Withdraw appeal and leave UK - Expert Advice needed pls!

[help_needed]

hi,

I have lodged an appeal against a decision.
if I withdraw my appeal and leave within 28 days, will I be an overstayer?
Will I get something in written from UKBA about this, since I do not have a BRP?

Thanks in advance,

[top]

yes you are right to say you will be considered an over stayer because initial time specification you can re-apply within would have gone passed. you leave the country once an appeal withdrawn within 28 days you should have a word with either UKBA or a lawyer to know about it exactly.

you generally appeal to disagree with the decision made by case worker, lodging not an appeal or withdrawing an appeal after it is lodged is considered that you agree with the decision made by case worker excluded if you have other grounds or safe sides making you withdraw an appeal.

talking generally it will not be a wise decision withdrawing an appeal.

hope above helps...

[help_needed]

Hi Top,

Thanks for the reply.
So if my appeal is also rejected (god forbidden) them am I going to be an overstayer?


Thanks,

[KickAss]

I am not an expert in this, But I guess you wont be an over stayer .
Let the senior members comment on this.

[help_needed]

Thanks KickAss.

Senior Members pls shed some more light on this.

[rsrameshsunil]

Hi Top,

Thanks for the reply.
So if my appeal is also rejected (god forbidden) them am I going to be an overstayer?


Thanks,

Let me give you my opinion.

Legally you will become an overstayer from the date you receive the written judgement of a failed appeal. Your overstay period starts from that date. However, if you decide to appeal it again to upeer tribunal you wont become an overstayer. If you decide to leave the country you will have to request your passport from home office. it may take around 20 days to get your passport and leave the country. unfortunately, during this period you are technically an overstayer. But this will not be a problem at all since you have done everything you can after the failed appeal to leave the country immediately but couldn't do so since homeoffice has your passport. In case you do not take any steps to leave the country immediately or not appeal again, you are again an overstayer but this time it is with serious consequences. The same applies even when you withdraw your appeal.

[help_needed]

Thank you Sunil,

So what does that mean, when I leave the airport, they give me hard time or stamp my passport or my home country stamps my passport or something like that?

[rsrameshsunil]

Thank you Sunil,

So what does that mean, when I leave the airport, they give me hard time or stamp my passport or my home country stamps my passport or something like that?

Nothing to do with stamping the passport. What i meant was, When you decided to leave the country. You will have to request your passport from UKBA in order to travel. It will take around 20 days for them to give back your passport.

[top]

yes you are considered an over stayer if you do not leave the country immediate after every decision you waited for has resulted negative.

I would also say you should not look this far in future, it is best to be prepared for the appeal grounds, to the best of my knowledge every case that has yet been refused by case workers has potential for winning in courts provided you provided everything they asked and still is e.g funds and none of your document was fake or/and you are still active and working genuinely at the position you claimed you are when you applied at 1st place.

it is hectic to think and pain to yourself if you think you are not going to win an appeal you will win if you have no doubts about what I wrote above..
thanks..