Overstay Dates - From Decision or Submission?!?

[coco__nutty]

Hi there!

I have heard a few versions of the tale to the following and pretty sure I read on the UKBA site that:

If one's visa (PSW) expires 01.04.13
They apply for FLR(M) on 03.04.13
For whatever reason get refused on 01.05.13

->their overstay is 2 days? OR is it 1 month (and counting)?..

Meaning it is calculated until the application is submitted and not until the decision (whatever it may be) is made?..
If anyone has a link to where UKBA explain this, that would be much appreciated!


(Dates hypothetical, just for easiness of demonstrating the question, categories are 'genuine))

Thanks in advance!

[coco__nutty]

http://www.newlandchase.com/nc_blog/art ... es_read_on

Think I just answered my own question... Just in case anyone is interested...

Makes me wonder though... What if they take longer than 90 days to determine?
Or does this rule not apply to FLR(M)?...

1. Overstayer applications (28 day rule)
From the 1st October 2012, if any UK visa holder overstays their leave by more than 28 days, any application which is submitted for further leave will be refused. However, if you resubmit an application within 28 days of your overstay, then you may still qualify under the rules.
Error: The new rules seemed to suggest that an application would fall for refusal if the applicant had overstayed by more than 28 days by the date of the decision on that application, rather than by the date the application was submitted.
Home Office response:
From 1 October 2012 any application made by an overstayer will be considered under the new overstayer rules, regardless of when that application was made, because the rules in force at the date of decision apply subject to any transitional provisions.
In calculating whether a person has overstayed by a period of 28 days or less the end point is the date of application, not the date of determination. Guidance to applicants and caseworkers to be amended to make this clear.

2. 90 day overstay period before a mandatory re-entry ban commences
This rule applies to overstayers who submit applications within the 28 day period allowed, but are subsequently refused. The overstayer will then have 90 days to leave the UK before becoming subject to an automatic re-entry ban.
Error: ILPA stated that if the time UKBA takes to decide an application by an overstayer results in 90 days being exceeded (where the application has been submitted within 28 days of leave expiring), this should not trigger a mandatory ban. They said that this intention was not reflected by the drafting of the rule.
Home Office response:
The intention behind extending the period of overstaying to 90 days is to allow those who have overstayed for 28 days or less to leave the UK promptly after a refusal of their application and so avoid the re-entry ban
In calculating whether a person has overstayed by a period of 90 days or less the time during which that application was being determined by UKBA will count. This will be made clear in the guidance to applicants and caseworkers.

[vinny]

HIf one's visa (PSW) expires 01.04.13
They apply for FLR(M) on 03.04.13
For whatever reason get refused on 01.05.13

An out-of-time application has no effect on when the overstay started. Overstay would start when PSW expired.

[coco__nutty]

HIf one's visa (PSW) expires 01.04.13
They apply for FLR(M) on 03.04.13
For whatever reason get refused on 01.05.13

An out-of-time application has no effect on when the overstay started. Overstay would start when PSW expired.

Thanks for clarifying!

What's the fallout from this overstay in long run, IF FLR(M) is approved?
Does it 'just' go on applicants record or are there further concequences?

Thanks!

[vinny]

Overstaying will effect right to work, right of appeal and naturalisation eligibility.

Plus possible re-entry ban, if application is refused.

[coco__nutty]

Overstaying will effect right to work, right of appeal and naturalisation eligibility.

Plus possible re-entry ban, if application is refused.

Thanks again for all your input!
My visa has now been approved on 21st of May, so total length of my 'overstay' between PSW running out and FLR(M) starting was 31 days.
I apprecite that in future applications I am going to have to mention this period where asked.

I did stop working as soon as I received the notification of my initial application invalidity (26th of April) - I spoke with my work's HR and they accepted my request for unpaid suspension until I receive a response from UKBA. I notified them yesterday that I got my visa now so going back into the office to discuss me returning asap.

What do I have to watch out for/worry about now?... Anything? Everything? I seemingly love to worry and putting myself in compromising positions! But it all comes with experience, I suppose! I now know to a) apply WELL in advance of current visa expiry and b) check and double-check for new forms/rules a minute prior to posting the application...
Lucky for me my work were very understanding and cooperative in this situation, I would've been devastated if I lost this job!