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Overstayed few days on Tier 1

Archived UK Tier 1 (General) points system forum. This route no longer exists.

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, Administrator

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fasdone
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Overstayed few days on Tier 1

Post by fasdone » Mon Aug 12, 2013 1:52 am

Hi ,

I have overstayed my tier 1 visa for 17 days . What is the best option can i apply for extension within few days will my application be refused automatically ?

This is complete stupidity from my side. I am meeting all the requirements.

All your suggestions will be very helpful.
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vinny
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Post by vinny » Mon Aug 12, 2013 2:05 am

245CA(g).
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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fasdone
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Post by fasdone » Mon Aug 12, 2013 2:10 am

vinny wrote:245CA(g).

Many Thanks Vinny ,

What will you recommend what should i do now.
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vinny
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Post by vinny » Mon Aug 12, 2013 2:18 am

Possible to apply prior to the 28 days deadline, provided that you do meet all the relevant requirements and submit all the specified documents, etc.

There won't be a right of 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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fasdone
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Joined: Tue Aug 25, 2009 10:56 pm

Post by fasdone » Mon Aug 12, 2013 2:31 am

vinny wrote:Possible to apply prior to the 28 days deadline, provided that you do meet all the relevant requirements and submit all the specified documents, etc.

There won't be a right of appeal.
Great, these 28 days are they working days or they include weekend as well ?
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vinny
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Post by vinny » Mon Aug 12, 2013 2:38 am

Includes weekends.
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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fasdone
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Joined: Tue Aug 25, 2009 10:56 pm

Post by fasdone » Tue Aug 13, 2013 1:11 am

vinny wrote:Includes weekends.
Thanks again just bit confused in filling the section D . Immigration history . page 15.

D5. If your leave to enter/remain has expired , did this leave expire more than 28 days before this application made ?

Answered No as its within 28 days.

Now D8. don't know what to do

D8. Have you ever stayed in the UK beyond the end of your period of leave ?

Does the time within 28 days of visa expiry counts as over stay ? do i have to mention it or not ?

Or should i attach a covering letter with the explanation.

Thanks for your help .
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vinny
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Post by vinny » Tue Aug 13, 2013 1:25 am

If your leave has expired, then you're currently staying beyond the end of the period of your leave.
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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fasdone
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Post by fasdone » Tue Aug 13, 2013 1:44 am

vinny wrote:If your leave has expired, then you're currently staying beyond the end of the period of your leave.
Vinny , what do you suggest what should i do i am really stressing out here now. Its look like if i say yes to D8 my application will be refused and i don't have right of appeal.
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vinny
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Post by vinny » Tue Aug 13, 2013 1:56 am

It shouldn't be refused due to the overstay, if you make a valid application, satisfying all the requirements, within the 28 days period. Having/not having a right of appeal doesn't make much difference to PBS applications nowadays.
Last edited by vinny on Tue Aug 13, 2013 2:05 am, edited 1 time in total.
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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fasdone
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Joined: Tue Aug 25, 2009 10:56 pm

Post by fasdone » Tue Aug 13, 2013 2:04 am

vinny wrote:It shouldn't be refused due to the overstay, if you make a valid application, satisfying all the requirements, within the 28 days period.
Thanks man, big sigh of relief. I know i am behaving like a numpty , what do you suggest about answering overstaying question.
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fasdone
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Posts: 91
Joined: Tue Aug 25, 2009 10:56 pm

Post by fasdone » Wed Aug 14, 2013 12:08 am

fasdone wrote:
vinny wrote:It shouldn't be refused due to the overstay, if you make a valid application, satisfying all the requirements, within the 28 days period.
Thanks man, big sigh of relief. I know i am behaving like a numpty , what do you suggest about answering overstaying question.
what about the earnings can i claim points of earnings after the date of visa .
e.g my visa expired on 25th of July and i received a dividend payment on 29th July can i claim points for that dividend ?


Any thoughts from seniors .
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fasdone
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Joined: Tue Aug 25, 2009 10:56 pm

Post by fasdone » Thu Aug 15, 2013 1:57 am

vinny wrote:If your leave has expired, then you're currently staying beyond the end of the period of your leave.
My leave has expired now but i am within 28 days . Do i have to mention this in the application form.
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vinny
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Post by vinny » Thu Aug 15, 2013 2:09 am

Should be ok to mention it.
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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fasdone
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Joined: Tue Aug 25, 2009 10:56 pm

Post by fasdone » Fri Aug 16, 2013 3:38 pm

vinny wrote:Should be ok to mention it.
Thanks for your time Vinny,
so as an over-stayer am i allowed to work ? or do i have to wait until my visa comes back.?
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vinny
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Post by vinny » Fri Aug 16, 2013 3:50 pm

Wait.
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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