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student visa overstay FLR(S)

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nuclearjim
Newly Registered
Posts: 1
Joined: Sat Feb 09, 2008 4:06 pm

student visa overstay FLR(S)

Post by nuclearjim » Sat Feb 09, 2008 4:13 pm

Hi all,

My student visa expired on 31 January. It was for a 1 year masters programme, and now i am enrolled for one more semester.

I've been an overstay for 4 days...well under the "28 day" rule for automatic rejection. I have everything ready, but am nervous to send it off.

What are my chances of getting this extension now that I've overstayed?

paulp
Diamond Member
Posts: 1071
Joined: Sun Aug 19, 2007 9:34 pm

Post by paulp » Sat Feb 09, 2008 11:14 pm

nuclearjim, maybe somebody else will have some first-hand experience of your case, but 4 days overstay for a student visa extension shouldn't be too much of a problem.

sakura
Diamond Member
Posts: 1789
Joined: Sun Feb 25, 2007 9:29 pm
Location: UK

Re: student visa overstay FLR(S)

Post by sakura » Sat Feb 09, 2008 11:22 pm

nuclearjim wrote:Hi all,

My student visa expired on 31 January. It was for a 1 year masters programme, and now i am enrolled for one more semester.

I've been an overstay for 4 days...well under the "28 day" rule for automatic rejection. I have everything ready, but am nervous to send it off.

What are my chances of getting this extension now that I've overstayed?
I'll tell you what happened to my friend;

She (silly-ly!) did not realise her student visa expired in October (of last year). She sent off an application form for an extension (new course) about 10 days later. She found out it was rejected, not due to her overstay, but because she was not enrolled on a full-time course!

She then re-applied with a full-time level course, about another 10-20 days after the rejection (I don't know all the details) and it was granted!

So, the moral of the story is that if you are a genuine student, they will take that into consideration. The HO are not really bothered (or I should put it "not AS bothered") about students compared to, say, asylum seekers or illegal immigrants.

My advice is not to overstay any longer, as it will just make life difficult for you. Doesn't mean it will be granted (i.e. I can't promise you!), but there is a higher chance of success if you do it now and stop delaying.

Unfortunately, though, if you were planning on applying for ILR under the 10-year legal ("long") residence category, the overstay has reset your clock, to zero. As with my friend (and she overstayed for 2-4 weeks in total, so no chance for her)...

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