Refusal Scenario

[mehulsanghvi]

Hello,

Apologies if this has been answered previously (I did try and search, but couldnt find an answer).

I've applied for a ILR @ Croydon PEO on 8th May, straightforward application. But due to IT Issues was asked to submit all my documents. Havent heard anything back yet.

My Tier1 visa is valid until 28th May (10 more days i.e. 5 working days).
While I have no reason to believe so, just in case UKBA refuses my application for ILR after 28th May - will I be an overstayer then?

How many days would I have to make a fresh FLR or ILR application once I receive letter of refusal without being counted as an overstayer?

Many thanks in advance.

Regards

[Greenie]

If you are refused after your leave expires you will have a right of appeal and will therefore not be an overstayer if you exercise your right of appeal within the deadline (10 working days from receipt of decision if you are not detained)

If your leave expires and a decision has not been made your leave is treated as continuing under section 3C.

[zishi]

I am not sure where I got this information from but I think you can also submit a fresh application within 28 days of refusal without being considered an over stayer.

[Greenie]

I am not sure where I got this information from but I think you can also submit a fresh application within 28 days of refusal without being considered an over stayer.

this is incorrect.

[mehulsanghvi]

@ Guru,

Thank you so very much for a quick and concise reply.

Regards

[zishi]

Thanks for correcting Greenie.