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Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7600
Experience:  BA (Hons), PgDip, Practising Solicitor
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My sons student visa in the U.K expired on the 29th of July,

Resolved Question:

My son's student visa in the U.K expired on the 29th of July, 2010. He has been in the U.K. waiting for admission to another university. He was rejected because his visa is not valid. I will bring him back to the U.S. but would like to know if it will pose a problem when he has to apply for a student visa from here. He is an American citizen.
Submitted: 6 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 6 years ago.



Overstays are noted against application and overstays of greater than about a month are noted when the person leaves the UK to go back home. If you son has evidence that he has been waiting for admission to another university then he should take this with him when he returns home.

They may pick up on the overstay when he makes a further application, they may not bu their objection to the overstay will grow the longer your son stays here without leave to remain. He should return home and make an application from there.

The overstay is not yet of a length that cannot be reasonably explained (eg. waiting for college admission, arranging flights, making other practical arrangements to return home, waiting for you to arrange his return for whatever reason (eg. lack of funds) but, as I say the longer this overstay continues the more prejudicial it will be to his next application.


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Kind regards.



Customer: replied 6 years ago.
Does that mean that when he applies for his visa from the U.S., he should include documentation that he was awaiting admission to a university? Is there a time frame within which he cannot apply for a visa?
Expert:  Thomas replied 6 years ago.



If he does not include reference to the overstay in his new application then the UKBA may view that as dishonest which could be more damaging to the application than the overstay itself. The better view is to be honest and pre-empt by offering the most cogent explanation for it that he can. A relatively short overstay of this type is quite explainable.


There is no time limit within which he must apply for further student visa.


Kind regards,


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