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Tier 1 extension - Help with question D.16

Archived UK Tier 1 (General) points system forum. This route no longer exists.

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greentea123
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Joined: Thu Mar 22, 2012 2:34 pm

Tier 1 extension - Help with question D.16

Post by greentea123 » Thu Mar 22, 2012 5:37 pm

I’m due to renew my tier 1 extension in few weeks. To cut the story short, I lodged an appeal few years back after my visa was rejected ( FYI - when you lodge for an appeal, you are still legally entitled to remain in the UK until a decision is made.) The time has come for me to extend my tier 1 visa which I successfully got 3 years ago :) and basically my question is do I need to provide evidence to demonstrate that I did not overstay ‘illegally’ after my leave expired 3 years ago? This question refers to D.16 in the application form: D.16 Has the applicant ever stayed in the UK beyond the end of his/her period of leave.

Do I answer NO given I was legally entitled to remain the UK at the time or do I answer yes and simply provide evidence (copy of decision and appeal ) to demonstrate that I did not overstay or remain the UK unlawfully. Doesn’t UKBA keep records of appeals anyways? I have a same day premium appointment and I really want it go smoothly. Help 

rakeysh.patel
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Location: Basildon, Essex

Re: Tier 1 extension - Help with question D.16

Post by rakeysh.patel » Thu Mar 22, 2012 5:40 pm

greentea123 wrote:I’m due to renew my tier 1 extension in few weeks. To cut the story short, I lodged an appeal few years back after my visa was rejected ( FYI - when you lodge for an appeal, you are still legally entitled to remain in the UK until a decision is made.) The time has come for me to extend my tier 1 visa which I successfully got 3 years ago :) and basically my question is do I need to provide evidence to demonstrate that I did not overstay ‘illegally’ after my leave expired 3 years ago? This question refers to D.16 in the application form: D.16 Has the applicant ever stayed in the UK beyond the end of his/her period of leave.

Do I answer NO given I was legally entitled to remain the UK at the time or do I answer yes and simply provide evidence (copy of decision and appeal ) to demonstrate that I did not overstay or remain the UK unlawfully. Doesn’t UKBA keep records of appeals anyways? I have a same day premium appointment and I really want it go smoothly. Help 
Answer the question - "NO". You are right, your stay can not be classed as over stay as your appeal/application was dealt with by HO while you ran out of ur visa.
An [Expensive] Immigrant journey has ended 19/08/2015. Good luck to you all out there...

greentea123
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Posts: 8
Joined: Thu Mar 22, 2012 2:34 pm

Post by greentea123 » Fri Mar 23, 2012 10:30 am

So they should have records for it?

ScopeD
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United Kingdom

Post by ScopeD » Fri Mar 23, 2012 11:12 am

greentea123 wrote:So they should have records for it?
Back then, you lodged your application with HO before your leave had expired. That means you were not an overstayer, and they know it. I wouldn't loose sleep over it.

QuickSam
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Post by QuickSam » Fri Mar 23, 2012 11:55 am

Just answer 'No' as already suggested.
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