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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Good Afternon. Lat year i was in the uk under a student visa

Resolved Question:

Good Afternon.
Lat year i was in the uk under a student visa to do my masters. The visa expired april 30th 2010. I sent in my application by post in the first week of april. However my passport was returned to me on the 7th of july with a letter stating that my application was invalid because the wrong visa fee was paid. I proceded to leave the country a few weeks after receiving the letter (21st july). I would like to apply for a visa from my country now. am i eligible to apply?
Submitted: 6 years ago.
Category: UK Law
Expert:  Thomas replied 6 years ago.
Hi,

Thanks for your reply.

If your visa expired on 30th April and you left the UK on 21st July then technically you were an overstayer for this period of time. Overstays greater than 28 days are permitted as general grounds for refusal of student visas.

However, persons who have submitted an application for a further visa before their current visa expires are permitted leave to remain until the UKBA reach determination on their case. You will have to argue that as you did not receive determination until shortly after the date of the letter (ie.7th July) then the period from 30th April to 7th July should not be taken as a period of overstay.

If this is accepted by the UKBA then they will not be able to reject your application on this basis alone because the actual overstay would only be 14 days (from 7th July to 21st) and therefore not be of a sufficient length to constitute a general ground for refusal.

You will have to make this point forcefully in your letter to them, but provided there are no other defects with your application I should think you will have a reasonably chance of the UKBA accepting your position.

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I will answer your follow up questions you may have.

Kind regards,


Tom
Thomas and other UK Law Specialists are ready to help you
Customer: replied 6 years ago.
Thanks for your prompt response. If i were to be applying for a post study work visa or a general visit visa would any problems arise? I understand from the previous answer paul richmond gave me that i would have been banned for a year due to the overstay status..this is why i have refrained from applying for any visa. I have a great immigration history prior to this incidence...i have been going in and out of the uk on holiday since i was 2 and have never had any brush with the law.
Expert:  Thomas replied 6 years ago.
Hi,

Did you receive a ban when you left?

Tom
Customer: replied 6 years ago.
no i did not receive any ban but i was told that there is usually a one year ban on anyone who has overstayed and decided to work with the worst case scenario
Expert:  Thomas replied 6 years ago.
It's a discretionary one year ban if you left at your own expense, but you should have received notice of it when you left.

You will still be able to argue that the overstay which caused any consequent ban should not be regarded as such. I have had successful applications where the arguement has been accepted.

Kind regards,

Tom
Thomas and other UK Law Specialists are ready to help you
Customer: replied 6 years ago.
i have not received any notice of the ban