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Unclear on what Overstaying means?

Only for UK Tier 1 (Entrepreneur) points system. This route is now closed to new applicants.

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fatguyslim
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Posts: 178
Joined: Sat Oct 15, 2011 1:07 pm

Unclear on what Overstaying means?

Post by fatguyslim » Thu Apr 18, 2013 6:58 pm

Hey everyone, when I was going through the "Tier 1 (Entrepreneur) - Application Form Help Text" at the end of the application form I got stuck at point D5. The help text says

'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.

Now the question I have is what should I tick under section D8 of the application form. The reason I ask this is because when i applied for my post study work visa on 28th October 2010 (expiry date was 30th October on my existing leave), I got a refusal letter on 21st December 2010. I then made an appeal on my case and the appeal date was 23rd of Mach 2011. I won the case and got the PSW on 27th April 2011. Can someone please let me know if this is classed as overstaying? I did not under any circumstances overstay in my opinion but I could be wrong. please can someone help me with this issue? Thanks
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Entrepreneur9
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Joined: Sat Mar 02, 2013 11:14 pm

Post by Entrepreneur9 » Thu Apr 18, 2013 8:47 pm

You havent over stayed because you applied for the visa within 28 days after your visa expired. So dont worry
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quantum1
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Joined: Mon Oct 17, 2011 5:31 pm

Post by quantum1 » Fri Apr 19, 2013 11:35 am

Entrepreneur9 wrote:You havent over stayed because you applied for the visa within 28 days after your visa expired. So dont worry
THis is not correct. OP has not overstayed because he had a susequent appeal which was approved as required in (b)
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Entrepreneur9
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Posts: 290
Joined: Sat Mar 02, 2013 11:14 pm

Post by Entrepreneur9 » Fri Apr 19, 2013 11:55 am

@ quantum1 - that is what I said
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Entrepreneur9
Member of Standing
Posts: 290
Joined: Sat Mar 02, 2013 11:14 pm

Post by Entrepreneur9 » Fri Apr 19, 2013 11:55 am

so what is incorrect??
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vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Sat Apr 20, 2013 1:37 am

Entrepreneur9 wrote:You havent over stayed because you applied for the visa within 28 days after your visa expired.
Is incorrect because if you apply for further/indefinite leave to remain after visa/leave had expired, then you have overstayed.

OP hasn't overstayed because:
OP had made an in-time valid application and
Section 3C/3D leave was in force prior to winning the appeal.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.
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fatguyslim
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Posts: 178
Joined: Sat Oct 15, 2011 1:07 pm

Post by fatguyslim » Sun Apr 21, 2013 3:14 pm

Wow thanks guys. This was very helpful
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