Mistakenly overstayed, did not disclose on re-entry. Now what?

[MagnumJoe]

So basically i messed up pretty bad.

I worked in the UK on a tier 5 visa as a doctor from august 2017 to august 2019.

According to tier 5 laws of leave to stay written on the gov.uk site(24 months since setting foot, or 1 month + 2 years from certificate of sponsorship issue date), i was allowed to stay until 14th of august to the 18th 2019, maximum. However, my brp expired on the 8th. I didn't know, back then, that i have to stick to the brp. So i left on the 18th, based on internet researches and some colleagues.

Fast forward to this month, i applied for a standard visiting visa, and i didn't mention i overstayed, because i didn't believe i did.

I got a refusal letter, reason of refusal was because i tried to deceive the HO about overstaying for 10 days, and failing to state clear material or whatever.

I applied again, mentioned the refusal, mentioned the overstaying, and wrote a cover letter explaining that i was stupid not to go by the brp, but also that by no means i intended to withhold information from the HO: simply a mistake, no deception involved.

So what are my chances for getting a visa for entry? 0%?

By the way, up until i received the refusal letter, i know 3 people who overstayed like me because of this inconsistent information. Or are we all idiots? I am applying for this visa for a course and an interview.

[Zerubbabel]

So what are my chances for getting a visa for entry? 0%?

The chances are 0%. Miracles do happen now and then but I won't count on it too much.

Once they said you tried to "deceive" them, it means no application will go through in the foreseeable future.

They are really harsh with that. The overstay was recent 2019 and the date on the residence card is obviously the date when your leave expires.

What makes it bad is when they find out themselves. You applied again and explained that you had no intention to deceive them but still you are upfront about it because they found out. On your previous application you didn't mention it at all.

Your colleagues who stayed beyond their leave are in the same situation.

Please let us know when you get a response for your second application. I hope it will get a positive outcome but I don't please great faith on that.

[CR001]

According to tier 5 laws of leave to stay written on the gov.uk site(24 months since setting foot, or 1 month + 2 years from certificate of sponsorship issue date),

You also seem to be confusing things. Your 2 years on tier 5 starts from the visa issue/valid from date, not the date you "set foot" in the UK or the COS issue date.

[MagnumJoe]

The funny thing is, i found out when they found out. I realized that this was wrong when they told me it's wrong. I genuinely didn't hide anything! I thought it was fine!

No on the site it says: month and 2 years from CoS, or 24 months since setting foot. How do those rules reconcile with the date on the BRP? That's still ver confusing!

Anyway... I shouldn't get my hopes high i guess.

[CR001]

Without you posting the official weblink where it says exactly what you are claiming, it is impossible to comment.

What category if tier 5 did you previously hold?

I have just looked at the tier 5 gornment exchange in the first instance, and it does not state what you are staying anywhere

[Zerubbabel]

Which Tier 5 do you have? The closest I found, knowing you are a doctor, is this one:

https://www.gov.uk/tier-5-international-agreement



Most UK visas when described on Gov.uk have a section "How long you can stay?". However, you don't make the determination, they make it. Once they determine how long you can stay, they issue a leave valid until a certain date. Then, you have to abide by the leave.

[MagnumJoe]

Yeah: Now i know that . I thought i was the only idiot who got it wrong, but apparently there are a lot of us. The "how long you can stay?" section does not correlate with my brp dates at all. So we all assumed it's a general rule with a leeway, not that we have to follow the brp dates.

Discussing how on earth or what the eff was i thinking back then, is not important now. I misjudged the situation, and explained it to them. It's up to them to believe i was genuine, or just act on the law without consideration.

We'll see. It's an interesting predicament.

[MagnumJoe]

And thanks everyone for your time and input: the visa got approved