Overstayer or not?

[adnreika]

Hi,

My student visa expired on 29 October. I applied for Tier 2 on the 26 October - on time. Now I got my refusal a week ago (with right to appeal) and want to re-apply again as I know I have 28 days. The question is - what shall I put into my online application form under "What is your current immigration status?":
- I have leave to enter / remain for limited period;
- I have leave to enter / remain for limited period, but this leave now expired.
Here is explanation they provide:

Leave to enter' means that you currently have permission to be in the UK based on leave/ entry clearance/ visa that was issued to you before you entered or when you entered the UK.

'Leave to remain' means that you were already in the UK when we issued your current permission to stay, and we issued it within the UK.

A 'limited period' means that your leave/entry clearance/visa has an expiry date, and we have not given you 'indefinite' permission to stay.

'Overstaying' means that you have remained in the UK beyond the latest of:

(a) the time limit attached to your last period of leave
(b) any extended period of leave pending determination of an in-time application and any subsequent appeal, or
(c) the date that you received a notice confirming that an application was not valid, provided that the application was submitted before the time limit attached to your last period of leave expired.

If you are an overstayer you must read the attached Guidance (opens in a new window) before submitting your application. If you wish to remain in the UK after the 28 day period you should leave the UK and reapply for a visa.

Am I overstayer or not? As far as I understand, I am still kind of Student within 28 days and can apply/work.

Thanks!

[Lucapooka]

I'm not sure if Tier 4 to Tier 2 follows the 28 days overstay concession. Wait for further comment.

[adnreika]

so can I still reapply or not?

[ncisgreat]

Visa expired on oct 29 now january 16
Its more than 28 days

28 days start from the day of visa expired

[vinny]

See also Section 3C.

[Greenie]

You are not currently an overstayer because your leave is treated as continuing under section 3C of the Immigration Act 1971. Your 'section 3C leave' expires 10 days after receipt of your refusal letter if you don't appeal, you will therefore be an overstayer once your deadline to appeal has passed. You cannot make a new application whilst you still have section 3C leave. In addition switching from Tier 4 to Tier 2 requires that you have current leave (i.e. the 28 day rule doesn't apply) Would suggest you seek legal advice.

[Rahul_123]

Hi
I am switching from PSW to Tier 2 and I have applied for Tier 2 on 02 Jan 2013 and current leave is going to expire on 30th Jan 2013.

In case, my visa gets refused before 30th Jan 2013, what are the option I have?
Also, if my visa gets refused after 30th Jan 2013, what are the option I have?
Could anyone please suggest me the available options in detail. I am bit confused about 28 days over stay rule, Mainly if my visa gets rejected and apeal rights provided, can I make new application within 28 days of visa expiry or not?
Thanks in advance

[o55r]

Hi
I applied for Tier2 visa on 28/08/2012 after refusal of my Tier1 extension letter received on 30/07/2012.
UKBA took 5 months to process my tier2 visa,I received tier2 refusal letter the reason they stated is , I did not apply with in 28days of expiry of my tier1 visa- so overstayed
my question is this new rule of overstayers to apply with in 28days ,effective from 01/10/2012,is this rule apply to me ?but why they treat my application in new rule
what are my options?

reply urgent please-anyone

Thanks