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Overstaying my Student Visa

Only for UK Student Visas, formerly known as Tier 4 (General) student visa

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too3122
Newly Registered
Posts: 1
Joined: Fri Aug 05, 2016 12:38 am

Overstaying my Student Visa

Post by too3122 » Thu Aug 11, 2016 1:07 pm

Hello,
I'm an international student from Malaysia who's visa expired recently on the 20th July 2016. I gathered information wrong and thought there was 28 days after my visa expired to apply for an extension (regret not seeking for advise). Before it expired, I had a resit examination paper on 15th July and my family was coming to the Uk for a holiday trip. I guess I loss track for my visa as i was busy preparing for my Resit whilst planning for the trip. At the moment, my family from Malaysia is with me in the UK. I have already booked the flight on the 15th of August to go home with them.

My Question is, if ever, am I able to return to the UK on a tourist visa to attend my graduation in November 2016?? Please help !!

sah10406
Diamond Member
Posts: 3685
Joined: Sun Apr 20, 2008 11:09 am
United Kingdom

Re: Overstaying my Student Visa

Post by sah10406 » Thu Aug 11, 2016 4:00 pm

You will need to declare the dates and circumstances of your overstay on any future immigration application. Not doing so would be deception, and would result in a refusal.

Only an overstay of more than 90 days means a mandatory refusal. An overstay of less than 90 days does not.

However an entry clearance officer has still has the discretion to refuse if the overstay also had "aggravated circumstances", which are broken down on page 55 of the Modernised Guidance for entry clearance officers making decisions:

https://www.gov.uk/government/uploads/s ... -v26.0.pdf
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

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