Applied UK visa within 28 days of expiry of previous visa in 2014, will it be overstay
I am applying for an Australian dependent visa in 2019, and I have a doubt whether I have overstayed in the UK in 2014, I applied for entrepreneur visa within 28 days of grace period, but the same was refused in Feb 2015.
Then I appealed against the decision but since it was taking longer than expected we decided to withdraw appeal and left UK in july 2015 voluntarily, I was told no ban has been applied and when I applied for UK tourist visa in october 2015 my visa was refused on grounds of financial grounds not on any previous ban or anything.
so question is did I overstay in the UK? what should I mention on my Australian Visa now, I am really confused and UK immigration department doesn't give any clear info, and different lawyers suggest different answers. I am deeply troubled so I will be grateful if anybody could help me. My wife is in Australia and I need to move in with her as soon as possible
Best Answer
You wrote:
I am really confused and UK immigration department doesn't give any clear info, and different lawyers suggest different answers.
If different trained immigration attorneys are providing different answers, any answer from the random strangers on the internet like travel.exchange will only be an additional opinion, non definitive.
That said I would answer yes to the question. My reason for that being that immediately your extension application was denied, you became an overstay. Note that the previous 28 day (now changed to 14 day etc) rule overlooked an applicants overstay, it didn’t mean the overstay did not happen. Since your appeal was withdrawn before adjudication, the overstay status stands.
My conclusion is based on logic and inference, not hard codified rules. That said I am only just another random guy lurking on the internet.
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How long you can stay after applying for visa extension UK?
You may be able to extend your stay if you have permission to be in the UK for less than 6 months. You can extend your stay up to a total of 6 months. You can only apply to stay in the UK for longer than 6 months if you're: a patient receiving medical treatment.How long before my UK visa expires can I apply for a new one?
Firstly, you will need to ensure you submit your application no more than three months after being issued a new Certificate of Sponsorship by your employer. Secondly, the earliest you can submit your application is up to 60 days before your current UK Skilled Worker visa expires.Who is an overstayer UK?
According to the UK immigration rules, an overstayer is someone whose permission to remain in the UK has expired while still in the country.What is the 28 day rule UK visa?
Any money you use for maintenance (tuition fees and living costs) must be in your account for a consecutive period of 28 days. During the 28 day period, this money cannot drop below the required amount for even one day or you will not meet the Home Office requirements and your application will be refused.Can overstayers apply for visa in the UK?
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