Here is my situation:
1. Applied for FLR(M) 3/1/17.
2. Got a letter saying that additional documents are needed (e.g husbands permeant residence, letter from the landlord etc.) by 7/3/17 or final decision will be made from provided documents.
3. Realised I don't qualify for FLR(M) since my husband is an EEA national (should have applied for EEA).
4. My previous Tier 5 visa expired one month ago during my application process.
Should I cancel my application before it get rejected? I become an overstayer the day I withdraw my application, then would I be able to come back as tourist? I have prearranged a flight ticket to US from UK in May. I would like to come back as tourist and fly to US form the UK. Would they let me in with my Canadian passport as tourist with my application history?
I have read below statement on the other site:
(is it true??? if it's true then I should be able to come back as on my tourist visa because I am not banned because I haven't overstayed over 90 days.)
If you’ve overstayed your visa or leave, you need to act quickly. You’re an ‘overstayer’ if you’ve stayed in the UK after your visa or leave has expired.
From the date that your visa expires, you’ll have either:
28 days to apply for a new visa
90 days to leave the country
So my main questions are:
1. Should I cancel my application before it gets rejected or just wait for the rejection letter?
2. If I decide to cancel my application now and become a overstayer, since overstayed less than 90 days, would I not be banned to travel to UK as a tourist on my Canadian passport in the future?
3. If I decide to wait for the rejection letter, would they give me some grace period to leave the UK after my application has been rejected so that I don't become a overstayer? If so, how many days would they give me to leave the country? or would I become a overstayer the moment my application gets rejected?
Any help will be a hugely appreciated!
Looking forward to hear from you.