Some help plz. How to calculate the 'gap/overstaying' days?

[lizhao12345]

Lets make a example scenario:

Application sent/made 20 days after previous visa expired

HO received the application 23 days after previous visa expired

HO granted new visa to this person 100 days after previous visa expired.

So in this scenario how long the gap should be? is it 100 days or 20days?

Plz help me, thank you!

[Manka10]

AFAIK out of time applications are not covered by 3C, so effectively you had no LTR in UK for 100 days

[lizhao12345]

AFAIK out of time applications are not covered by 3C, so effectively you had no LTR in UK for 100 days

well lets see this example that UKBA LR guide used:

Example 1

An applicant has a single gap in their lawful residence due to submitting an application seventeen days out of time. All other applications have been submitted in time, throughout the 10 years period.

Question
Would you grant the application in this case?

Answer
Grant the application as the rules allow for a period of overstaying of 28 days or less.


So dose it mean the person in this example managed to 'submit' his application and got granted on the 17th day after his previous visa expired?

How do we explain 'submitted' then?


Lets say i sent out my application 27 days after my visa expired, do i have the same situation as the guy in that example?

[Manka10]

you asked about the gap which is different than overstaying, you are an overstayer until you submit your application to UKBA

[lizhao12345]

you asked about the gap which is different than overstaying, you are an overstayer until you submit your application to UKBA

ahh i c, thnx for your answer!

So if i got only 27 days overstaying period (application 'sent' 27 days after my visa expired. sent not granted), under the new rule, do i have a chance to be granted for LR ?

[geriatrix]

Answered