Student Visa Overstay Question

[yusufjee]

Hello Everyone. My first post here. I have an important query and hope someone might be able to help.

I have studied in England for 6 years from 2000 to 2006 doing my Bsc and MA respectively. I stayed 3 months over my visa expiration, it had expired on 30th November 2005 and i left UK on 16th March 2006. The reason i over stayed was because i wanted to pursue another degree in UK and therefore sent my passport to Home Office for visa renewal at the end of november. I didnt have any sort of admission letter at that time so i made a note in my visa application form that i will send the admission form seperately once i receive it (they allow documents to be sent later)

Unfortunately i didnt get admission because i applied too late and the admission date for February take in had already passed (i applied at University of East London), i therefore withdrew my application and received it back at or around 15th January. But they didnt return my Visa fees until 16 March. I stayed for couple of more months because i had things to take care of. My degrees, transcripts, bank accounts. It took me some time, if you live somewhere for 6 years its virtually your home. My overstay was totally unintentional and i left as soon as all the things were taken care of. The immigration officers did interview me at the airport when i was leaving and agreed with my side of story and let me go without finger printing (they were finger printing people who stayed for much longer periods).

I applied for student visa again last month and was refused on the grounds that i over stayed on my last leave to remain (paragraph 320(11). I am currently in Pakistan and Pakistani citizen. My question is that do i have grounds for appeal because in the reasoning they said "you haven't provided any proof of why you overstayed" (they have sent appeal forms), i heard from somewhere that the home office might issue some sort of clearance letter and i have already emailed them, haven't heard back yet. Secondly does it reflect bad on my passport, does that mean i will never be able to return to UK even as a visitor. I mean come on that would really suck. Can someone help out with this issue, i dont seem to find any sort of info on this.

Thanks much.

[Jeff Albright]

There have been already a number of posts regarding this issue on the forum.
Because you overstayed previously in the UK and as you say above, you have not provided any explanation. it will be very difficult for you now to fulfil the returnability criteria, i.e. to satisfy an ECO that you would return at the end of your visa term. Hence, your chances of getting another student visa are very slim indeed.

Suggest you find an employer and apply for WP or try HSMP.

Para 320(11) was probably not the main reason for refusal and it was probably "appended" to other reasons. You can post your full refusal notice here so we will be able to comment on it.

[yusufjee]

Here is the refusal Note.

"You have previously been issued a UK visa and have studied in the UK. You last held a UK residents permit as a student valid from 23/06/05 to 30/11/2005. Records indicate and your passport confirm that you left UK on 16/03/2007, three and a half months after your visa had expired. You have not made any mention of this in your application nor provided any explanation for remaining in the UK beyond the conditions imposed on you. From the documents submitted i conclude that you finished studying on 30/09/2005 yet remained in the UK a further six and half months, beyond the limits of your conditions. You have provided no evidence as to what you were doing in the UK for this period of time and no explanation for overstaying your visa. In light of all of the above, i am not satisfied that you previously compiled with your conditions of leave and am therefore not satisfied that you intend to comply with any conditions imposed on you. 321 (11)"

The next refusal in on my father's bank statement 57 (vii). He is retired from his job now and since he use to work in Dubai for telephone company they usually give you one time financial package instead of pension. So the refusal says "I am not satisfied that your sponsors situation is as claimed without any evidence of source of these funds ( i provided the evidence they chose to obviously ignore it)" but 57 are appeal able. The above i believe is not.

Any more suggestions now or should i wait to apply for HSMP?

[Jeff Albright]

Any more suggestions now or should i wait to apply for HSMP?

Only one obvious suggestion - try yourself under the HSMP and see if you score 75 points at least.

[yusufjee]

Thanks a bunch jeff.