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Over-Stay Alert

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

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Isha78
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Over-Stay Alert

Post by Isha78 » Mon Mar 07, 2016 2:36 am

Isha on March 6, 2016 at 3:01 pm
Hi there,

i have few queries to be clear…please clear my doubts.
my visa expired – 11th oct 2011 (Applied Student visa Tier 1 on 10th Oct 2011 with out CAS letter due to IELTS results is not sufficient hence college did not admit to issue me the CAS letter. (i did the IELTS 2 times in Aug and Oct 2011 in uk – First one is not sufficient enough but second one is more than sufficient but college refused because CAS is got expired when i received the IELTS results for the second time in Nov 2011)
Student visa refused on 19th Dec 2011 under 245ZX(I) not score 30 points for CAS

my studies were over in January 2012 and award by university
Appeal applied under section 82 (1) on 29th dec 2011- got dismissed on 22nd Feb 2012 (Appeal state – i dismiss the appeal under the rules / i dismiss the appeal under article 8)

on the other hand, Fresh application made under TIER 1 on 9th Feb 2012- POST STUDY WORK before it got expired in April 2012. ( sent my received transcript, certificates and other evidences including passport in 9th Feb 2012)

after so many follow-ups my application received on 18th June 2012 stating under 3C/3D of immigration act 1971 (as amended) in the application i have stated it seems that i have an out standing appeal hence they are unable to process….
I returned to my home country on 9th July 2012. (my solicitor made arrangements for judicial review but finally withdrawn in July 2012 cuz i got to travel back to home country due to my mother’s sickness so i departed in UK within the time frame of 28 days)

Today in 2016, i am going to apply for my MBA graduation…
Is Oct 2011 – 9th July 2012 – period is considered as a Over-stayer ?

Please let me know your concerns and under what section you can defend?
Reply

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Frontier Mole
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Re: Over-Stay Alert

Post by Frontier Mole » Tue Mar 08, 2016 8:13 am

Is the sole purpose of your visit to attend a graduation?

Isha78
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Re: Over-Stay Alert

Post by Isha78 » Tue Mar 08, 2016 8:32 am

Frontier Mole wrote:Is the sole purpose of your visit to attend a graduation?

What you mean by sole purpose??

Yes that's my only purpose..cuz last time I missed my graduation in uk now I have finished my masters in my country but it's awarded by uk university...I don't have any other intention or purposes... Please any who is experts can give me few thoughts

sah10406
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Re: Over-Stay Alert

Post by sah10406 » Tue Mar 08, 2016 9:56 am

Isha78 wrote: Is Oct 2011 – 9th July 2012 – period is considered as a Over-stayer?
Yes
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

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Frontier Mole
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Re: Over-Stay Alert

Post by Frontier Mole » Tue Mar 08, 2016 10:07 am

There is a small chance you will be given a visitors visa to attend the graduation given your immigration history.
The reason to visit being the graduation ceremony for a course studied in your home country but awarded by a UK institution does not really amount to a particularly strong enough reason to grant a visa. If you were a student on a Tier 4 visa returning after the visa expiry date then it would make more sense, but that is not the case.
Your immigration history will mitigate against you and the ECO will be very risk adverse given your attempts to previously remain in the UK.

Given the timeline and information supplied in the OP you have not overstayed.
It would appear you maintened 3c/3D leave.

The issue is more about intent. Applying without a CAS and the dismissed appeals all points to a desperate attempt to remain in the UK. The ECO will consider the reason for the visit versus the known history and weigh up the need to attend graduation ( there is no real need to do so) against the likely risk of you overstaying or trying to make an in country immigration claim.
It is a credibility judgement and I don't think the outcome will be favourable.

sah10406
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Re: Over-Stay Alert

Post by sah10406 » Tue Mar 08, 2016 10:27 am

Apologies, I replied in haste. Your overstay seems to be from 22 Feb 2012 to 9 July 2012. From Oct 2011 to 22 Feb you had 3C
leave, so that was not an overstay.

In any case, I agree with the above. The brutal truth is your immigration history shows a number of baseless leave to remain applications, so your credibility as a genuine visitor will understandably be scrutinised closely.
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

Isha78
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Re: Over-Stay Alert

Post by Isha78 » Tue Mar 08, 2016 10:31 am

I have no intent to stay back in uk as I mentioned before
My studies was over in November 2011 but my visa got expired in Ovt 2011

So if I were go back to my country and come back for any referrals in my studies it would cost me high with all other rules and regulations

However, to register IELTS in uk is a big tragedy in 2011 because of new immigration law to college or universe to obtain IELTS exams in 2011/12 period . My college refused to give me a CAS letter to this strict registrictions from UKBA even though I got 6band but for one component I got 5 only. (They need 5.5 in all components )

Second time I register for IELTS in oct 2011 received 6.5 in Nove 2012 but college refused to give me the letter due expiration of Visa & CAS ( that time I finished my studies and waiting for my results)

So again PSW 2012, after so many follow up and letter from MP got my application back stating the 3C/3D section returned & refunded cuz I have stated in the application it seems I have a pending appeal application in court

So this my precarious situation at period of 2011/12. If this is consider as over stay though you applied legally...even my solicitor asked me to stay back but I returned due my mother was got sick and admitted

So please let me know under which section you can prof that your innocent and geniune

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Frontier Mole
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Re: Over-Stay Alert

Post by Frontier Mole » Tue Mar 08, 2016 10:57 am

There is no section to prove your perceived innocence. Quite the opposit in fact for your case.
You have an unfounded no CAS application and the refusal of that.
You have dismissed appeals upholding the refusal.
Nothing you can say or do at this stage will change those facts. The HO view will be that you have submitted an unfounded student application and all attempts to move that forward failed.

Bleating on about the injustice etc is wasting everyone's time. That part is decided and is not going to change. No one cares about the story because it was a worthless attempt to remain in the UK and the courts have said so.

You asked what are the chances of getting a visit visa - low to nil
You asked about overstaying - there is a variance of opinion on that one.
You are seem to fail to see that even if you did not overstay there is still such a questionable immigration history the ECO will find it easy enough to refuse you entry.

If you apply I wish you luck. Please let the forum know how you got on.

Isha78
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Re: Over-Stay Alert

Post by Isha78 » Tue Mar 08, 2016 11:40 am

You seems to be very harsh and I'm sure that people like you ho will recruit in the immigration to cancel all innocent requests....since we spend so much of pounds to earn one British degree and end of the day no work experience in uk

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Frontier Mole
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Re: Over-Stay Alert

Post by Frontier Mole » Tue Mar 08, 2016 11:48 am

Harsh but fair.... And your HO employee comment... I take that as a compliment :lol:

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CR001
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Re: Over-Stay Alert

Post by CR001 » Wed Mar 09, 2016 8:46 am

Isha78 wrote:You seems to be very harsh and I'm sure that people like you ho will recruit in the immigration to cancel all innocent requests....since we spend so much of pounds to earn one British degree and end of the day no work experience in uk
Unfortunately, we tell members the truth of how things are. We do not sugar coat advice and we also will not give or tolerate any advice on how to 'trick' HO or lie etc for visa purposes (just saying).

Also, we do not delete topics. I will however lock your topic so that no further posts can be added.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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