Overstaying

[amyli]

Hi

I've just learnt that overstayers are banned from the UK for at least a year. My question is, when does a person become an overstayer?

I applied for settlement before my visa ended but they rejected my application as invalid. I thought that my permitted stay was extended until the UKBA reached a decision, so if I leave within 28 days of them informing me that the application was invalid, I will not have overstayed.

However, I was told by the UKBA immigration enquiries bureau that I became an overstayer 28 days after my visa expired because my application was not valid, so it's like I never applied.

Perhaps I am missing something but the UKBA website and the immigration rules do not seem to require that the application is valid for the extension to come into force.

Besides, noone makes an invalid application on purpose. We send off application in good faith and it seems unfair to be made an overstayer because the UKBA did not inform us about the invalidity before the end of our visa.

Can someone point me to where the term overstayers is defined and the exceptions etc?

Thanks for your help.

Amy

[vinny]

Subject to paragraph 320(7C) (see RFL5.4),...

‘Overstaying’ means the applicant has overstayed their leave to enter / remain, not just stayed longer than they said they would. The rule requires that the applicant has overstayed for more than 28 days (or for any period if, after overstaying, he went home at public expense including AVR or similar programme).

[amyli]

Subject to paragraph 320(7C) (see RFL5.4),...

‘Overstaying’ means the applicant has overstayed their leave to enter / remain, not just stayed longer than they said they would. The rule requires that the applicant has overstayed for more than 28 days (or for any period if, after overstaying, he went home at public expense including AVR or similar programme).

Thanks for the prompt response.

So when does the 28 days period start? Was it when my visa expired or when the UKBA informed me that my ILR application was invalid?

And in case of the latter, would it be the date of the UKBA's letter or the date I received the UKBA's letter?

[geriatrix]

As per my understanding, both invalid applications and out-of-time applications do not have Section 3C protection.

To benefit, a person must have existing leave to enter or remain at the time when their valid application is made.

Therefore, in your case, unless the initial application is deemed valid, I believe you became an overstayer the day your leave to enter / remain expired. And the 28 day period started from that day.


regards

[amyli]

As per my understanding, both invalid applications and out-of-time applications do not have Section 3C protection.

To benefit, a person must have existing leave to enter or remain at the time when their valid application is made.

Therefore, in your case, unless the initial application is deemed valid, I believe you became an overstayer the day your leave to enter / remain expired. And the 28 day period started from that day.


regards

Ah ok, thanks.

I'd already overstayed, so re-applying was the right thing to do. I've got nothing more to lose by trying to get the application approved from here. Let's just hope the UKBA get back to me with a positive response before deportation people get on my case.

[avjones]

I agree, your overstaying starts from the day your leave expired.