urgent ...overstay

How long can a person overstay? Does that 90 days count after appeal dismiss or application void date?
Thank u

Unfortunately, they appear to be technically correct. Moreover, they may now take the view that you have overstayed from when Section 3C lapsed.

vinny wrote:Unfortunately, they appear to be technically correct. Moreover, they may now take the view that you have overstayed from when Section 3C lapsed.

Thanks vinny
so what can be the next step?

Difficult. They may take the view that you have overstayed beyond 28 days. This prevents you from making an in-country application. If you have overstayed beyond 90 days, then you may be banned from making an out-of-country application for at least a year.

Were you given a right of appeal to the UT?

How many days after your appeal was dismissed did you make an application?

Perhaps Obie or Greenie can make further comments?

vinny wrote:Difficult. They may take the view that you have overstayed beyond 28 days. This prevents you from making an in-country application. If you have overstayed beyond 90 days, then you may be banned from making an out-of-country application for at least a year.

Were you given a right of appeal to the UT?

How many days after your appeal was dismissed did you make an application?

Perhaps Obie or Greenie can make further comments?

if made fresh application from outside uk within 90days is it guarantee for visa?

No. There are no guarantees. It just means that you shouldn't be automatically refused under 320(7B).

vinny wrote:No. There are no guarantees. It just means that you shouldn't be automatically refused under 320(7B).

Thanks again
what if made fresh application after 28 days inside uk? Will they consider that more than 28 days overstay is becuse the application after appeal was with ukvi?

@ Kaji, if you submitted your fresh application about 10days after appeal was dismissed, then your application should have been valid as you have 28days after appeal is dismissed to submit a fresh application.

Can you state the date when appeal was dismissed and the date you submitted your fresh application as it seems caseworker might have made a mistake in calculating the days in between appeal dismissal and your fresh application.

Olasunkanmi wrote:@ Kaji, if you submitted your fresh application about 10days after appeal was dismissed, then your application should have been valid as you have 28days after appeal is dismissed to submit a fresh application.

Can you state the date when appeal was dismissed and the date you submitted your fresh application as it seems caseworker might have made a mistake in calculating the days in between appeal dismissal and your fresh application.

The application was void because he submitted of when he was within the 10 days to submit an application for permission to appeal. I am not sure how section 3c leave is treated in this scenario- ie whether it is treated ending when the appeal right lapsed or whether it is treated like an invalid application and the section 3c leave ends on the date the applicant receives notification that the application is void. I would suspect the former because the modernised guidance on specified application forms and procedures makes a clear distinction between invalid applications and void applications.

Op does your tier 4 sponsor have a premium license manager? If so you could consult the advisor there and ask for them to contct their license manager to check on your immigration status and ask the date from which you will be treated as overstaying

Greenie wrote:

Olasunkanmi wrote:@ Kaji, if you submitted your fresh application about 10days after appeal was dismissed, then your application should have been valid as you have 28days after appeal is dismissed to submit a fresh application.

Can you state the date when appeal was dismissed and the date you submitted your fresh application as it seems caseworker might have made a mistake in calculating the days in between appeal dismissal and your fresh application.

The application was void because he submitted of when he was within the 10 days to submit an application for permission to appeal. I am not sure how section 3c leave is treated in this scenario- ie whether it is treated ending when the appeal right lapsed or whether it is treated like an invalid application and the section 3c leave ends on the date the applicant receives notification that the application is void. I would suspect the former because the modernised guidance on specified application forms and procedures makes a clear distinction between invalid applications and void applications.

Op does your tier 4 sponsor have a premium license manager? If so you could consult the advisor there and ask for them to contct their license manager to check on your immigration status and ask the date from which you will be treated as overstaying

PLEASE TELL ME FROM WHICH DATE PERSON will be overstay. Does it count after appeal dismiss?

Why have you edited your first post?

Greenie wrote:Why have you edited your first post?

sorry, i used mobile to put reply but unfortunately it happened by mistake.
So sorry.

Please let me know
1. since it has been more than 40 days of fresh application and got decision of ukva as void. Will you suggest me to apply fresh application inside country or outside country?

Your edited first post now contains less information than before. The previous details of your circumstances may be important. However, if you erase some information, then don't expect people to remember them.