Slightly worried about my future Tier 4 application

Hi everybody,

I have a question regarding whether I need to consult with anyone regarding my Tier 4 visa application for a Masters program I want to pursue in the future. My circumstance is slightly different from the norm. I did my undergrad at Imperial from 2013 to 2016 and was sponsored by an employer (via Tier 2 General) from 2016 to 2018 till I had to quit my job in August 2018 due to personal circumstances. Therefore, my visa was curtailed but I did not know when I received the curtailment letter as I did not update my address. I tried calling Home Office but they weren't helpful in providing me with the info I need and the date I needed to leave the UK by because they said they don't deal with specific cases. There may have been another number I could have dialled in but it is what it is.

I did my own calculations and left the UK on my own accord to travel around Europe around the 19th of December 2018, thinking that it was before my visa was curtailed. I thought I was safe. However, I came back in earlier January 2019 (knowing I would be able to since I'm Malaysian and I could come back as a visitor without a visa) and was stopped by a Border Patrol officer and she told me (if memory served me correctly) that I had overstayed by 2 days. I explained to her my circumstance and they luckily she let me in on the condition I proved to her that I already had a flight booked to go home. FYI, the reason I came back again was to collect my luggage to eventually go home to Malaysia. At that time, I already knew I wanted to possibly do a Masters degree in the UK in the future. I even asked her if it would be a problem if they have on record that I've overstayed a bit and she said it's all fine and I would be allowed back in without any problem.

Fast forward to almost year later, on the 24th December 2019, I flew to London for holiday and was stopped by a rather rude Border Patrol officer and she asked me about my previous visa curtailment and she straight up treated me like I was a criminal and threatened to bar me from entering the UK. She told me without researching further that I had overstayed for 2/3 months! I was shocked and visibly upset. I told her that when I was at the Border Patrol earlier in January, the officer told me that I only overstayed for 2 days and she told me that I wouldn't face any problems coming back to the UK. She was incredibly rude by telling me off and saying "How should I know what she has told you? It doesn't matter". I wanted to cry at that point.

She clearly saw me about to break down and went to the back-room to do further investigation on my old, curtailed Tier 2 visa and by the time she came back, I was already crying (sorry, I'm emotional). She told me that I didn't in fact overstay long and I should be allowed to enter. She actually stamped the maximum 6 month visitor's visa on my passport, which was good to see. She told me that my offence wasn't something to worry about but she did warn me that I would probably be stopped and questioned at the border during future visits to the UK. She advised me to only say that my visa has been curtailed every time I'm questioned by the officers. Moreover, she told me she made an application to remove this ugly record of me overstaying for a few days from the system. I think she really felt sorry for me for crying like a baby lol.

Anyways, ever since that day, I'm a little confused on what my record is with UK immigration right now. And as I've mentioned before, I want to do a Masters in the UK in a year or 2 from now. So, when I make my future Tier 4 application, what do I actually need to declare? Do I say that I've overstayed for a couple of days or do I just follow what that officer told me and only declare that my previous Tier 2 visa was curtailed? Also, is there a chance that my future Tier 4 application would be rejected because of this issue even after declaring this? I personally don't think so because I've been allowed in the UK twice already even after the officers knew of my mistake. I don't even know if I should declare anything since the officer told me she applied to remove this from my record. So, who can I actually contact so that I can know for sure what I need to do with regards to this? Like the British Embassy in Malaysia? Do I need to bother? I'm so confused.

Thanks so much for reading this long query.
Teng

If that application to remove an overstay record was made and it will be successful, you shouldn't get questioned at the border anymore. But you will still need to declare it in further visa applications if asked specifically.

kumitrue wrote: ↑

Tue Jan 14, 2020 11:02 pm

If that application to remove an overstay record was made and it will be successful, you shouldn't get questioned at the border anymore. But you will still need to declare it in further visa applications if asked specifically.

Thanks for your reply. So I guess I shouldn't worry about my application, as long as I am honest. Would you recommend I mention in my application that they have applied for removal of my overstay record, if I don't find out by then.

istanlizzie wrote: ↑

Wed Jan 15, 2020 11:18 am

kumitrue wrote: ↑

Tue Jan 14, 2020 11:02 pm

If that application to remove an overstay record was made and it will be successful, you shouldn't get questioned at the border anymore. But you will still need to declare it in further visa applications if asked specifically.

Thanks for your reply. So I guess I shouldn't worry about my application, as long as I am honest. Would you recommend I mention in my application that they have applied for removal of my overstay record, if I don't find out by then.

I am not sure but I believe this request by a border officer has been made to the Home Office. So they should see it in your file. This means, no need to mention - this thing relates to border control rather than your status in general though this information is restricted.

Thank you very much. I shouldn't be worried then.

kumitrue wrote: ↑

Wed Jan 15, 2020 10:05 pm

istanlizzie wrote: ↑

Wed Jan 15, 2020 11:18 am

kumitrue wrote: ↑

Tue Jan 14, 2020 11:02 pm

If that application to remove an overstay record was made and it will be successful, you shouldn't get questioned at the border anymore. But you will still need to declare it in further visa applications if asked specifically.

Thanks for your reply. So I guess I shouldn't worry about my application, as long as I am honest. Would you recommend I mention in my application that they have applied for removal of my overstay record, if I don't find out by then.

I am not sure but I believe this request by a border officer has been made to the Home Office. So they should see it in your file. This means, no need to mention - this thing relates to border control rather than your status in general though this information is restricted.

Thank you! I shouldn't be worried then.