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Overstay query

Only for UK Student Visas, formerly known as Tier 4 (General) student visa

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SoberHomo
Newly Registered
Posts: 1
Joined: Thu Aug 08, 2019 10:12 pm
United States of America

Overstay query

Post by SoberHomo » Thu Jul 01, 2021 5:40 am

Hello,

I'm seeking some guidance on my upcoming student visa application in the UK.

For background, I graduated with a BA from an English university in 2019, during which time I was on a Tier 4 visa. Unfortunately, toward the end of my stay, I ended up overstaying by ~21 days. (Ultimately, I take responsibility for this, but it's worth mentioning that I was the victim of a random violent crime earlier in the year, which severely affected my mental state and also left me with broken bones and long-term injuries, so I wasn't in the best frame of mind at the time.)

Anyways, now I am preparing to submit a visa application for an MSc course. Obviously, I am planning on disclosing this three-week overstay, as it's required in the application. But I was wondering if anyone had any advice on the likelihood of approval. The immigration rules on gov.uk seem to indicate that an overstay of <30 days is not grounds for refusal for a student visa, but it would be helpful to hear any first- or second-hand experience that anyone has.

Separately, I am wondering if I should even mention the assault in relation to my overstay disclosure by way of explanation. The culprits were arrested and imprisoned, and there's a police record of the whole thing, so it would be easy to verify that it happened, but I'm not sure it's worth it, or even necessary. Thanks in advance for any responses!

lolo2
Member
Posts: 128
Joined: Thu Oct 24, 2019 7:14 pm
Venezuela

Re: Overstay query

Post by lolo2 » Fri Jul 02, 2021 8:44 am

SoberHomo wrote:
Thu Jul 01, 2021 5:40 am
The immigration rules on gov.uk seem to indicate that an overstay of <30 days is not grounds for refusal for a student visa, but it would be helpful to hear any first- or second-hand experience that anyone has.
Probably it will be hard to find someone with a similar experience in this forum.

I would say you still can apply and explain the situation when asked, not sure if in the application you can upload any documents as a proof of what happened to you to justify the overstay.

sah10406
Diamond Member
Posts: 3159
Joined: Sun Apr 20, 2008 10:09 am

Re: Overstay query

Post by sah10406 » Mon Jul 05, 2021 8:51 am

SoberHomo wrote:
Thu Jul 01, 2021 5:40 am
Obviously, I am planning on disclosing this three-week overstay, as it's required in the application. But I was wondering if anyone had any advice on the likelihood of approval. The immigration rules on gov.uk seem to indicate that an overstay of <30 days is not grounds for refusal for a student visa, but it would be helpful to hear any first- or second-hand experience that anyone has.
Yes, only an overstay of 30 days or more is grounds for refusal. See paragraphs 9.8.4 to 9.8.6 of the General grounds of refusal:

https://www.gov.uk/guidance/immigration ... or-refusal
SoberHomo wrote:
Thu Jul 01, 2021 5:40 am
Separately, I am wondering if I should even mention the assault in relation to my overstay disclosure by way of explanation.
The application form gives you a chance to briefly explain the circumstances of an overstay, although as above this overstay doesn't impact on the application anyway.
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

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