PLEASE HELP ME

[snapbikash]

My wife was in tier 4 Student Visa and her Tier 4 General Student Visa Expire on 31st May 2013. Before 31st May 2013 She Applied for extension under Discretionary Leave . And after whole 2 month The result came Rejection. and given to appeal. Now i want to know that her ticket is already booked for 16th of August which was made before decision made, her intend is to go back and apply for my dependent, so i want to know when should she leave UK Does she must leave UK before 16th August 2013 or can leave on 16th August 2013. If she leaves UK on 16th August 2013 not appealing will that period considered as Over stayer. please let me know. Her Appeal Deadline is By 22nd August 2013, so any advice if she want to come back here in uk and apply dependent will there be problem .

Thank you

[Obie]

Has she exercised her right of appeal.

She continue to have a section 3D rights if she has exercised her right of appeal which is in-country. In those circumstances she is not overstaying and Section 78 prevent removal.

[snapbikash]

Has she exercised her right of appeal.

She continue to have a section 3D rights if she has exercised her right of appeal which is in-country. In those circumstances she is not overstaying and Section 78 prevent removal.

So which means she need to appeal then her stay can be legal .. until 22 august 2013 though she is intend to leave on 16th august 2013 so any option leaving on 16th august 2013 without appeal can still be considered legal stay.

Thank you