1. I came to the UK with student visitor visa in May 2015. The visa was valid between March 2015 and March 2016 (10 months).
2. While the student visitor visa was still valid I applied for EEA EFM. This happened in February 2016.
3. 6 month later I was notified that the EEA EFM application was rejected. Home Office told me that I have 14 days to leave the country or make another application.
4. Within the 14 days I logged an appeal and the date for the court was then on the 13th July 2018.
5. I received the refusal letter from the tribunal on the 18th July 2018 and I’m now planning on leaving the UK ASAP.
Today, when I notified Home Office that I’m planning on leaving the UK voluntarily, they mentioned that re-entry ban may apply dependant on the length of the overstay. They also confirmed that I have overstayed because my EEA EFM was rejected, so apparently I overstayed since March 2016, which is when my student visitor visa expired.
I have the following question:
- Have I really overstayed? I need to know this as I’m planning on applying again from Venezuela for a spouse visa. My girlfriend is a British national. We would like to get marry in Venezuela and then come back to the UK.
Also, in the first EEA EFM refusal letter (not the appeal) the word ‘’deception’’ is frequently used. So based on the following (highlighted in red):
Off Topic
Grounds on which entry clearance or leave to enter the United Kingdom is to be refused
[…]
(7A) where false representations have been made or false documents or information have been submitted (whether or not material to the application, and whether or not to the applicant’s knowledge), or material facts have not been disclosed, in relation to the application or in order to obtain documents from the Secretary of State or a third party required in support of the application.
(7B) where the applicant has previously breached the UK’s immigration laws (and was 18 or over at the time of his most recent breach) by:
(a–c) […]
(d) using Deception in an application for entry clearance, leave to enter or remain, or in order to obtain documents from the Secretary of State or a third party required in support of the application (whether successful or not);
unless the applicant:
(i) […]
(ii) used Deception in an application for entry clearance more than 10 years ago;
[…]
(7A) where false representations have been made or false documents or information have been submitted (whether or not material to the application, and whether or not to the applicant’s knowledge), or material facts have not been disclosed, in relation to the application or in order to obtain documents from the Secretary of State or a third party required in support of the application.
(7B) where the applicant has previously breached the UK’s immigration laws (and was 18 or over at the time of his most recent breach) by:
(a–c) […]
(d) using Deception in an application for entry clearance, leave to enter or remain, or in order to obtain documents from the Secretary of State or a third party required in support of the application (whether successful or not);
unless the applicant:
(i) […]
(ii) used Deception in an application for entry clearance more than 10 years ago;
The refusal letter from the appeal doesn’t use the word deception, however they said comments like:
- ….’’I do not accept that that either Victoria or the appellant are telling the truth about the payment of monies…’'
- The entire story about how the appellant is said to have achieved the monies from Victoria’s parents is not believable and cannot be truth’’
- The appeal is refused. I am satisfied that the decision of the Secretary of State is correct and I reach the same conclusions as the Secretary of State, for the same reasons.
Based on this, I wonder if the 10 years ban would apply to me?
Looking forward to hearing back from you,
Thanks,
Vicky
PS- Both questions highlighted in blue
