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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7620
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi, I am in the UK on an ancestry visa. It expired on the

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Hi,

I am in the UK on an ancestry visa. It expired on the 26th October 2012. I lodged an application before this time to apply for an extended ancestry application and recieved a confirmation letter from UKBA that this was being procecced. I recently got into university back home so I have had to cancel the application and request my documents back in order to get home in time. I have received them today. How long can I remain here before being classed as an overstayer as I will re-apply once I reach Australia?
Regards

James
Hi

Thanks for your patience.

Basically, it’s not straightforward.

Because you submitted your application before your visa expired you effectively had temporary leave to remain whilst the application was under consideration.

By withdrawing your application you ceased to have leave to remain from the date of withdrawal. However, if you leave within 28 days of the date that you withdrew the application then you should be able to argue when you come to apply from Austrailia that you should not be regarded as an ovestayer because you left within a reasonable time of actually being able to.

You should keep all the correspondence on the matter and keep a short diary recording the chronology of the application, the withdrawal and your return to use as an aide memoire when you come to draft a statement in support of your application from Australia.

If you do this then you should be fine.


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Kind regards,


Tom
Thomas and other UK Immigration Law Specialists are ready to help you
Customer: replied 4 years ago.

Thank you, XXXXX XXXXX be from the day I applied for the return of my documents which was the 15th January or from when I recieved the documents today 22nd January. They do say not to book anything as it could take up to 20 working days to recieve the documents back.

Hi,

To be safe I would work to 28 days from the date they would have received your letter of withdrawal. So, if you sent it by normal post then it would be 28 days after the second day that you sent the letter.

You shoudl certainly leave no later 28 days after 22nd January.

Pleas remember to rate my answer.

Tom
Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on your position. Please remember to rate my answer, if you are satisfied.

Kind regards,


Tom