Tier-1 Renewal & 5 year ago (9 Day) Overstay Issue.

[Zeon14]

I currently am in the UK on a Tier1 Visa. I have my renewal scheduled in a weeks time.
My Problem dates back to 2006/2007 when I came in to the UK the first time on a Work permit from a company.
I was assgined entry and exit dates by my company which eventually i realised later that I left UK
9 days later than the leave to remain on my Visa.

In 2009 I got my Tier 1 without any problems. At that time the form just had questions about your entry dates to UK previously and your exit dates. It never had a question sepcifically about "Did you ever breach UK Immigration Laws.".

The issue is that now in the Renewal forms there is this specific question. I am not sure what do I write in it - as the matter of overstay was over 5 years ago.

Please advice.

[tier1HS]

I currently am in the UK on a Tier1 Visa. I have my renewal scheduled in a weeks time.
My Problem dates back to 2006/2007 when I came in to the UK the first time on a Work permit from a company.
I was assgined entry and exit dates by my company which eventually i realised later that I left UK
9 days later than the leave to remain on my Visa.

In 2009 I got my Tier 1 without any problems. At that time the form just had questions about your entry dates to UK previously and your exit dates. It never had a question sepcifically about "Did you ever breach UK Immigration Laws.".

The issue is that now in the Renewal forms there is this specific question. I am not sure what do I write in it - as the matter of overstay was over 5 years ago.

Please advice.

I will suggest you disclose it and ,if possible, provide documentation to substantiate your case. For e.g., if you had a deputation letter from your employer on which the dates are stated, provide that with your application.

[Zeon14]

I currently am in the UK on a Tier1 Visa. I have my renewal scheduled in a weeks time.
My Problem dates back to 2006/2007 when I came in to the UK the first time on a Work permit from a company.
I was assgined entry and exit dates by my company which eventually i realised later that I left UK
9 days later than the leave to remain on my Visa.

In 2009 I got my Tier 1 without any problems. At that time the form just had questions about your entry dates to UK previously and your exit dates. It never had a question sepcifically about "Did you ever breach UK Immigration Laws.".

The issue is that now in the Renewal forms there is this specific question. I am not sure what do I write in it - as the matter of overstay was over 5 years ago.

Please advice.

I will suggest you disclose it and ,if possible, provide documentation to substantiate your case. For e.g., if you had a deputation letter from your employer on which the dates are stated, provide that with your application.

There wasn't a document that mentioned the dates. Its just that the letter said its a 6 months assignment. the travel department allocated the tickets to me. So - I wouldn't have a clear documentation to support it.
Its just that I always thought companies are always cautious about these things and never thought i would be in trouble because of them.
If I got a Tier 1 visa on first instance could it mean that my 9 day stay had been ignored - as i was earlier on a company visa?

[silent_warrior]

You might want to read this link , which states 'Overstaying' means the applicant has overstayed their leave to enter / remain, not just stayed longer than they said they would. The rule requires that the applicant has overstayed for more than 28 days (or for any period if, after overstaying, he went home at public expense including AVR or similar programme).
Based on that the general grounds of refusal would be this flowchart
Based on these your overstay was not ignored, but not accounted for.
Coming back to your initial question, you would need to mention this in your application form, as though unknowingly, you have breached UK immigration rules. But based on these(7B), i think you should be alright even if you mention it.

[Zeon14]

You might want to read this link , which states 'Overstaying' means the applicant has overstayed their leave to enter / remain, not just stayed longer than they said they would. The rule requires that the applicant has overstayed for more than 28 days (or for any period if, after overstaying, he went home at public expense including AVR or similar programme).
Based on that the general grounds of refusal would be this flowchart
Based on these your overstay was not ignored, but not accounted for.
Coming back to your initial question, you would need to mention this in your application form, as though unknowingly, you have breached UK immigration rules. But based on these(7B), i think you should be alright even if you mention it.

Thank you silent_warrior. This was quite informative. Many Thanks again.