ADMINSTRATIVE REVIEW REJECTTION FOLLOWING A TIER 4 VISA extension application

[Mryousef89]

Dear all,

I have applied for a tier 4 visa extension to complete my PhD on the 31/05/2018. however my application was refused due to maintenance issues where my fathers bank statement didn't meet the home office requirements. following my refusal I was allowed to submit an administrative review.

I have received the decision of the administrative review on the 4th of October and I have submitted a fresh application just before the 14 days.

my visa expired on the 31/05/2018. I am really confused now if I am considered as an overstayer or not? and whether the situation I am currently in, has any impact toward my continuous stay towards the indefinite leave to remain.

your help would greatly calm my heart as i am greatly scared to be considered as an overtayer.

regards,
yousef

[sah10406]

I am really confused now if I am considered as an overstayer or not?

Your Tier 4 leave was automatically extended by way of section 3C when you applied for an extension, and then further during the administrative review process. Your 3C leave ended when your Administrative Review was refused, and you have been an overstayer since then. Your overstay will continue until there is a positive outcome of your new Tier 4 application. Your university is highly unlikely to allow you to continue with your studies while you are an overstayer. You need to check this with them.

and whether the situation I am currently in, has any impact toward my continuous stay towards the indefinite leave to remain.

That is not a Tier 4 matter. I suggest you speak to an immigration legal adviser.

[SamTiger]

Hi, I had been thorough exactly the same situation of yours some time ago.

My visa got refused and AR failed and I submitted new visa application through Premium service as I do not wished to wait for the visa outcome.

sah10406 has given you clear replies. Ya you will be considered overstayer till you receive positive outcome of your application if your docs meet the requirements. Hope you opted premium service for speedy decision.

Meet an immigration adviser and have all your questions answered. Univ visa teams are quite helpful too. Be open to them and have prompt meetings regarding your application. Remember, your stay is sponsored by Univ only. So it is highly advisable to keep in touch with the univ visa team always. On the other hand, keep your PhD supervisor updated of your visa issues. Did you had discussion with your univ visa teams before submitting application?

When I got my visa after AR refusal, I was said this refusal will remain in my immigration history and also overstay for the period (only days) after the AR outcome. You have to have your reasons/proofs ready when submitting applications in the future. ILR applications are decided on case by case basis and you will be required to submit/explain why your visa application got refused and reasons for maintenance shown. And again, immigration legal advisor might help you put forth the reasons in your future applications.

You received AR outcome on 4th Oct and you submitted new application before 14 days. Safely keep the postal envelope in which you received the AR letter. It is a proof of date received which might assist you in future applications. Not sure if you have opted for premium service or else you will be considered overstayer till you receive the next outcome.

Good luck with your application!! And best wishes for your PhD as well. Focus on your writeup and try to submit as soon as possible.