Deportation or Voluntary Departure

[MarioAl]

Hi guys,

I need an advise on UK immigration law. I am trying to immigrate to New Zealnd and I’ve to answer on the application form if I’ve overstayed any visas or if I was removed or deported from any country.

My UK timeline:
- Tier 1 PSW was until 28/03/2013
1. Applied for Tier 1 Entrepreneur on 18/03/2013
- PSW Leave expires 28/03/2013
2. Tier 1 Entrepreneur refused on 30/05/2013
3. Decision made not to appeal and fresh application filed on 22/06/2013 (within 28 days bracket)
4. Tier 1 Entrepreneur refused on 13/08/2013
5. Voluntary departed country at my own expense 05/08/2013 (within 28 days bracket)

So my questions are:

I am leaning towards answering NO to both questions which are worded as follows:

1. been removed, deported or excluded from any
country?

Have I been removed from the UK? Or voluntary departure is not considered to be a removal/deportation?

2. Overstayed a visa in any country?

My 2nd application was after my Leave has expired , however, I assume during the time while my 2nd application was considered I was under 3C leave status?

[MarioAl]

Correction: departure date is: 05/09/2013

Additional information, I've only been served with form IS96 Temporary admission to the United Kingdom untill the date of my departure.

I also somehow managed to IS152 B which is direction and instruction to Airlines. I guess this form came to me by mistake, according to https://www.gov.uk/government/uploads/s ... sion_5.pdf it goes only to Airline, its part of administrative process.

[MarioAl]

Ok, as I understood, the 3C leave has ended when i submited a fresh application within 28 days after 1st refusal... so what status did i have during my 2nd application?

an overstayer?

So i technically overstayed my visa. However, my application was at Home Office according to the rules, as I was allowed to submit a fresh application.

Therefore, I should not be considered an overstayer as I then left within 28 days after 2nd application refusal, volunterilly with no expense on the Queen and no administrative removal/deportation order was intitated against me.

Can anyone help to clear it up please?

[riz1986]

Ok, as I understood, the 3C leave has ended when i submited a fresh application within 28 days after 1st refusal... so what status did i have during my 2nd application?

an overstayer?

So i technically overstayed my visa. However, my application was at Home Office according to the rules, as I was allowed to submit a fresh application.

Therefore, I should not be considered an overstayer as I then left within 28 days after 2nd application refusal, volunterilly with no expense on the Queen and no administrative removal/deportation order was intitated against me.

Can anyone help to clear it up please?

it all depends how New Zealand immigration system defines "overstay". In UK system upto 28 days overstay is permitted n disregarded so tehnically u can answer "NO".

wait for others input !

[geriatrix]

Disregarding 28 days of overstay, as specified under UK immigration laws, doesn't mean that there was "no" overstay at all.

[MarioAl]

Disregarding 28 days of overstay, as specified under UK immigration laws, doesn't mean that there was "no" overstay at all.

Guys, much appreciate your input.

I agree, that yes, I did overstay my visa based on the dates, however, technically i have not. As I have to judge my case based on the laws of the country where supposed overstay had taken a place, i.e. United Kingdom, and from the UK immigration law point of view i did not overstay and i am not considered to be an immigration offender.

Thus, I did not break UK immigration law and my stay was authorised, intiailly by 3C leave and when refused 2nd time by IS96 (self-check in) which clearlly states: temporary admission to the United Kingdom until DATE

Moreover, I've contacted immigration solicitor today and called the guys in Plymouth Local UKBA office who managed my docs after refusal. According to both of them, I've not been removed nor deported, I've voluntarily departed and the minute confirming this has been made, and I am not considered overstayer as I've left within 28 days. Solicitor has advised to attach a cover letter to explain this with application.