Urgent Ext Application Form Query !

[S&T]

Hi all

The application form has a particular question which states 'Have you ever stayed beyond your period of leave'.

My initial application was refused and I then made an appeal against the decision within 28 days of the initial refusal.

The appeal was then withdrawn by Home Office and the application was refused again. I then made a fresh application within 28 days of the refusal being received. My visa was then approved after the fresh application.

My question is whether I have stayed beyond my period of leave in any way?

All responses will be appreciated.

Kind regards

[sm12]

Yes, you did overstay, but it will be disregarded by HO.

[The Symbol]

uk-tier-1-entrepreneur-visas/question-a ... e#p1448742

[S&T]

Thanks Guys for your above answers !

But in our case the UKBA withdrew their inital refusal in response to the appeal we lodged in the tribunal and then it later sent us a refusal after withdrawing from the appeal in court, so we had to apply again in 28 days which we did and secured the visa.

So based on the above situation are we putting Yes we over stayed and give the explanation why ?

Or we ans that question NO and give our explanation that we applied within 28 days of the refusal, thus not becoming an overstayer.

[sm12]

The rule below was for 28 days overstaying.
It was recently changed to 14 days, but the point is the same. As soon as your appeal concluded, you became an overstayer.
So even though you did overstay, the period lwill be disregarded by them.

Second, overstaying will be disregarded where the applicant previously made an in-time
application, or an application which fell within the first exception above, which was refused
and the current application was made within 14 days of:
• the refusal of the previous application for leave
• the expiry of any leave extended by section 3C of the Immigration Act 1971
• the expiry of the time-limit for making an in-time application for administrative review or
appeal (where applicable),
• any administrative review or appeal being concluded, withdrawn or abandoned or
lapsing

https://www.gov.uk/government/uploads/s ... ers-v7.pdf

[S&T]

Thank you SM12 - Really appreciate your time and support !

[sm12]

No problem.

Nothing to worry about, but if you are stressed then you can explain it in detail in your cover letter, too.

Best of luck!