Overstayer... Please help!!!

Hi, i am from S.Korea and I am studying in Birmingham Uni, 1st year.
I made stupid mistakes on my previous application.

I finished my foundation degree(2008). My visa has expired on the 30th of Nov. I applied for a visa extension and they sent my application back since i didnt fill in one of the mandatory sections in the form. I didnt need to make 'fresh application' but i just corrected my mistakes on the form and sent it back. I asked the case worker because by the time the case worker gets my application, my bank statement would have been out-of-date. He answered that I dont need to renew any documents but just to send the original document back.... That was on 11th of January. After that, I did biometrics and I was almost sure that I would get my visa back successfully.


On 3rd of May, I again got a refusal letter saying that my visa has refused because of out-of-date bank statement and they didnt give my passport back. I have no right to make an appeal (don't know why but...)
I went to school and the immigration helper answered that I can reapply under student batch scheme(which i havent heard of before)... But everybody's telling me I have to go back to my country. Some say i should not go back because I will be banned coming from this country for 1 year and it will damange my studies.

I am about to make a new fresh application on the 12th of April, but I still have doubts if i can make it or not.... ..Should i admit that im an illegal immigrant now just because of that stupid mistake?

do you think i will be able to get my visa safely?


Please help.

....................

sxl833 wrote:Hi, i am from S.Korea and I am studying in Birmingham Uni, 1st year.
I made stupid mistakes on my previous application.

I finished my foundation degree(2008). My visa has expired on the 30th of Nov. I applied for a visa extension and they sent my application back since i didnt fill in one of the mandatory sections in the form. I didnt need to make 'fresh application' but i just corrected my mistakes on the form and sent it back. I asked the case worker because by the time the case worker gets my application, my bank statement would have been out-of-date. He answered that I dont need to renew any documents but just to send the original document back.... That was on 11th of January. After that, I did biometrics and I was almost sure that I would get my visa back successfully.


On 3rd of May, I again got a refusal letter saying that my visa has refused because of out-of-date bank statement and they didnt give my passport back. I have no right to make an appeal (don't know why but...)
I went to school and the immigration helper answered that I can reapply under student batch scheme(which i havent heard of before)... But everybody's telling me I have to go back to my country. Some say i should not go back because I will be banned coming from this country for 1 year and it will damange my studies.

I am about to make a new fresh application on the 12th of April, but I still have doubts if i can make it or not.... ..Should i admit that im an illegal immigrant now just because of that stupid mistake?

do you think i will be able to get my visa safely?


Please help.

In short, yes, you need to go back.

You do not have the right of appeal or admin review because your 2nd application was treated as a new application and I presume you submitted that application when you did not have a valid leave to remain, had you been refused on your FIRST application, you would have been given right of appleal as you made the application when you had a valid leave to remain.

My friend was in the EXACTLY the same situation as you. Basically, they keep your passport until you are actually returning home. You will not banned as you did not like try to trick UKBA and so on. It was just a mistake.

Just call the help line that you got on your letter when you are ready to go home and they will prepare arrangements to return your passport. Normally this is done in the airport as you are about to board the plane. Maybe they have another alternative.

Anyway, I don't think you can apply here anymore because you don't actually have a passport and as you are an illegal immigrant.

My friend went home and applied there and got a new visa without problems. It's much faster to get a student visa back home anyway.

Oh and by the way, if you had planned on applying in the 10 year Long Residency Indefinite Leave to Remain, your "Continuous Residence" has now been broken and you will need to start again.

Hope this helps

joh118 wrote:

sxl833 wrote:Hi, i am from S.Korea and I am studying in Birmingham Uni, 1st year.
I made stupid mistakes on my previous application.

I finished my foundation degree(2008). My visa has expired on the 30th of Nov. I applied for a visa extension and they sent my application back since i didnt fill in one of the mandatory sections in the form. I didnt need to make 'fresh application' but i just corrected my mistakes on the form and sent it back. I asked the case worker because by the time the case worker gets my application, my bank statement would have been out-of-date. He answered that I dont need to renew any documents but just to send the original document back.... That was on 11th of January. After that, I did biometrics and I was almost sure that I would get my visa back successfully.


On 3rd of May, I again got a refusal letter saying that my visa has refused because of out-of-date bank statement and they didnt give my passport back. I have no right to make an appeal (don't know why but...)
I went to school and the immigration helper answered that I can reapply under student batch scheme(which i havent heard of before)... But everybody's telling me I have to go back to my country. Some say i should not go back because I will be banned coming from this country for 1 year and it will damange my studies.

I am about to make a new fresh application on the 12th of April, but I still have doubts if i can make it or not.... ..Should i admit that im an illegal immigrant now just because of that stupid mistake?

do you think i will be able to get my visa safely?


Please help.

In short, yes, you need to go back.

You do not have the right of appeal or admin review because your 2nd application was treated as a new application and I presume you submitted that application when you did not have a valid leave to remain, had you been refused on your FIRST application, you would have been given right of appleal as you made the application when you had a valid leave to remain.

My friend was in the EXACTLY the same situation as you. Basically, they keep your passport until you are actually returning home. You will not banned as you did not like try to trick UKBA and so on. It was just a mistake.

Just call the help line that you got on your letter when you are ready to go home and they will prepare arrangements to return your passport. Normally this is done in the airport as you are about to board the plane. Maybe they have another alternative.

Anyway, I don't think you can apply here anymore because you don't actually have a passport and as you are an illegal immigrant.

My friend went home and applied there and got a new visa without problems. It's much faster to get a student visa back home anyway.

Oh and by the way, if you had planned on applying in the 10 year Long Residency Indefinite Leave to Remain, your "Continuous Residence" has now been broken and you will need to start again.

Hope this helps

Hi, thank you for your reply

I also thought that i had no right to remain in this country and i had to leave, however, one of my friend(with same nationality) was in the same situation like me and she went back to Korea. She reapplied in the country of origin, and the immigration office in Korea took it more than 6 months to process her visa. As a result she had to give up hear academic year and whenever she has to do entry clearance she gets captured in the airport because of that blank year. She said i will be banned coming back to Korea anyway if i go now(since it is more than 3 months that i am staying as an overstayer) so she recommended to make an application here.

I talked to OISC immigration officer in the uni today and she again said not to be panicked and reapply here...She mentioned that as long as homeoffice is keeping my passport and they will consider it again because they know I am a full time student.... I made an appointment on 12th of April for the new application form.

I really dont know what to believe or ignore... Iam trying my best to persuade the immigration officers ... making perfect bankstatement, CAS form(managed to get it without passport), letter from personal tutor..........!

but i really dont want to go back now - ive got many exams till June and i dont want to ruin them. Now theres no choice and im gonna challenge it and see what result i will have... Please keep your fingers crossed. bye x

Hiya, I am in an exact situation as you, and I made an appointment in May.

Could you please tell me about your visa result after 12/04/10?. Because I want to know can I apply in person or not?.

THank you very much. Good luck!

@ joh : How can the Korean man back to Korea with the visa already expired ????

sooluvbi wrote:@ joh : How can the Korean man back to Korea with the visa already expired ????

Well that's why HE HAS to go back to korea....becuase his visa is expired and the fact that he has been refused. The UKBA is now holding his passport, so that once he makes travel arrangements to go back, they will release his passport.

and anyway, why wouldn't you be allowed to back if your visa is expired???...it is probably what the UKBA want anyway!

@sooluvbi

Hi, sure i will contact you as soon as my visa application is made.
I heard from my uni immigration adviser that HO normally gives one more chance to tier 4 students who made these kinds of mistakes on their application. However, it is very difficult to be sure that we will be guaranteed to make successful application since it is totally dependant on the case worker's thoughts.
Also, if the fresh application is rejected again, then you have no choice but go back to your home country and you might be banned coming to this country for 1 year. The reason for this ban is becz your visa has expired already for more than 28 days from your valid.
I chose to remain in this country because my visa has expired last year already and it will take too much time to reapply and get the visa if i go back now. and i dont want to give up one of my academic years.

All i can say to you is that you now need to collect your documents as much as you can... CAS form, valid and uptodate bank statement, photos, etc.

Good luck with you application then. bye x

Yes, I think we can have 1 more chance to apply for the visa!.

I just want to know can I apply in person ( pay 700 ), because it states that your application must be made before the expiry date if you apply in person.????

sooluvbi wrote:Yes, I think we can have 1 more chance to apply for the visa!.

I just want to know can I apply in person ( pay 700 ), because it states that your application must be made before the expiry date if you apply in person.????

I heard that you cannot apply in person anymore becuz your visa is expired. Has your passport come back to you?

Yes, my passport was sent back to me when they rejected me the first time

BUt my adviser in University said I can apply in person now. I dont know why?. And in your case, your visa already expired but you still booked appointment on 12/04.