Student visa after Flr(O) refusal

I had been on student visa from 2014-2016. After that my agent applied for flro as I was pregnant and My refusal letter came in Jan 2017. The refusal letter didn't mentioned any date or duration for going back. My baby's passport was under process during that time so I contacted case officer and he verbally said that I have 90 days and as I have valid reason I don't have to worry. I came within 90 days time frame as I received passport in the end of Feb 2017. Now, if I want to go back on tier-4, how can I prove that I came back within time limit as nothing was mentioned on my refusal letter.?

The 90 days was not your deadline for leaving the UK. Your deadline for leaving the UK was as soon as possible after being refused.

Separately, 90 days was (at that time) the maximum overstay that would not affect a future entry clearance application. See paragraph 7B(a) of the General Grounds for Refusal:

https://www.gov.uk/guidance/immigration ... or-refusal

If you need evidence you left within 90 days, it would be the refusal letter plus evidence of your travel.

sah10406 wrote: ↑

Thu Sep 24, 2020 8:27 am

The 90 days was not your deadline for leaving the UK. Your deadline for leaving the UK was as soon as possible after being refused.

Separately, 90 days was (at that time) the maximum overstay that would not affect a future entry clearance application. See paragraph 7B(a) of the General Grounds for Refusal:

https://www.gov.uk/guidance/immigration ... or-refusal

If you need evidence you left within 90 days, it would be the refusal letter plus evidence of your travel.

Thank you so much for clarifying. So, will this thing have any affect if I apply for student visa now and do I have to tell about my flro application at the time of applying? Also, am I classified as an overstayer though I returned within 90 days?
( My flro refused on 19 Jan, I received my kid's passport on 22 Feb and I returned on 4th April)

Help1991 wrote: ↑

Thu Sep 24, 2020 8:40 am

So, will this thing have any affect if I apply for student visa now

It might, in terms of your Credibility. You will need to discuss it first with the university, because they need to decide whether to sponsor you for the visa anyway.

Help1991 wrote: ↑

Thu Sep 24, 2020 8:40 am

and do I have to tell about my flro application at the time of applying?

The application asks about previous applications and refusals.

Help1991 wrote: ↑

Thu Sep 24, 2020 8:40 am

Also, am I classified as an overstayer though I returned within 90 days?

Yes.

Help1991 wrote: ↑

Thu Sep 24, 2020 8:40 am

Also, am I classified as an overstayer though I returned within 90 days?

Yes.
[/quote]

So, how come I overtayed when I came back within the maximum time which was 90 days. And how could I have come untill and unless my kid's passport wasn't issued. The case officer knew this but I don't have any written evidence from him. How can I explain this situation to sponsor?

Help1991 wrote: ↑

Thu Sep 24, 2020 8:59 am

So, how come I overtayed when I came back within the maximum time which was 90 days. And how could I have come untill and unless my kid's passport wasn't issued.

You were an overstayer from when you got the refusal until when you left the UK. Please re-read my answer Thu Sep 24, 2020 8:27 am about when an overstay is disregarded.

Help1991 wrote: ↑

Thu Sep 24, 2020 8:59 am

The case officer knew this but I don't have any written evidence from him. How can I explain this situation to sponsor?

Already answered. See my previous answer from Thu Sep 24, 2020 8:27 am.

sah10406 wrote: ↑

Thu Sep 24, 2020 9:07 am

Help1991 wrote: ↑

Thu Sep 24, 2020 8:59 am

So, how come I overtayed when I came back within the maximum time which was 90 days. And how could I have come untill and unless my kid's passport wasn't issued.

You were an overstayer from when you got the refusal until when you left the UK. Please re-read my answer Thu Sep 24, 2020 8:27 am about when an overstay is disregarded.

Help1991 wrote: ↑

Thu Sep 24, 2020 8:59 am

The case officer knew this but I don't have any written evidence from him. How can I explain this situation to sponsor?

Already answered. See my previous answer from Thu Sep 24, 2020 8:27 am.

Thank you for your help. Really appreciate.