ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Question about overstay - Ent Ext Form

Only for UK Tier 1 (Entrepreneur) points system. This route is now closed to new applicants.

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

Locked
Gladiator21
Newbie
Posts: 46
Joined: Sat May 04, 2013 7:30 pm

Question about overstay - Ent Ext Form

Post by Gladiator21 » Sun Jan 29, 2017 12:39 am

Hi all,

I am filing my application for T1 Entrepreneur Ext and came across a question on Page 18, Question D8
'Have you ever stayed in the United Kingdom beyond the end of your period of leave?'

My initial application for Extrepreneur visa was refused and my appeal was not allowed too by First Tier Tribunal. I was given 28 days to make a fresh application which I did and succeeded.

So my question is was I over stayer during this 28 days and shall I say YES/NO to the question mentioned above? There is a space in the form to describe and provide dates of over stay if I say YES

Your help will really be appreciated to make me understand this issue.

Thanks

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 11:31 am
Location: UK

Re: Question about overstay - Ent Ext Form

Post by noajthan » Sun Jan 29, 2017 1:04 am

It appears you overstayed so: Yes.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

FSD
Newbie
Posts: 30
Joined: Wed Nov 30, 2016 11:16 am

Re: Question about overstay - Ent Ext Form

Post by FSD » Sun Jan 29, 2017 1:59 am

i think you are not over stayer as you applied within 28 days given by HO and you got your visa. Did you declared yourself as over stayer in your last successful application? if not then how you can be now over stayer. Senior members can correct me if i am wrong.

Gladiator21
Newbie
Posts: 46
Joined: Sat May 04, 2013 7:30 pm

Re: Question about overstay - Ent Ext Form

Post by Gladiator21 » Sun Jan 29, 2017 2:23 am

Thanks for replying to my queries.

Yes I have applied within 28 days after the decision by tribunal and got my visa in my second attempt after 1.5 months.

No I didn't declare over stayer in my last application because I applied within 28 days. But I'm not sure how would that period between after making my application until got my visa be considered.

cappachino
Member of Standing
Posts: 490
Joined: Mon Mar 25, 2013 9:24 pm
Location: LONDON

Re: Question about overstay - Ent Ext Form

Post by cappachino » Sun Jan 29, 2017 5:54 am

Gladiator21 wrote:Thanks for replying to my queries.

Yes I have applied within 28 days after the decision by tribunal and got my visa in my second attempt after 1.5 months.

No I didn't declare over stayer in my last application because I applied within 28 days. But I'm not sure how would that period between after making my application until got my visa be considered.
No you are not an over stayer
You were covered under section 3c.

vinny
Moderator
Posts: 32785
Joined: Tue Sep 25, 2007 7:58 pm

Re: Question about overstay - Ent Ext Form

Post by vinny » Sun Jan 29, 2017 6:25 am

noajthan wrote:It appears you overstayed so: Yes.
Agree.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 11:31 am
Location: UK

Re: Question about overstay - Ent Ext Form

Post by noajthan » Sun Jan 29, 2017 9:44 am

FSD wrote:i think you are not over stayer as you applied within 28 days given by HO and you got your visa. Did you declared yourself as over stayer in your last successful application? if not then how you can be now over stayer. Senior members can correct me if i am wrong.
This is a common misapprehension.
And getting it right is fundamental to success on any visa route.

All who believe its a No would be well-advised to take note of the helpful link Moderator vinny posted above.

Answering No in such circumstances could be interpreted as deception instead of ignorance and/or honest mistake.

The concession to overlook such an overstay does not wipe the slate clean (and there may be future consequences); its simply an example of British fair play in action.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

User avatar
zimba
Moderator
Posts: 20117
Joined: Mon Aug 11, 2014 5:13 pm
Location: UK
Mood:

Re: Question about overstay - Ent Ext Form

Post by zimba » Sun Jan 29, 2017 4:53 pm

Yes, your sectoion 3C ended when appeal was rejected. Since then you were an overstayer until visa approved again.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Locked
cron