Overstay Visa Questions

[KathirRV]

Dear Sir / Madam,

I got a student UK student visa in Aug 2006 & completed an MSc at the University of Leeds. I extended my visa through Post Study Work Visa (PSW) for 1 year with expiry date as 18, Feb 2009.

The then government extended the PSW into 2 years in 2008. As I had very lately only come to know about that, I couldn't get that extension of Post Study Work for another year, due to the fact that I didn’t maintain the required amount of £1000 for 3 months continuously (inadvertently it dipped below £1000 for few days) before the application of extensions.

As per my friend's suggestion, who got that further 1-year visa extension in the very similar scenario by the court order (His Judge was very lenient towards him.), I appealed to the court against the Home Office decision. Unfortunately, I couldn't get the same result of my friend.

I received the final verdict of the High Court by post on 02/12/2009. But actually, the rejection verdict is made on 17/11/2009 by the court. At that time a lawyer told me that 28 days will be counted from the day I receive the letter. So I left the UK on 30/12/2009. Nothing untoward things happened at anywhere.

Now, I am having admission for further studies (MSc by Research) in the UK. In this regard, please clarify my following doubts.


1. As I left within the 28 days window period, I hope I won’t come under the Overstay category? Am I correct?


2. “Have you made an application to the Home Office to remain in the UK in the last 10 years?” - The answer should be ‘Yes’. Am I correct?


3. “Have you been refused a visa for any country including the UK in the last 10years?” - Is my answer should be 'No', as there is no Outland visa rejection? What is the difference between this question & question no 2?

I have an Outland UK student visa rejection in India in Aug 2005 (i.e 12 years back) as well.
(For Ireland Visa they simply ask “Have you ever been refused a visa to another country?” Should I have to include this information as well for them apart from 2009 inland remain in the UK visa rejection for Ireland visa)?


4. “Have you been deported, removed or otherwise required to leave any country including the UK in the last 10 years?” - What is the meaning of ‘required to leave’?



5. Have you ever voluntarily elected to depart the UK? I hope the answer is NO



Thanks,

Kind regards,
Kathir.

[sah10406]

Your Tier 4 sponsor university has an international student adviser whose job is to advise their sponsored students on Tier 4 applications. Unlike many people who post here you have free access to one-to-one specialist immigration advice from your actual sponsor, so I strongly advise that you use it.

[KathirRV]

Your Tier 4 sponsor university has an international student adviser whose job is to advise their sponsored students on Tier 4 applications. Unlike many people who post here you have free access to one-to-one specialist immigration advice from your actual sponsor, so I strongly advise that you use it.

Dear Mr. sah10406,

Thanks for your reply...

I very kindly request you to answer at least the following question. Because as I have already 2 UK visa rejections, this time I am planning to go to Ireland for a Masters course rather than for a Masters by Research (MRes) course in the UK.

" Have you ever been refused entry to, deported from, or otherwise required to leave another country? * - Here what is the meaning of 'required to leave'? Does my case come under this category'?


Kind regards,
Kathir.