Will I be considered overstay if I withdraw visa extension?

[drsachinjadhav]

Hi,
I am a doctor from India, here in the UK on a 6-week visa for a Clinical Attachment. I had applied for a visa extension 3 weeks before my original visa had expired. Now it is 6 weeks since this application and I haven't yet received my passport from the Home Office. I need to return back to India to get on with my work there but I am stuck in the UK because my passport is with the Home Office.
I could withdraw my application for visa extension, to get my passport back. But by the time I get it back and even if I immediately leave the UK, I would still have lived here for more than 28 days since my original visa has expired. This will happen because the Home Office is taking it's own time to process my application and hence I have to withdraw it and then go back home.
Would this still be considered as overstay? Does this get recorded on my passport when I leave the UK? Will this affect any visa applications which I would make in the future, for the UK or any other countries?
I don't want to spoil my visa history for no fault of mine.
Thank you.

[jack_7]

I need help on the same matter. Please respond if you are reading this thread.

thanks

[monamd]

You should seek expert legal advice on this issue as it is a very complicated area of law, they can point you in the right direction and identify the legal avenue for ensuring everything is made clear to you.

[manci]

deleted

[vinny]

I believe that you will become an overstayer, starting after your application is withdrawn. However, departing within 90 days should be okay for future visa applications.

[jan39]

I believe that you will become an overstayer, starting after your application is withdrawn. However, departing within 90 days should be okay for future visa applications.

The HO should give some time like 28 days to leave the country in the withdrawal letter (as they do in refusal letters in some cases) and that period should not be considered as over stay/illegal.
It is not possible to fly same day of issuing the withdrawal from HO. And until the case is in process the status remains legal, then why withdrawal leads it to over stay?
There should be certain rules by HO for such a situation. Obviously the applicant gets bound to remain in the country once application is submitted and an emergency withdrawal should not consider an applicant over stayer for the period.

[jan39]

Hi,
I am a doctor from India, here in the UK on a 6-week visa for a Clinical Attachment. I had applied for a visa extension 3 weeks before my original visa had expired. Now it is 6 weeks since this application and I haven't yet received my passport from the Home Office. I need to return back to India to get on with my work there but I am stuck in the UK because my passport is with the Home Office.
I could withdraw my application for visa extension, to get my passport back. But by the time I get it back and even if I immediately leave the UK, I would still have lived here for more than 28 days since my original visa has expired. This will happen because the Home Office is taking it's own time to process my application and hence I have to withdraw it and then go back home.
Would this still be considered as overstay? Does this get recorded on my passport when I leave the UK? Will this affect any visa applications which I would make in the future, for the UK or any other countries?
I don't want to spoil my visa history for no fault of mine.
Thank you.

Hi, sorry it's long time but I am in the same situation, can you tell the findings of your status that time? thank you

[Casa]

drsachinjadhav only posted once and hasn't logged onto the forum for 4 years!

[jan39]

drsachinjadhav only posted once and hasn't logged onto the forum for 4 years!

Ok, well hope someone can answer my question in terms of rules.

[CR001]

drsachinjadhav only posted once and hasn't logged onto the forum for 4 years!

Ok, well hope someone can answer my question in terms of rules.

Please refrain from digging up old posts. Keep your questions in the topic you already have.

http://www.immigrationboards.com/indefi ... l#p1388932