Tier 4 Dependant Visa - Overstay / Refused

[krishh_bh]

Hi,

I'm looking for valuable advice from the users of this forum to know if I apply for Tier 4 Dependent Visa will I get refusal for overstaying. Sorry for the long email. Below is my Immigration History.

I entered UK in Jan 2008 as student. My last visa issued was Post Study Work which expired on 30th Dec 2012. I applied for Tier 1 Entrepreneur Visa on 12th Dec 2012 before the leave expired. The application was refused on 14th June 2013.
I exercised my right of appeal in First-Tier Tribunal and the appeal was allowed on 30th Oct 2013. But the Secretary of State appealed against First-Tier Tribunal decision in Upper Tribunal and the decision was reversed on 27th June 2014 and my appeal was dismissed. I challenged the Upper Tribunal decision in Court of Appeal. The Case was pending for Oral Hearing in the Court of Appeal in June 2015.
Meanwhile I was offered a Job by a Tier 2 sponsor company. Hence I withdraw my appeal from Court of Appeal on 2nd April 2015 and made a new application for Tier 2 General on the same date. The Court of Appeal accepted the withdrawal on 10th April 2015 only. Unfortunately my application was considered invalid on 9th June 2015. I received the decision letter stating I have an outstanding appeal with Court of Appeal. So I made another fresh application on 19th June 2015 and attached the original Court of Appeal withdrawal letter along with. On 30th June 2015 to my dismay I received another decision letter stating the same previous reason that I have an outstanding appeal. I requested for reconsideration of my application and on 10th August 2015 I received decision letter from HO that my application has been refused because I have overstayed in UK.

"Although your leave to remain was expired on 30 Dec 2012, your leave was extended under section 3C of Immigration Act 1971 until 10 Apr 2015. You did not submit a valid application for leave to remain until 19 June 2015. This was more than 28 days after the date your previous leave was extended to by virtue of Section 3C of Immigration Act 1971."

To challenge the decision I applied for Administrative Review but in vain. Then I went for Judicial Review. While my Judicial Review was still going on I withdraw my application and returned to my country voluntarily on 20 Apr 2016.
Now my wife has been offered a place in University for MSc program. I'm planning to apply for mine and her visa.

[sah10406]

You overstayed in the UK from 11 April 2015 to 20 April 2016. Since this is more than 90 days, you will have a 12-month ban on entry clearance applications. The earliest you can apply is 21 April 2017.

However, having spent over three and a half years in the UK making failed applications in different categories, and unsuccessfully challenging them, I fear that any future applcation will be very closely closely scrutinised. Moreover, if your wife was your in the UK as your dependant that whole time, I think her own Tier 4 application will be looked at very closely for credibility anyway.

[krishh_bh]

You overstayed in the UK from 11 April 2015 to 20 April 2016. Since this is more than 90 days, you will have a 12-month ban on entry clearance applications. The earliest you can apply is 21 April 2017.

However, having spent over three and a half years in the UK making failed applications in different categories, and unsuccessfully challenging them, I fear that any future applcation will be very closely closely scrutinised. Moreover, if your wife was your in the UK as your dependant that whole time, I think her own Tier 4 application will be looked at very closely for credibility anyway.

Thanks for your reply. Will I be considered overstayed even when I had my appeal going on. The Judicial Review was still pending. HO only refused my application on 10th of Aug. Do you think I might get some consideration because the overstay happened to be unintentional and was caused because of delays from HO. If they were returning my applications before 8th May 2015 I could make in time application.

I'm really confused because I need to pay the tuition fee to get the CAS and they might not refund if my Visa (Dependent) gets refused. She will be applying for her UK Visa for the first time (we got married in May 2016).