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Switch from T1E to BNO visa / Cancel wrong visa application make overstay???

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iocam
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Switch from T1E to BNO visa / Cancel wrong visa application make overstay???

Post by iocam » Sat Feb 27, 2021 1:19 am

I am switching from T1E to BNO visa. I applied the BNO visa 23 Feb but I have to withdraw yesterday because I made a stupid mistake. I cancelled so I can reapply a clean application. However, I read something like when one cancel a visa application, they may become overstay and stopped the 5 years ILR count.
(though my understanding is that it is for those whose leave expired already when they cancelled their visa application. But it's a bit ambigious and I can't help to worry)

Background: I have T1E for 4 years and 5 months. But Covid stopped my business since last March. My employee resigned as their pays are based on hours, not willing to stay. Anyway, no one knew Covid would be that long, and not yet finish. Anyway, this year end we don't have 2 full time position to apply ILR based on T1E. Because I am BNO, so I switch to it. Don't know why on 23 Feb, of my stupidity I made a simple mistake and created 2 application for myself (the new BNO ID check app is to blame. my stupidity is the most to blame too). Anyway I withdrew yesterday. Plan to reapply tomorrow or next Mon (because hotline said I should wait 24 hours). My current T1E leave to remain is valid till Jan 2022 (extended Jan 2020).

Question: My T1E leave still valid, no impact because of the BNO visa application cancellation ? I just applied the BNO and cancelled in 2/3 days (they don't have decision. one application paid 23 Feb not submitted. another application paid and submitted 23 Feb). will my 5 year count stop now? worst and most stupid question, am I overstay now? (those articles mentioned overstay after cancel really make me worry).

(it may be a stupid question. but I can't help to worry much. guru kindly help)

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marcnath
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Re: Switch from T1E to BNO visa / Cancel wrong visa application make overstay???

Post by marcnath » Sat Feb 27, 2021 12:03 pm

Your current visa is still valid to Jan 2022 - so you are not an overstayer. That Visa remains valid.
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

lilysash
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Re: Switch from T1E to BNO visa / Cancel wrong visa application make overstay???

Post by lilysash » Wed Mar 17, 2021 10:57 am

iocam wrote:
Sat Feb 27, 2021 1:19 am
I am switching from T1E to BNO visa. I applied the BNO visa 23 Feb but I have to withdraw yesterday because I made a stupid mistake. I cancelled so I can reapply a clean application. However, I read something like when one cancel a visa application, they may become overstay and stopped the 5 years ILR count.
(though my understanding is that it is for those whose leave expired already when they cancelled their visa application. But it's a bit ambigious and I can't help to worry)

Background: I have T1E for 4 years and 5 months. But Covid stopped my business since last March. My employee resigned as their pays are based on hours, not willing to stay. Anyway, no one knew Covid would be that long, and not yet finish. Anyway, this year end we don't have 2 full time position to apply ILR based on T1E. Because I am BNO, so I switch to it. Don't know why on 23 Feb, of my stupidity I made a simple mistake and created 2 application for myself (the new BNO ID check app is to blame. my stupidity is the most to blame too). Anyway I withdrew yesterday. Plan to reapply tomorrow or next Mon (because hotline said I should wait 24 hours). My current T1E leave to remain is valid till Jan 2022 (extended Jan 2020).

Question: My T1E leave still valid, no impact because of the BNO visa application cancellation ? I just applied the BNO and cancelled in 2/3 days (they don't have decision. one application paid 23 Feb not submitted. another application paid and submitted 23 Feb). will my 5 year count stop now? worst and most stupid question, am I overstay now? (those articles mentioned overstay after cancel really make me worry).

(it may be a stupid question. but I can't help to worry much. guru kindly help)
Hi iocam, did you get your cancellation/refund OK and did you manage to re-apply? I wasn't given the ID check app option when I applied for the BNO visa because I had started the form before the app was released. I was just wondering how much time a cancellation & fresh application might take.

sklam
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Joined: Tue May 11, 2021 10:43 am

Re: Switch from T1E to BNO visa / Cancel wrong visa application make overstay???

Post by sklam » Tue May 11, 2021 10:47 am

Have applied for switch since 23Feb2021 and now nearly 12 weeks. Still didn't hear anything, does anyone know why switch take much longer? I didn't need to provide any supporting information when apply BNO visa.

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