Clarification on 28 day overstayer rule

[naija99]

Please can gurus clarify the 28 day overstayer rule:

1. Does it apply to family route applications, i.e. spouse visa applications?
2. Does it apply to those who were granted souse visa initially under the old rules?
3. When calculating the 28 days, do you start counting from the day your application for permission to appeal to UT was refused or does it only start from expiry of a valid visa
4. If you applied for an extension 29 days after appeal rights exhausted would the application be automatically refused based on being an overstayer or would they look at the substantive application merits first
5. What are the implications of overstaying apart from no appeal rights, no permission to work?

Clarification on the above would be greatly appreciated.

[MPH80]

Want to provide some context?

You seem to have so many friends with so many different immigration issues!

[naija99]

Yes thanks
A two year spouse visa under the old rules was granted to my friend but ILR was refused on basis of marriage not subsisting.
Appeal was dismissed and appeal to UT refused. He submitted application for extension of FLRM but told it was made in 29 days instead of 28 days and its been refused.

Hence the reason for the five questions for clarification.

Thanks

[naija99]

Is anyone able to assist in clarification on the 28 day overstayer rule, Gurus?

[vinny]

1. Doesn't apply to 287 (SET(M)) under the transitional provisions, old rules.

2. However, failing 284(iv), FLR(M) may lead to refusal.

3.

'Overstayed' or 'Overstaying' means the applicant has stayed in the UK beyond the latest of:

(i) the time limit attached to the last period of leave granted, or
(ii) beyond the period that his leave was extended under sections 3C or 3D of the Immigration Act 1971, or
(iii) the date that an applicant receives the notice of invalidity declaring that an application for leave to remain is not a valid application, provided the application was submitted before the time limit attached to the last period of leave expired.

4. See 2.

Your friend's FLR(M) application would have failed anyway, if he couldn't show subsisting marriage (284(vi)).

[Amber]

When you say failed due to marriage not subsisting, do you mean they didn't have 2 years cohabitation proof or that they'd separated or something else?

[naija99]

Sorry Amber just saw this... The issues they failed to prove we're subsisting marriage and intention to live together. Not enough proof of cohabitation and sponsor didn't attend the settlement checking appointment.

[naija99]

1. Doesn't apply to 287 (SET(M)) under the transitional provisions, old rules.

2. However, failing 284(iv), FLR(M) may lead to refusal.

3.

'Overstayed' or 'Overstaying' means the applicant has stayed in the UK beyond the latest of:

(i) the time limit attached to the last period of leave granted, or
(ii) beyond the period that his leave was extended under sections 3C or 3D of the Immigration Act 1971, or
(iii) the date that an applicant receives the notice of invalidity declaring that an application for leave to remain is not a valid application, provided the application was submitted before the time limit attached to the last period of leave expired.

4. See 2.

Your friend's FLR(M) application would have failed anyway, if he couldn't show subsisting marriage (284(vi)).

Many thanks vinny
So would he be able to resubmit a SETM under the old rules with new evidence, despite it being refused before