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Alice H
Alice H, Solicitor/Partner
Category: UK Law
Satisfied Customers: 2847
Experience:  Partner in national law firm
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I was over stay in uk for 2 months and come back volentarily.

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I was over stay in uk for 2 months and come back volentarily. Can i apply as a dependent visa if my wife applys for studies.
My name isXXXXX and I am a Solicitor based in London. I'm happy to help with your question today.

- Why did you overstay?
Customer: replied 2 years ago.
Had an accidant and waiting for medical and claim process within these two months finally got cheque on 13 sep 2013 and left uk on 15 sep 2013. My visa run out on 28/6/2013. I was on study visa.
OK understood.

Usually a period of overstaying to a maximum of 28 days is ignored.

But where the overstay has been for more than 28 days the Immigration Rules say that any future application should be refused.

Rule 319C states:

"...To qualify for entry clearance or leave to remain as the Partner of a Relevant Points Based System Migrant, an applicant must meet the requirements listed below. If the applicant meets these requirements, entry clearance or leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused...

....(j) The applicant must not be in the UK in breach of immigration laws except that any period of overstaying for a period of 28 days will be disregarded...."

You could make an application and explain why you overstayed but in light of the above rule the chances are that your application will be refused.
Alice H and other UK Law Specialists are ready to help you
Customer: replied 2 years ago.
I do have all the proves of my accident and medical does this make it little flexible
Hello Danish

When did you have your accident?

Customer: replied 2 years ago.
(1) had accident on sep 2012 and received cheque on sep 2013.
(2) can i apply for any other country like australia , canada.
Hi Danish.

Based on the information you've given there was nothing stopping you from leaving the UK before the expiry of your visa. The compensation claim could have been processed even with you being abroad. Unfortunately this will not amount to a good enough reason for overstaying. I cannot comment about other countries because I only specialise in UK Law.

Customer: replied 2 years ago.
But i was told that . These restrictions could be for one year time.
If you left the UK voluntarily (not at the expense of the Home Office) and your overstaying was less than 90 days then the Home Office has a discretion to grant or refuse your application. See Immigration Rules 320(7B)(a) and (I).

There is no time limit on when you can make your application. So, as I said before, you can certainly make a fresh application but you may find the overstaying issue is raised and you will be asked about it.

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