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Is it Overstay OR NOT?

Archived UK Tier 1 (Post-Study Work) points system forum. This route no longer exists.

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RizKCB
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Joined: Mon Mar 15, 2010 7:14 pm
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Is it Overstay OR NOT?

Post by RizKCB » Mon Mar 15, 2010 7:30 pm

I got my entry clearance visa as a student ending on 18-January-2009. I applied for further leave to remain as student and posted my application on 21-January-2009 with unrecorded post by Royal Mail (No record held with me). It delayed due to late arrival of courier post from my home country containing bank statement, affidavits etc etc.

I got further leave to remain with effect from 7-July-2009 to 31-October-2010. Now my MSc is almost complete and I am planning to apply for PSW.

I need to know:
Is the time between 18-Jan-2009 and the receiving date of my application at Home Offce is counted as overstay?
Can I take date and advice from Home Office through SAR (Subject Access Request) over this matter?
What should I fill any next form of further leave to ramain while filing the space '''Have you ever overstayed Yes/No'''?
What consequences could relate to my next application due to these overstayed days?


can anybody help me over these issues? please
thnx
:)

arsenal49
Diamond Member
Posts: 1739
Joined: Sun Jan 24, 2010 12:04 am

Re: Is it Overstay OR NOT?

Post by arsenal49 » Mon Mar 15, 2010 8:58 pm

The date your app is posted via royal mail is the date that counts. So technically, it was overstay for couple of days or so. Clearly it wasnt much of an issue since you were given visa but... you got to disclose it or your whole app could be rejected on the basis of withhelding material info or deeption in current app etc etc.

Overstay in that case waived your appeal rights only.. which didnt matter anyway.. So i will be very surprised if they punish you on psw app for overstaying couple of days

regards

ps. was it first class post? second class post? if its first class, usually its receved next day... if second class 2-3 days..

arsenal49
Diamond Member
Posts: 1739
Joined: Sun Jan 24, 2010 12:04 am

Post by arsenal49 » Tue Mar 16, 2010 11:42 am

on second thought.... try to call them and ask them to check it for you. i.e if you ever overstayed etc.. ask them to send whatever they tell you in writing and answer the relevant question in app accordingly.

i duno exactly what SAR is but seems like something you can further explore.

contact UKCISA as well and ask for their advice on the matter.

regards

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