Question - Rules Relating To Overstaying

[Phil_C]

Question:

If you apply for a visa extension, lets say 3 weeks before your visa runs out (you send your passport and relevant documents), if the home office take 6 weeks to process the application and are in possession of your passport the day it expires are you then considered an overstayer? For example, what happens if your extension is rejected and by the time you receive your passport back you are 2 weeks over your expiration date, are you considered to have overstayed?

-

[stedman]

Question:

If you apply for a visa extension, lets say 3 weeks before your visa runs out (you send your passport and relevant documents), if the home office take 6 weeks to process the application and are in possession of your passport the day it expires are you then considered an overstayer?

No.

For example, what happens if your extension is rejected and by the time you receive your passport back you are 2 weeks over your expiration date, are you considered to have overstayed? -

Yes.

[John]

I think ... no ... and no!

That is, under the terms of Section 3C, the old visa is "treated as continuing" until IND actually deal with the visa application, and if they reject the application, then until the time for appealing against that rejection has expired.

[Phil_C]

Thanks for confirming John.

Could you direct me to the website which outlines section 3C so I can print out a copy.

-

[John]

Hi, download this IND document which details how Section 3C works.

That is part of the instructions given to IND staff.

[Phil_C]

That's a great help. Thanks for this John.

-

[jbinuk]

I agree with John...you make an appeal (if you think the refusal was incorrect) and while your case is pending, then you are not considered as an overstayer.

My friends had a similar experience. She applied for an extension(by post) 4 weeks prior to expiration. She received her refusal after 6 weeks(2 weeks after expiration). She was refused because she used an expired application form. She then applied personally but HO didnt want accept her application because it is already expired. What she did was, she filed an appeal and formalised a letter stating why the decision was incorrect. Her defence was that she submitted her application 4 weeks prior to expiration and that HO had more than enough time before the expiration to inform her that she used an invalid application form so that she can lodge a new application just before the expiration. I guess HO did realise their shortcoming so she finally obtained her extension after 4 weeks since she made an appeal.

[Jeff Albright]

I guess HO did realise their shortcoming so she finally obtained her extension after 4 weeks since she made an appeal.

It was not a matter of appeal, it should have been a matter of a complaint directly to the relevant unit.