Overstayed for 28 days. What happens next?

[eclipse]

I overstayed my student visa for a period of 28 days because my application was considered as invalid due to payment problems. Although I posted my application form 11 days before my visa expires, it was returned to me (along with my documents) 27 days after my visa expired. I was given the choice to make a fresh application, however the Home Office call centre advised me to go back to my country immediately (the next day) and reapply directly from my country which I am now doing.

Do you guys think I still have a chance to get the student visa?

[cs95tdg]

I was given the choice to make a fresh application, however the Home Office call centre advised me to go back to my country immediately (the next day) and reapply directly from my country which I am now doing.

The fact that they asked you to return immediately is strange. They usually give you a number of days to do so. What did the Home Office letter state? I.e. the one that was sent when your application was returned as invalid. Note that from what I'm aware, you should normally be able to re-apply in-country. But you will need verify what's stated in your letter.

I would never go purely by what is said over a UKBA call centre phone line. You can get many conflicting and inacurate responses from the staff manning those lines!

[eclipse]

I would never go purely by what is said over a UKBA call centre phone line. You can get many conflicting and inacurate responses from the staff manning those lines!

I'm new to this whole visa extension thing. I didn't even know it could take ages to get it from inside the UK. They basically said I shouldn't overstay my visa for more than 28 days because if my application was returned as invalid again I would have no right to appeal.

[cs95tdg]

I would never go purely by what is said over a UKBA call centre phone line. You can get many conflicting and inacurate responses from the staff manning those lines!

I'm new to this whole visa extension thing. I didn't even know it could take ages to get it from inside the UK. They basically said I shouldn't overstay my visa for more than 28 days because if my application was returned as invalid again I would have no right to appeal.

I'd recommend you understand what you need to submit with your application by reading the relavent information and also ensure that your payment goes through successfully the next time around. And make sure that there is no chance of the application being returned as invalid. I.e fill the form according to the guidance, enclosing all required documents.

Now, I don't know when you received the letter from the UKBA, but have the 28 days already elapsed? Also did the letter give you the option to re-apply in-country within those 28 days? Note that I'm asking you what the letter from the Home Office stated. NOT what was said over the phone.

[eclipse]

I'd recommend you understand what you need to submit with your application by reading the relavent information and also ensure that your payment goes through successfully the next time around. And make sure that there is no chance of the application being returned as invalid. I.e fill the form according to the guidance, enclosing all required documents.

Now, I don't know when you received the letter from the UKBA, but have the 28 days already elapsed? Also did the letter give you the option to re-apply in-country within those 28 days? Note that I'm asking you what the letter from the Home Office stated. NOT what was said over the phone.

I'm back to my country. I overstayed my visa for a period of 28 days.

It's stated in the letter that I could send a fresh application with the appropriate fee to the address given on the application form. No dates were given.

Can I ask you for your opinion? Do you think I still have the chance to get the visa?

[Mr Rusty]

As you've left the UK I think your only option is to apply for another entry clearance (visa) at the British Embassy or Consulate in your own country. If the letter stated that you could apply again without leaving the UK, you could have done so, but as you have left, I don't think they could grant you an extension of stay. As other posters have said, you can't rely on verbal advice given over the phone, it is what is stated in the letter that counts, but that's too late now. If anyone knows of UKBA casework granting FLR to an applicant abroad, please feel free to say so, but I think it's a non-starter.

If you overstayed by no more than 28 days and left the UK voluntarily at your own expense you will not be penalised for the overstay, and a new visa application should be treated on its merits. You appear to have acted in good faith and you have the letter inviting you to re-apply, which you can submit with the application along with an explanation of what happened. If your application qualifies in all other respects, the overstay shouldn't harm you.

[cs95tdg]

I'm back to my country. I overstayed my visa for a period of 28 days.

It's stated in the letter that I could send a fresh application with the appropriate fee to the address given on the application form. No dates were given.

Can I ask you for your opinion? Do you think I still have the chance to get the visa?

Apologies, I missed the fact that you had already returned to your home country when reading your original post. So as already pointed out by the previous poster, applying for an extension is not a viable option anymore & agree with the course of action he has mentioned there. Unfortunate as it is that you left the UK purely based on advice given over a UKBA helpline, there is nothing to stop you from applying for EC from your home country if you qualify & did not overstay beyond 28 days when you were here last.

[ashiec]

why didnt you just re-send your application and letting the bank know that monies will be debit from your account?

BUT since you have left, 'entry clearance' not 'leave to remain'.

another thing is because you have left, they might put 'breach of immigration rules' as they might consider you 'overstayed'.

[Mr Rusty]

another thing is because you have left, they might put 'breach of immigration rules' as they might consider you 'overstayed'.

If the OP got a letter postdating the expiry of his LTR from UKBA inviting him to re-apply they must have expected him to remain without leave to do so. So how could an ECO argue that he had overstayed?

Doh!