Over Stay Status Query

m4sunny · Post by **m4sunny** » Sun Oct 02, 2016 1:37 am

Hi,
I am on Tier - 2 General Visa since 22nd May 2012. According to that I am due for ILR via 5 years Tier - 2 in May 2017.

In Jan 2015, my first Tier - 2 application was due for extension. Due to some confusion between my employer HR department and UKBA, my visa was refused. On 11th Feb 2015, I received a refusal letter dated 09th Feb 2015 with the right of appeal.

I straight away contacted my office and arranged for the clarification and corrected documents. Our legal adviser told us to apply for fresh application rather than going for appeal. Hence I applied for a premium service over the windows and found nearest booking at 23rd Feb 2015 in Liverpool.

On my appointment day at UKBA Liverpool centre, I was told that I still have the right of appeal and also my passport is at Sheffield office. Therefore, I have to rescheduled the same appointment after 28 days of refusal. I did the same and rescheduled the appointment on the vary second day of the appeal due date.

My application was assessed on that rescheduled date and Tier - 2 was granted. However, visa was stamped on 03 Mar 2015 as there was still delay in my Passport to come from Sheffield.

Tier - 2 Visa Expiry 19 Jan 2015
Visa Application Submitted 19 Jan 2015
Application Refused 9 Feb 2015
Visa Fresh Application Appt 23 Feb 2015
Tier - 2 Visa Stamped 03 Mar 2015

Question:
The time period between 19 Jan 2015 (Visa Expiry) and 23rd Feb 2015 (Premium Window Appointment for fresh visa application) is 35 days normal days and 25 working days.
Will I be considered as OVER STAY APPLICANT for ILR in May 2017?

m4sunny · Post by **m4sunny** » Thu Oct 27, 2016 10:19 pm

m4sunny wrote:Hi,
I am on Tier - 2 General Visa since 22nd May 2012. According to that I am due for ILR via 5 years Tier - 2 in May 2017.

In Jan 2015, my first Tier - 2 application was due for extension. Due to some confusion between my employer HR department and UKBA, my visa was refused. On 11th Feb 2015, I received a refusal letter dated 09th Feb 2015 with the right of appeal.

I straight away contacted my office and arranged for the clarification and corrected documents. Our legal adviser told us to apply for fresh application rather than going for appeal. Hence I applied for a premium service over the windows and found nearest booking at 23rd Feb 2015 in Liverpool.

On my appointment day at UKBA Liverpool centre, I was told that I still have the right of appeal and also my passport is at Sheffield office. Therefore, I have to rescheduled the same appointment after 28 days of refusal. I did the same and rescheduled the appointment on the vary second day of the appeal due date.

My application was assessed on that rescheduled date and Tier - 2 was granted. However, visa was stamped on 03 Mar 2015 as there was still delay in my Passport to come from Sheffield.

Tier - 2 Visa Expiry 19 Jan 2015
Visa Application Submitted 19 Jan 2015
Application Refused 9 Feb 2015
Visa Fresh Application Appt 23 Feb 2015
Tier - 2 Visa Stamped 03 Mar 2015

Question:
The time period between 19 Jan 2015 (Visa Expiry) and 23rd Feb 2015 (Premium Window Appointment for fresh visa application) is 35 days normal days and 25 working days.
Will I be considered as OVERSTAY APPLICANT for ILR in May 2017?

vinny · Post by **vinny** » Thu Oct 27, 2016 11:48 pm

if your leave had expired when they gave you a right of appeal, then I believe your overstay period started when your right of appeal lapsed.

m4sunny · Post by **m4sunny** » Fri Oct 28, 2016 1:58 pm

Guidance – Applications from overstayers (non family routes) – version 6.0 Valid from 20 October 2014 states

In-time application refused, appeal right not exercised
The migrant had leave until 1 March 2012 and submitted an application for further leave on
26 February 2012. The application was refused on 31 July 2012, but the migrant did not
exercise their right of appeal.
In this case the migrant’s leave was extended during the period:
 their application was awaiting determination, and
 they could have brought an appeal against the refusal decision.
Therefore the migrant began overstaying on 17 August 2012, based on:
 case refused on 31 July 2012
 adding two days for deemed postal service gives 2 August 2012
 adding 10 working days while an in-time appeal could be brought gives 16 August
2012
 first day of overstaying is 17 August 2012

According to that I should be OK and not considered as an Overstayer.

I need to confirm where some one can just say the same thing for sure.

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