Applying for student visa as overstayer in PEO

[tiare09]

Hello. Briefly, a summary of my case:

On 12 February the appeal was dismissed by the Judge of the First-tier Tribunal.

- I was told by the university I had 90 days to submit a new application. In the meantime, my passport expired - I'm waiting to get it back from my homecountry in a few days. I was advised to submit an in person application.

Now, I am submitting a new application more than 28 days of overstaying (from 12 February when my appeal was dismissed). I must submit evidence of exceptional circumstances which prevented me from submitting my application within 28 days of overstaying. I have evidence that my passport was being renewed at that time, a slip given at my Consulate.

Do you think that will do as evidence of exceptional circumstances?
Can I apply in person as an overstayer? Because in their website it says I cannot apply if: "any application outside of the Immigration Rules or not on any of these lists are not considered in our public enquiry offices". I'm not sure if my application is outside of the Immigration Rules. It also states "Also, they cannot consider your application if:
your case is complex; or your case is not covered by the Immigration Rules"

I have booked an appointment in a PEO in two week's time. What do you think is the best thing to do, apply in person or via post? I know that if they refuse my application this time I will have no right of appeal. Any advice will be appreciated. I don't know what to do. Thanks a lot.

[Lucapooka]

Absolutely no chance with this at a PEO.

[sheraz7]

http://www.ukba.homeoffice.gov.uk/sitec ... r/01-rules

[quantum1]

If you want to apply by PEO then try it, because they reply quickly and you will be able to get a visa if approved or apply from home country if refused. If you apply by post on the other hand, the decision will probably come after you have overstayed by 90 days. If it is refused you will not be able to apply from back home until next year in spring. I think applying by post is too risky. its an all or nothing gamble.

[sheraz7]

If you want to apply by PEO then try it, because they reply quickly and you will be able to get a visa if approved or apply from home country if refused. If you apply by post on the other hand, the decision will probably come after you have overstayed by 90 days. If it is refused you will not be able to apply from back home until next year in spring. I think applying by post is too risky. its an all or nothing gamble.

http://www.ukba.homeoffice.gov.uk/sitec ... r/01-rules

[tiare09]

Thank you all for your comments.
Basically, what are my choices? If I got this right:

1. Apply by PEO in which case
- They will charge the fee and not consider my application as it is a "complex case", Lucapooka? Something like, sorry we can't deal with this, apply by post?
- Refuse the application, so I get to leave the UK within the 90 days and can apply from homecountry?

2. Apply by post
- If refused, no right of appeal, can't come back in 1 year.

Now, what chances do I have to get my student visa? I'm applying as an overstayer because my passport was being renewed.

I'm a bit confused with the 28 days and the 90 days. According to the link sheraz7 posted, there is no 90-day period to apply within. Then, why did the university mentioned I had 90 days to apply.

[Deviser]

Thank you all for your comments.
Basically, what are my choices? If I got this right:

1. Apply by PEO in which case
- They will charge the fee and not consider my application as it is a "complex case", Lucapooka? Something like, sorry we can't deal with this, apply by post?
- Refuse the application, so I get to leave the UK within the 90 days and can apply from homecountry?

2. Apply by post
- If refused, no right of appeal, can't come back in 1 year.

Now, what chances do I have to get my student visa? I'm applying as an overstayer because my passport was being renewed.

I'm a bit confused with the 28 days and the 90 days. According to the link sheraz7 posted, there is no 90-day period to apply within. Then, why did the university mentioned I had 90 days to apply.

You cannot apply in person so PEO will be waste of time and money. You can only take a chance applying by post.

Actually, (I think) your matter is become completely discretionary and depends upon to the sympathetic decision of the case office.

So my recommendation is, arrange all your documents in order according to points and visa laws, write a good cover letter and provide full details whatever happened and make application by post. It will be a plus if you get that cover letter printed on some good immigration lawyer’s letterhead. You can also try to get some letter from your University's International Student Advisor who knows about your case.

[tiare09]

Thank you all for your comments.
Basically, what are my choices? If I got this right:

1. Apply by PEO in which case
- They will charge the fee and not consider my application as it is a "complex case", Lucapooka? Something like, sorry we can't deal with this, apply by post?
- Refuse the application, so I get to leave the UK within the 90 days and can apply from homecountry?

2. Apply by post
- If refused, no right of appeal, can't come back in 1 year.

Now, what chances do I have to get my student visa? I'm applying as an overstayer because my passport was being renewed.

I'm a bit confused with the 28 days and the 90 days. According to the link sheraz7 posted, there is no 90-day period to apply within. Then, why did the university mentioned I had 90 days to apply.

You cannot apply in person so PEO will be waste of time and money. You can only take a chance applying by post.

Actually, (I think) your matter is become completely discretionary and depends upon to the sympathetic decision of the case office.

So my recommendation is, write a good cover letter and provide full details whatever happened and make application by post. It will be a plus if you get that cover letter printed on some good immigration lawyer’s letterhead. You can also try to get some letter from your University's International Student Advisor who knows about your case.

Thank you Deviser. I'll look for a good immigration solicitor then, for the letter - and ask my advisor for another letter. Then, there's nothing else I can do, it'll depend on them. If it gets refused, then leave the country and 1-yr ban I'm afraid. Thank you.

[tuliprose]

Hello. Briefly, a summary of my case:

On 12 February the appeal was dismissed by the Judge of the First-tier Tribunal.

- I was told by the university I had 90 days to submit a new application. In the meantime, my passport expired - I'm waiting to get it back from Chile in a few days. I was advised to submit an in person application (Glasgow PEO).

Now, I am submitting a new application more than 28 days of overstaying (from 12 February when my appeal was dismissed). I must submit evidence of exceptional circumstances which prevented me from submitting my application within 28 days of overstaying. I have evidence that my passport was being renewed at that time, a slip given at my Consulate.

Do you think that will do as evidence of exceptional circumstances?
Can I apply in person as an overstayer? Because in their website it says I cannot apply if: "any application outside of the Immigration Rules or not on any of these lists are not considered in our public enquiry offices". I'm not sure if my application is outside of the Immigration Rules. It also states "Also, they cannot consider your application if:
your case is complex; or your case is not covered by the Immigration Rules"

I have booked an appointment in Glasgow PEO in two week's time. What do you think is the best thing to do, apply in person or via post? I know that if they refuse my application this time I will have no right of appeal. Any advice will be appreciated. I don't know what to do. Thanks a lot.

Sorry but your visa would likely be refused both at PEO or by post.

You could have applied without submitting passport and explaining that your passport is being renewed.

[tiare09]

Hello. Briefly, a summary of my case:

On 12 February the appeal was dismissed by the Judge of the First-tier Tribunal.

- I was told by the university I had 90 days to submit a new application. In the meantime, my passport expired - I'm waiting to get it back from Chile in a few days. I was advised to submit an in person application (Glasgow PEO).

Now, I am submitting a new application more than 28 days of overstaying (from 12 February when my appeal was dismissed). I must submit evidence of exceptional circumstances which prevented me from submitting my application within 28 days of overstaying. I have evidence that my passport was being renewed at that time, a slip given at my Consulate.

Do you think that will do as evidence of exceptional circumstances?
Can I apply in person as an overstayer? Because in their website it says I cannot apply if: "any application outside of the Immigration Rules or not on any of these lists are not considered in our public enquiry offices". I'm not sure if my application is outside of the Immigration Rules. It also states "Also, they cannot consider your application if:
your case is complex; or your case is not covered by the Immigration Rules"

I have booked an appointment in Glasgow PEO in two week's time. What do you think is the best thing to do, apply in person or via post? I know that if they refuse my application this time I will have no right of appeal. Any advice will be appreciated. I don't know what to do. Thanks a lot.

Sorry but your visa would likely be refused both at PEO or by post.

You could have applied without submitting passport and explaining that your passport is being renewed.

Then, tuliprose, what options do I have? Would it matter if I leave the country now or after making the application if refused?