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overstay? impact?

Only for UK Student Visas, formerly known as Tier 4 (General) student visa

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ow33
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Posts: 31
Joined: Tue Mar 11, 2014 5:00 pm
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overstay? impact?

Post by ow33 » Thu Feb 26, 2015 3:23 pm

Hi,
recently I heard something about the overstay scenario.. please if someone can shed some light on this?

I applied for extension of tier 4 student visa in march 2014. In June 2014 my college was suspended and was terminated in December. I received a letter from ukba regarding getting a new CAS letter within 60 days or to withdraw the application.

I'm looking to withdraw the application as I'm still under the 60 days time frame.. but I've heard that if I withdraw my application now, the whole 1 years from march 2014 - march 2015 will be considered as Over Stay!

I'm looking to apply for tier 1 entrepreneur visa (200K route) as I've already transferred my funds here in UK (Barclay PLC) as well as I have all the documentations ready for the visa. All I have to do is to go back home and apply for it..
but overstay would mean less chances of getting the visa in first attempt? or will it ban me to apply for a certain period?

can anyone suggest me what should be my course of action here?

p.s I came to UK in December 2010

riz1986
Member
Posts: 249
Joined: Wed Nov 18, 2009 9:45 pm
Location: Loughborough

Re: overstay? impact?

Post by riz1986 » Fri Feb 27, 2015 1:18 am

don't withdraw application.......let them refuse it so ur whole one yr will be covered by section 3c making ur stay legitmate.u can go back home after that n apply for new visa etc,

Greenie
Respected Guru
Posts: 7374
Joined: Thu Aug 21, 2008 8:45 pm

Re: overstay? impact?

Post by Greenie » Fri Feb 27, 2015 8:20 am

Did you make your tier 4 application before your leave expired? If so (presuming it has expired now) if you withdraw your Application you will only be treated as an overstayer from the date the application is withdrawn.

ow33
Newbie
Posts: 31
Joined: Tue Mar 11, 2014 5:00 pm
Mood:

Re: overstay? impact?

Post by ow33 » Tue Mar 03, 2015 10:25 am

Yeah i understand that my time will be considered as overstay but will that effect my new application of tier 1 entreprenuer (200k route)?

i mean if i get a refusal, it will get difficult to satisfy the IO in the interview.. but what about overstay? will that be difficult as well? i mean its not my fault my college got suspended... and now no colg or uni is giving admissions to anyone going thru with the problem like mine. so how am i suppose to score a new CAS?

and getting a rejection puts a big question mark on the whole thing..

what do you think?

riz1986
Member
Posts: 249
Joined: Wed Nov 18, 2009 9:45 pm
Location: Loughborough

Re: overstay? impact?

Post by riz1986 » Tue Mar 03, 2015 1:52 pm

u r missing da whole point.u can overstay up to 28 days n it won't affect anything if u applying inside UK.
If u withdraw ur application n go back home n apply again u could get a visa if u can satisfy tier 1 requirements.

aaliya1986
Member of Standing
Posts: 259
Joined: Sun Apr 07, 2013 3:57 pm

Re: overstay? impact?

Post by aaliya1986 » Wed Mar 04, 2015 2:32 pm

to me your whole scenario and situation is questionable.

things which the entry clearance or the case worker will note is.

1. you were sponsored by a college, which now has closed. which means that there were problems with the college at which you planned to study.
2. once you got 60 days letter, you got £200k transferred in your account

there could be many questions asked to you from the home office. for example if you had £200k before than why did you go and get admission at a college and why not university? and why suddenly changed the plan to become an Entrepreneur. what is your business plan and etc.

and never think about withdrawing your application as you will become and over-stayer from the day your previous leave expired.

go back and try to apply from back home. and keep us updated.

good luck

ow33
Newbie
Posts: 31
Joined: Tue Mar 11, 2014 5:00 pm
Mood:

Re: overstay? impact?

Post by ow33 » Fri Mar 20, 2015 2:09 pm

I think you understood the whole scenario differently then what I was suppose to clear here.

1. the college I was sponsored by was terminated when majority of all the colleges were terminated..and while they were suspended i completed my qualification from another college using alternate study route..(where they don't give you CAS letter but allow you to enrol and complete your diploma).
2. Funds are being transferred to my account now (after 1 year of my actual application and after completion of my diplomas i was doing alternatively).
3. I've already worked out a business plan and want to switch to t1 because i've already completed my diplomas which will help me establish the business im planning to start.


you are saying not to withdraw my application as it will be counted as over-stay.
but without withdrawing my application i wont be able to go back home as they have my passport with them.
and without going back home.. i can not switch to tier 1 from here as new application is to be submitted for that and from back home as well (can't be done from here).

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