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Visa Queries regarding overstaying on Tier 4

Only for UK Student Visas, formerly known as Tier 4 (General) student visa

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maxsteelrocks87
Newly Registered
Posts: 4
Joined: Tue Jul 10, 2012 5:21 pm

Visa Queries regarding overstaying on Tier 4

Post by maxsteelrocks87 » Tue Jul 10, 2012 5:40 pm

Hello . I am an international student from India on my Tier 4 student visa for my Master`s course.
My visa had expired on the 21st of April 2012 but my course end date was 30th of June 2012. I decided to extend my current student visa through the university international student services.
I decided to use my parents bank statements from India for this purpose however the courier company misplaced my documents that were required for filling of the visa because of which i wasn't able to send my application before or on the 21st of April 2012.
when i received my documents on the 23 i managed to file it on the same day through the university. i have received my bio metric letter from the UKBA and have got my finger prints done.
I wanted to see if some one can provide a satisfying reply to a few of my queries as i have spoken to many people including the UKBA and were not able to give me a satisfying answer
1. what are the consequences of this of late application?
2. what are the chances of it being refused ?
3. what are laws that i should follow so i don't get in trouble with the embassy regarding work ?
4. will this cause problems with my future applications ?
5. will it cause problems when i go back home ?
6. what should i do if it gets refused how many days do i have before i have to go back to my country

Please do reply as these thoughts have become a constant nightmares for me. Your reply or comments are greatly appreciated and i thank you for your help in advance.

Deviser
Senior Member
Posts: 594
Joined: Thu Oct 13, 2011 6:14 pm

Post by Deviser » Tue Jul 10, 2012 9:00 pm

1. what are the consequences of this of late application?
As Tier-4 PBS applicant, you can make out of time application. Your application will not be refused just on the basis of 'late application'

2. what are the chances of it being refused ?
If you did any mistake in application or did not submit complete and valid documents or unable to get required points by any reason, your application may be refused. But it cannot be refused solely with the reason of late application.

3. what are laws that i should follow so i don't get in trouble with the embassy regarding work ?
Which embassy you are talking about? Are you working in any embassy? There is no embassy related to you in UK except Indian embassy. If you are talking about work permission in UK, yes you cannot work in UK.

4. will this cause problems with my future applications ?
No

5. will it cause problems when i go back home ?
No

6. what should i do if it gets refused how many days do i have before i have to go back to my country
If your application refused you should leave UK as soon as possible or within 28 days of refusal.
Last edited by Deviser on Wed Jul 11, 2012 3:50 am, edited 1 time in total.

quantum1
Member of Standing
Posts: 304
Joined: Mon Oct 17, 2011 5:31 pm

Re: Visa Queries regarding overstaying on Tier 4

Post by quantum1 » Tue Jul 10, 2012 11:52 pm

maxsteelrocks87 wrote:Hello . I am an international student from India on my Tier 4 student visa for my Master`s course.
My visa had expired on the 21st of April 2012 but my course end date was 30th of June 2012. I decided to extend my current student visa through the university international student services.
I decided to use my parents bank statements from India for this purpose however the courier company misplaced my documents that were required for filling of the visa because of which i wasn't able to send my application before or on the 21st of April 2012.
when i received my documents on the 23 i managed to file it on the same day through the university. i have received my bio metric letter from the UKBA and have got my finger prints done.
I wanted to see if some one can provide a satisfying reply to a few of my queries as i have spoken to many people including the UKBA and were not able to give me a satisfying answer
1. what are the consequences of this of late application?
2. what are the chances of it being refused ?
3. what are laws that i should follow so i don't get in trouble with the embassy regarding work ?
4. will this cause problems with my future applications ?
5. will it cause problems when i go back home ?
6. what should i do if it gets refused how many days do i have before i have to go back to my country

Please do reply as these thoughts have become a constant nightmares for me. Your reply or comments are greatly appreciated and i thank you for your help in advance.
3. Since your application was out of time, you are an overstayer and are not covered by section 3C. You are therefore not allowed to work.

maxsteelrocks87
Newly Registered
Posts: 4
Joined: Tue Jul 10, 2012 5:21 pm

Post by maxsteelrocks87 » Wed Jul 11, 2012 11:35 am

Deviser wrote:1. what are the consequences of this of late application?
As Tier-4 PBS applicant, you can make out of time application. Your application will not be refused just on the basis of 'late application'

2. what are the chances of it being refused ?
If you did any mistake in application or did not submit complete and valid documents or unable to get required points by any reason, your application may be refused. But it cannot be refused solely with the reason of late application.

3. what are laws that i should follow so i don't get in trouble with the embassy regarding work ?
Which embassy you are talking about? Are you working in any embassy? There is no embassy related to you in UK except Indian embassy. If you are talking about work permission in UK, yes you cannot work in UK.

4. will this cause problems with my future applications ?
No

5. will it cause problems when i go back home ?
No

6. what should i do if it gets refused how many days do i have before i have to go back to my country
If your application refused you should leave UK as soon as possible or within 28 days of refusal.

Let me first THANK YOU for taking the time to reply to my post.
The laws that i was talking about was regarding, me working during my late application which is been processed at the moment. That has been an important query for me, as the member (quantum1) has mentioned "Since your application was out of time, you are an overstayer and are not covered by section 3C. You are therefore not allowed to work" it has been a point of confusion for me because i have spoken to the UKBA on their helpline and they were not able to make any comments on it.
So i dont really know if under these circumstances that i can actually work or i should not work untill the UKBA gives an answer on my application.

maxsteelrocks87
Newly Registered
Posts: 4
Joined: Tue Jul 10, 2012 5:21 pm

Re: Visa Queries regarding overstaying on Tier 4

Post by maxsteelrocks87 » Wed Jul 11, 2012 11:41 am

quantum1 wrote:
maxsteelrocks87 wrote:Hello . I am an international student from India on my Tier 4 student visa for my Master`s course.
My visa had expired on the 21st of April 2012 but my course end date was 30th of June 2012. I decided to extend my current student visa through the university international student services.
I decided to use my parents bank statements from India for this purpose however the courier company misplaced my documents that were required for filling of the visa because of which i wasn't able to send my application before or on the 21st of April 2012.
when i received my documents on the 23 i managed to file it on the same day through the university. i have received my bio metric letter from the UKBA and have got my finger prints done.
I wanted to see if some one can provide a satisfying reply to a few of my queries as i have spoken to many people including the UKBA and were not able to give me a satisfying answer
1. what are the consequences of this of late application?
2. what are the chances of it being refused ?
3. what are laws that i should follow so i don't get in trouble with the embassy regarding work ?
4. will this cause problems with my future applications ?
5. will it cause problems when i go back home ?
6. what should i do if it gets refused how many days do i have before i have to go back to my country

Please do reply as these thoughts have become a constant nightmares for me. Your reply or comments are greatly appreciated and i thank you for your help in advance.
3. Since your application was out of time, you are an overstayer and are not covered by section 3C. You are therefore not allowed to work.
Thank you for taking the time to reply to my post respected member (quantum1)
As you have rightly mentioned and the comment made by another member on my post, it is the same typo of answers that i have been receiving, which is really confusing.

Deviser
Senior Member
Posts: 594
Joined: Thu Oct 13, 2011 6:14 pm

Post by Deviser » Wed Jul 11, 2012 4:55 pm

Actually, you can only continue working with your employer if you are protected by Section 3C of the Immigration Laws.

Section 3C is a protection in immigration laws for the person who is living in UK legally and apply for a extension of visa before the expiry of current visa. Section 3C protect applicant to become an overstayer in UK when their current visa expired during the application process and the visa treated as "continuing" until the decision has been made on the extention application.

Section 3C does not apply where a person's limited leave has already expired at the time of the application.

As you made an out of time application, you are not protected by Section 3C. Presently you are an overstayer in UK and your visa cannot be treated as "continuing". So you cannot continue your job legally. You have to wait until the decision been made on your visa application by UKBA.

I hope you understand now.

Deviser
Senior Member
Posts: 594
Joined: Thu Oct 13, 2011 6:14 pm

Post by Deviser » Wed Jul 11, 2012 5:01 pm


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