Post
by da09aam » Sat Apr 27, 2019 1:15 pm
Hi all, I wonder if I can get some help regrading the following - Did I overstay at any point which might affect my application for neutralisation in August?
I came to the UK on a student visa 09/2007 valid until 01/09/2010. New application for extension sent on time and raised by HO on 01/09/2010 - I didn't by then have all the supporting documents from university (CAS/Acceptance letter) to enclose with the application but had to send it off so I do not stay without a valid visa.
During the time when the application was processing with the HO, I asked around (including the HO, verbally on the phone) and I was told that generally such an application will be refused without a CAS letter enclosed and that my best option is to go back home and renew my visa through and application from there. As soon as I learnt about that, I called the HO on a few occasions and requested for my documents and passport to be sent to me asap so I can leave the UK (without breaking the law) and reapply from overseas for another student visa - I was also advised by HO to do that so I don't risk breaking the law which could result in future application denial of entry of up to 10 years.
So, a few days later on 15/09/2010, I received a letter through the post with the application being INVALID, dated 10/09/2010 and then I left the UK on 17/09/2010 (2 days within the receipt of my paperwork from HO). Reading the HO letter enclosed with the invalid application NOW, I see that I had the option of resubmitting a fresh (accurate) application within 21 days but back then I didn't realise. DO I COUNT AS AN OVERSTAYER even though I left as per then HO "legal timeline for exiting the UK"?
I went overseas, reapplied once I received my CAS from uni and came back to the UK on student visa valid 31/12/2010 - 31/07/2013. In May 2013 it was apparent that a major conflict started back home so I applied for asylum and was granted in the same month (before expiry of student visa).
I received my ILR in August last year and I question if I will face any issues when applying for neutralisation in August this year?
NOTE - I requested SAR and their record states that "Applicant withdrew application and would like passport and documents sent back asap". I am not sure what happened first, their decision that my application is invalid or my request for return of my documents.
I assume that the HO wouldn't have a record of my calls back then with them and me telling them that I want to leave so I don't break the law.
Did I overstay?
I appreciate your help.
Thanks