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Am I overstayer after a refusal with right to appeal?

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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Faisal87
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Am I overstayer after a refusal with right to appeal?

Post by Faisal87 » Fri Aug 01, 2014 8:47 am

Hi Guys,

My current stay has been expired when I received the letter of refusal with the right to appeal.

Do I need to mention in the new application that I have overstayed from the date of expiry?

Many thanks

vinny
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Posts: 32758
Joined: Tue Sep 25, 2007 7:58 pm

Re: Am I overstayer after a refusal with right to appeal?

Post by vinny » Fri Aug 01, 2014 10:43 am

You cannot make a new application when you are still able to appeal or are appealing. If you are not appealing, then when the appeal deadline has ended, that is when you become an overstayer. That is when you may make a new application, within 28 days (if it's permitted under the rules). However, a new application will have no rights of appeal. Therefore, it must be perfect.
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