01 · Post by **shamsa01** » Thu Jan 19, 2012 1:41 pm

Hi, I have one confusion I have applied for tier4 extension on 18 may in time ,my application returned as invalid due to old photographs on 8th june ,I applied with new photographs on 10th june, Got refusal july with right to appeal and won appeal in august and got my visa now. My question is that have i ever overstayed at any time and do i have to mention this on any future application? Thanks

2012 · Post by **2012** » Thu Jan 19, 2012 9:53 pm

shamsa01 wrote:Hi, I have one confusion I have applied for tier4 extension on 18 may in time ,my application returned as invalid due to old photographs on 8th june ,I applied with new photographs on 10th june, Got refusal july with right to appeal and won appeal in august and got my visa now. My question is that have i ever overstayed at any time and do i have to mention this on any future application? Thanks

1. Did you have a valid leave left wen u first application was returned to you due to old photographs?
2. I am assuming that u had as u were given a right of appeal 2nd time wen u applied which you won.
3. If you did not have a valid leave wen applied 2nd time then HO wud not give you a right of appeal.

shamsa01 · Post by **shamsa01** » Thu Jan 19, 2012 9:56 pm

No , i did not have valid leave to remain but fortunately they have given me the right to appeal. In this case have i ever been overstayed and do I need to mention this in any future application.thanks

Post by **vinny** » Thu Jan 19, 2012 10:37 pm

It appears like they kindly treated your subsequent application as a valid variation of your initial application. Therefore, you did not overstay and had the right of appeal.

However, to be safe, you may consider mentioning this in future applications as it shouldn't do you any harm. It would be interesting to see what your SAR files says on it.

shamsa01 · Post by **shamsa01** » Thu Jan 19, 2012 10:41 pm

Vinny do you think that its a good idea to make SAR to home office? Thanks

Post by **vinny** » Thu Jan 19, 2012 10:45 pm

Yes. Why not? It only costs £10.

shamsa01 · Post by **shamsa01** » Fri Jan 20, 2012 12:27 am

Do you think if dont mention that in the future application that i have been overstayed than its going to cause any problems?

Post by **vinny** » Fri Jan 20, 2012 5:20 am

I don't think that you had overstayed because you were granted a right of appeal. However, it shouldn't do you any harm if you mentioned the circumstances of this particular application just to cover yourself from any accusation of deception.

shamsa01 · Post by **shamsa01** » Fri Jan 20, 2012 9:11 pm

Do i have to enclose a covering letter with my application along with the letter of refusal? Thanks

Post by **vinny** » Sat Jan 21, 2012 2:47 am

A covering letter and copies of rejection, subsequent grant and success of appeal, etc., may be helpful.

shamsa01 · Post by **shamsa01** » Sat Feb 18, 2012 9:14 pm

I am going to make a psw application next month and guidance clearly states that you score 20 points if you are not overstayed during the course of your study. Do you think that its going to effect my psw application. As I have clearly mentioned that I received my invalid application back when my leave to remain was expired but I got a right to appeal when I made a new application which was refused and won the appeal later. I am bit worried please advise me what would be the right course of action. should I mark "yes" in the psw application where it ask if I have overstayed in UK or should I mention everything in the cover later. Thanks

Deviser · Post by **Deviser** » Sun Feb 19, 2012 7:09 pm

Technically, you did overstay, as when you apply again, after your first application return as invalid, you visa was expired. I think, if that case officer, who deal with your application before, treat your application with kindness, does not mean that you applied on time. This history cannot be changed i.e. "LTR application return as invalid and when made another LTR application visa was expired" and I think this thing has been recorded in your immigration file forever.

So my recommendation is, tick on 'Yes' at PSW form and mention all details what was happened and request case officer to award you those 20 points.

shamsa01 · Post by **shamsa01** » Sun Feb 19, 2012 7:28 pm

Deviser wrote:Technically, you did overstay, as when you apply again, after your first application return as invalid, you visa was expired. I think, if that case officer, who deal with your application before, treat your application with kindness, does not mean that you applied on time. This history cannot be changed i.e. "LTR application return as invalid and when made another LTR application visa was expired" and I think this thing has been recorded in your immigration file forever.

So my recommendation is, tick on 'Yes' at PSW form and mention all details what was happened and request case officer to award you those 20 points.

I have spoken with a solicitor and he said that I don't need to tick "yes" in the future application because I am not overstayed as I have been given right to appeal after my visa got rejected that means they have treated my application as the" variation of the original" application.

Post by **vinny** » Sun Feb 19, 2012 9:32 pm

Good to see that the solicitor gave the same answer.

Deviser · Post by **Deviser** » Sun Feb 19, 2012 10:11 pm

If you already got legal advice than why you are confusing yourself by asking same thing again and again? You should make your application through that lawyer!

Or if (I think) you are not satisfied with that (like me) so I will say that get another opinion. It will be good. Rest upto you. Good luck.

greentea123 · Post by **greentea123** » Thu Mar 22, 2012 2:36 pm

What happened in the end? Did you tick that you overstayed and explained that it was because you were waiting for a decision on your appeal request? Did you submit evidence? Please let me know. Thanks

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Have I ever overstayed???

Have I ever overstayed???

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