Overstay or not??

[imprezasti]

Hi all,


Upon trying to get my IGS visa a few years ago I did something that will undoubtedly amuse all of you- I missed a box in the application where you declare that you have not participated in war crimes & terrorism etc etc..

Needless to say, this is about the stupidest error one can make, but, of course, by the time the application was returned to me as invalid, my then current visa had already expired!

The accompanying letter vagely stated that I could re-submit it, which is exactly what I did. A few weeks later I had my new visa in my passport.

Now the question is, do I say I have overstayed my visa then or do I just answer NO and explain the rest in the covering letter?

What do you think?

Thanks,

[geriatrix]

do I say I have overstayed my visa then

Yes. From the day your leave expired to the day the new leave was issued.

[imprezasti]

Thanks for the reply!

However, dare i comment further that potentially the fact that i was eventually granted a visa was the proof of this "2-stage" application being regarded by HO as 1 continuous application. I used the same application ref number when re-submitting. Would that therefore imply that it was under continous consideration and therefore conditions of the prev. visa would apply?

P.S. Since then i already got my T1G and i answered NO to the overstay q-n....

What are your thoughts, Sushdmehta & and others..?

I reckon had it been classed as "overstay" then, I would be now marvelling at the beautiful scenary of my home country!

[geriatrix]

1. Did you have to pay (again) for the second application?
2. When did your leave expire?
3. When did you submit the second application?

[imprezasti]

1. I did fill in the payment section & they did indeed help themselves to my hard earned pounds but they then kindly refunded me one of them (after a prompt of mine)...

2. Leave expired on 31st of Jan.

3. Rejection received on the 7th of Feb & resubmitted on the 14-15th (cant remember). Got visa in my dear passport 3 weeks later.

I know this is far from straight forward, but do you think i can say "NO" to the overstay question & explain the rest in a covering letter...? Just feeling a lttle frightened saying YES to that as the dialog might then turn a little ugly... Any thoughts welcomed!

[geriatrix]

IMHO, you were an overstayer between 01-Feb and the day you were granted leave again.

Which year was this?

Assuming current directions (and laws, to some extent) applied at that time, then:
1. Your out-of-time application was considered for assessment because it was submitted within 28 days of being refused. But that doesn't essentially mean that your stay during the period (as mentioned above) was legal.
2. Out-of-time applications are not covered by section 3C (by virtue of which conditions of leave are deemed extant even if the leave expires while an-time and valid application is under consideration). Had you been refused then, you wouldn't been given the right to appeal.