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Applying for New Tier 4 Visa after Overstaying?

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

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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Rafastaa
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Joined: Thu Jun 16, 2016 12:33 pm

Applying for New Tier 4 Visa after Overstaying?

Post by Rafastaa » Thu Jun 16, 2016 12:54 pm

Hi,

I am currently on a short term Student visa (6 months). It is due to expire Mid July.
I want to apply for a Tier 4 Student visa in August and I know I have to do that in my home country to do so.

However due to some personal reasons I am unable to leave the UK until late July (roughly 2 weeks after my visa expires).

My question is will this affect my application when I come to apply for a new Tier 4 Student Visa in August?

Also I've been in the UK almost 7 years now - would overstaying by 2 weeks affect my chances of getting an ILR if I were to apply in the future?

Any advice would be greatly appreciated.

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Frontier Mole
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Joined: Mon May 05, 2008 11:03 pm

Re: Applying for New Tier 4 Visa after Overstaying?

Post by Frontier Mole » Fri Jun 17, 2016 7:02 am

Overstaying is overstaying, there is a 28 day grace period but it does not grant immunity from the consequences of overstaying nor does it matter how long you have been in the country legally.

Is it likely to stop you getting a Tier 4 CAS, I doubt it unless the University is particularly eagle eyed with your passport.

Is it likely to have an impact on the visa application, it will make it tougher for you to get through the process but it is not an out and out refusal solely on that basis. But be prepared for a hard time at interview.

sah10406
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Posts: 3602
Joined: Sun Apr 20, 2008 10:09 am

Re: Applying for New Tier 4 Visa after Overstaying?

Post by sah10406 » Fri Jun 17, 2016 9:18 am

Rafastaa wrote:My question is will this affect my application when I come to apply for a new Tier 4 Student Visa in August?
Not under the basic Tier 4 eligibility or the General Grounds for Refusing, but possibly under Credibility.
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

kera
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Posts: 9
Joined: Fri Mar 17, 2017 1:28 pm

Re: Applying for New Tier 4 Visa after Overstaying?

Post by kera » Sat Apr 08, 2017 11:29 am

As I understand, to get ILR you can have gaps living outide UK of up to 6 months BUT need to have a valid leave to remain/enter
If you overstayed you have no valid leave to remain

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Casa
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Joined: Wed Jul 23, 2008 2:32 pm

Re: Applying for New Tier 4 Visa after Overstaying?

Post by Casa » Sat Apr 08, 2017 12:14 pm

kera wrote:As I understand, to get ILR you can have gaps living outide UK of up to 6 months BUT need to have a valid leave to remain/enter
If you overstayed you have no valid leave to remain
Please desist from digging up old threads. This one is almost 1 year old! :!:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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