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UKSolicitorJA, Solicitor
Category: UK Immigration Law
Satisfied Customers: 4312
Experience:  English Solicitor and UK Immigration Law Expert
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urgent matter

Customer Question

Hi, as of today I became an overstayer in the UK due to a series of extenuating circumstances (I recently had a baby, cannot leave the country right now). I was on a tier2 visa, wanted to switch to Tier 4 dependant as my husband is a student. I was unaware that I had to leave the country to apply for tier4 dependant until very recently. I want to apply for an extension of stay on compassionate grounds. I have 28 days to leave the country voluntarily so that I would not be refused for a visa. But what happens if my application for extension of stay is refused and I learn the result after 28 days. How likely is it that I won't get a visa after I go back to my country and apply for tier 4 dependant?
Submitted: 4 years ago.
Category: UK Immigration Law
Expert:  UK_Lawyer replied 4 years ago.
Hi thank you for your question.

If you apply for discretionary leave to remain in the UK, the UKBA cannot remove you from the country until the application is decided. Unfortunately as you are now an overstayer if your application is refused you will not be allowed to appeal the decision.

If you leave the country with the 28 day period, and submit an application from your home country, provided that your documentary evidence is correct then I would say there is a very good chance you will obtain a visa.

I hope I have answered your question. If so, kindly click ACCEPT, if you do not I will not get credited for my time.

Kind regards,
Customer: replied 4 years ago.
Thank you for your answer. What are my chances to get acceptance on my application for discretionary leave to remain as an overstayer?
Customer: replied 4 years ago.
Relist: Incomplete answer.
Expert:  UKSolicitorJA replied 4 years ago.

I am happy to deal with your UK immigration law issues.

I am afraid without knowing further particulars, it is difficult to advise you what your chances would be for a successful application but you may write a letter asking for discretion to be exercised in your favour on the basis that you have just given birth and are unable to travel, you should get doctors notes in support of your application and proof of your delivery etc.

You may also lodge a complaint/claim against the barrister for negligence.

Hope this helps. Please click Accept

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