overstay

[Desiree28]

I am wondering if the experts can help me clear this doubt.
I have made a (ILR) set m application on 21/05/09 which was refused on 12/12/10. Was given appeal date as 16/02/10, but due to some circumstances, appeal was withdrawn and dv application submitted to the home office before 16/02/10. This was refused on 25th febraury. Resubmission was made on 4/03/10 and that has been refused on 1/10/10. Up to what time is my presence in the UK illegal? And do the gaps in my application warrant the one year ban on overstayers when they want to make future applications to the UK? I have my MA Social Work graduation on 15th December 2010 and really want to graduate and make tier 1or tier 2 application from outside.

[geriatrix]

IMHO, you have been overstaying since the day your appeal was withdrawn (before 16/02/2010). DV application was out-of-time therefore no section 3c protection to legalise your stay.

Overstaying in the UK will influence future EC applications under PBS.


regards

[avjones]

IMHO, you have been overstaying since the day your appeal was withdrawn (before 16/02/2010). DV application was out-of-time therefore no section 3c protection to legalise your stay.

Overstaying in the UK will influence future EC applications under PBS.


regards

I agree, and you will already have trouble coming back to the UK under Tier 1 or 2.

[Desiree28]

but is it possible with explanation why I overstayed.

[Desiree28]

Update:
I just had a call from a local council that they've offered me a job and are going to get me COS. My problem:

I had an appeal withdrawn on the advice from a lawyer and subsequent applications have been unsuccessful. The last I heard from Home Office was in October to say they will uphold the refusal. I intend to leave right after i get the COS. Anyway had an overstay experience but was still successful with Tier 2 application? Please share your experience.

[Desiree28]

Has anyone overstayed but has been successful with Tier 2 out-country application?

[geriatrix]

RFL5.2 When must I refuse under paragraph 320?
RFL5.3 How long are applicants automatically refused for?

One is denied / granted entry clearance in accordance with the immigration rules.


regards

[arsenal49]

your case will be highlighted as soon as you apply for entry cleearance... your case is complicated and caseworker will see that you have overstayed... and after finding that, he has no option but to hand u atleast a ban of 1 year.

not good news for you, but thats what will happen.


regards