am i a overstayer since september 2009 plz response ...

waqas734 · Post by **waqas734** » Fri Mar 19, 2010 4:06 pm

hi ...

I applied for my student visa 26 sep 2009 and it was expiring 30 sep 2009 and i got a refusal on 5 nov for maintainance but i appealed within the given time and my appeal was refused 21 jan 2010 then asked for a reveiw again within the given time and applied for a fresh application through my uni with speacial permission of case worker which is still pending... i will get my degree this jully so i am looking foward to apply for psw visa ..

thanks in advance...

arsenal49 · Post by **arsenal49** » Fri Mar 19, 2010 9:28 pm

you are definitely an overstayer since 5th nov, the day your app was rejected because your subsequent appeal was rejected.

whether you will be punished for overstaying is another matter since you have a valid reasoning for staying behind. i.e. appeal etc. and then the permission from caseworker...

give us more info about caseworker's "special" permission and we might give you better advice

in my opinion, you need to declare it in your future visa apps because it will turn up on caseworker's computer regardless. I dont think you will be punished for that though.

regards

waqas734 · Post by **waqas734** » Fri Mar 19, 2010 9:41 pm

Thanks for reply mate but how can i be an overstayer when i appealed within 5 days of my refusal and even after my appeal was dismissed i had give 5 more days for an reveiw of that decision i did the reveiw as well within 5 days and during that time i re-applied for my visa which i will get next week..

how am i sure ?

Beacuse my visa application went directly through my uni and beacuse of the wrong guidence by the uni i just shown Â£1200 for maintenance and i was refused then i complained to my uni and with gr88 contacts they specifically discussed my case with case worker with my full history and also wrote a covering letter with it after that i was allowed for a fresh application they also got a call from Ho to withdraw my appeal reveiw beacus they are going to issue me the visa..

so , i just want to know will it have any affect on my psw application which i will apply this jully 2010

arsenal49 · Post by **arsenal49** » Fri Mar 19, 2010 11:50 pm

Strictly speaking from legal point of view.. you are an overstayer the day you were refused the application because section 3 c protection ended the day your application was decided...

BUTTTTTT, your case is special so you should not worry about it.

have a look at this thread. especially comment by guru on page 2.

http://www.immigrationboards.com/viewtopic.php?t=52220

I still would advise you to say in your app that you have overstayed and then explain it or risk getting straight rejection under "deception used in current app" which is a bit extreme but nevertheless a possibility and you have to be VERY VERY careful with visa apps.

regards

waqas734 · Post by **waqas734** » Sat Mar 20, 2010 12:05 am

yes i agreed but before my reveiw appeal was determined my case was with the home office and if my case was that complicated then case worker would have asked me to go back and re-apply from back home if he though it would have an impact on my futue applications .

is there any way can i ask home office before i apply to know if i am eligible or not beacuse obviously i will have a valid student visa before my psw application.

arsenal49 · Post by **arsenal49** » Sat Mar 20, 2010 12:16 am

This is what i suggest you to do if you want to know what your current status as recorded on HO file.

Give them a call, ask them about your student visa app....The original one which was rejected.. give them your reference number and all...

They will tell you any notes written by caseworker on your file as well.

regards

arsenal49 · Post by **arsenal49** » Sat Mar 20, 2010 12:26 am

as i said your case is special......there is a room in law which allows caseworker to consider applications by students which were filed even after 6 months of expiry of original leave under extenuating circumstances. this is there to ensure student's studies are not interrupted due to stupid mistakes in app due to no fault of their own.

your case fell in that category and caseworker was kind enough to actually exercise that bit of law in your favour.

regards

waqas734 · Post by **waqas734** » Sat Mar 20, 2010 9:09 am

thankyou very much for your help i will be keep updating you regarding my application and caseworker was kind enough beacuse he is now directly linked with my uni not me . which means that my university has taken all the responsibilty for me as they admitted their fault..

But thanks again ..

waqas

arsenal49 · Post by **arsenal49** » Sat Mar 20, 2010 1:28 pm

one thing to keep in mind.... university will pull the plug on all the advice and help you are entitled to, the day you finish your course. they are legally NOT allowed to give immigration advice to people who are NOT students anymore.

So, make sure your visa is sorted BEFORE your course finishes. Also, psw visa app requires you to have valid visa in the form of sticker on your passport otherwise you can not be awarded psw visa and you wont get much help from uni either(for psw) apart from simply how to fill the psw application...

Keep all these things on back of your mind...

regards

waqas734 · Post by **waqas734** » Sat Mar 20, 2010 9:26 pm

thanks arsenal49 but can u please tell me if i get my tier 4 visa then what are the chances that my psw application willl be successful which i hopefully apply by august and my leave to remain will be till october

thanks

arsenal49 · Post by **arsenal49** » Sat Mar 20, 2010 10:45 pm

get your documents in order. its not very hard really to collect all the documents. just make sure you start reading posts here around a week before you submit application and make sure you know why some people were rejected in first place and what can you do to avoid it maintenance points seems to be the biggest issue, in general, here...

your case is special. If you have a valid student visa sticker to show at the time of psw app than it will be very straightforward indeed. but make sure you analytically analyze your visa history with timelines etc. in your covering letter. explain as much as possible and include letters etc. from homeoffice to back it up etc. Basically you need to convince case worker that yours a special case and you did everything you were suppose to do to keep on the right side of the law.

PSW is pretty "indpendent" visa in a sense that it doesnt matter much about your previous immigration history as long as you entered UK legally and that your app was submitted before expiry of current leave. 90% of cases that were refused (and mentioned ) here in this forum was due to not scoring enough points because of problems with document..

regards

all the best

waqas734 · Post by **waqas734** » Sun Mar 21, 2010 9:28 am

thanks i will explain all the reasons i previously overstayed and will include all the appeal documents as well with the covering letter . i hope i will be fine . but i dont understand why potterbond007 was refused despite all the appeal documents he sent, that the only thing bothering me ?

arsenal49 · Post by **arsenal49** » Sun Mar 21, 2010 1:32 pm

the only thing he didnt address was overstaying issue. Also, in my opinion, caseworker wasnt really aware of the rules that allows him to make application even though he overstayed in literal sense but should not have any bearing on his case because he stayed for his appeal etc.

it very much depends on caseworker as well. and since you will be applying from uk, i would imagine they will have more guidance available as opposed to entry clearance officer sitting thousands miles away dealing with 1000s of application. Pressure is on him to quickly decide applications. he doesnt have time to go through the minutest details of every case . if you see what i mean.

you have better chance while applying from UK even though the waiting period (4-6 weeks) just makes you go mad.

regards

waqas734 · Post by **waqas734** » Sun Mar 21, 2010 1:49 pm

ok now i know but thanks again arsenal49 to keep advising me and now i am in a bit of relax position..

thanks

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am i a overstayer since september 2009 plz response ...

am i a overstayer since september 2009 plz response ...