Forum Immigration UK


Forum of expats in the Immigration UK: Ask questions and participate to discussions concerning expatriation.

  Search the whole website

  User's Charter  -  Help  -  Terms and Rules  -  Privacy Policy

✎ EN Do I consider myself 'Overstayer' in UK ???

Discussion in 'Immigration UK' started by taha81, Sep 5, 2010.

  1. taha81

    taha81 New Member

    Joined:
    Sep 5, 2010
    Messages:
    3
    Likes Received:
    0
    Gender:
    Male
    City:
    Karachi
    Living In:
    Pakistan
    Nationality:
    Pakistani (PK)
    Languages:
    English
    Hello,

    I am a Brunel University (London, UK) Student, my student visa extension had been refused in August 2009, my MSc. course was going to be completed in January 2010, with True Visa Letter from University which shows the last date of submission of Dissertation is 31 January 2010, i appeal and appear in the court in October 2009.

    The Judgment from Magistrate i received in November 2009 was ' I Dismiss your appeal BUT my Recommendation is that you can stay in UK till January 2010'.

    After receiving this Judgment in November 2009, i stayed in London and i didn't contact UKBA as my solicitor said 'I can stay in this country till January 2010 as this is the Magistrate Recommendation '.

    I submitted my Dissertation on 29th of January 2010 in the university and pick the flight back home same evening. On 30th January 2010, I entered in my home country.

    My passport doesn't got any stamp of rejection. But there is also No Visa on my passport showing i can stay till 31 January 2010. I only have got 10 Pages of Letter of Judgment from Magistrate, who had DISMISSED my appeal for Visa BUT Recommends to stay till January 2010.

    Now in July 2010, I successfully completed my Masters Degree from Brunel University.

    I am quite confuse now, I want to know can i apply for Post-Study Work Visa now as i am bit worried that do I consider myself as overstayed and should wait to apply for PSW visa till January 2011 to complete 1 year overstay ban ???

    OR

    can i apply now as i can fulfill the PSW visa requirements of having Masters Degree with sufficient maintenance funds in my bank account ???
     
  2. Ecrivaine

    Ecrivaine Active Member

    Joined:
    Apr 25, 2010
    Messages:
    33
    Likes Received:
    0
    Gender:
    Female
    City:
    Chicago
    Living In:
    Usa
    Nationality:
    American (US)
    Languages:
    English, un peu de Français
    I would really seek the advice of a solicitor or consult with the embassy before submitting an application, but I would explain the circumstances as well. Explain to a solicitor or to the embassy that you had a letter from the magistrate stating that you should be allowed to stay through the end of January 2010 and that you left before the end of January 2010. Let the solicitor and/or embassy determine whether you overstayed your visa or not. If it were me, I would say that you did not, but I am not a solicitor, which is why I recommended that you consult with someone who can give you legal advice. Good luck!
     
  3. Yousafzai

    Yousafzai Addicted member

    Joined:
    Sep 17, 2007
    Messages:
    491
    Likes Received:
    0
    Gender:
    Male
    City:
    London
    Living In:
    United Kingdom
    Nationality:
    Pakistani (PK)
    Languages:
    English, Urdu, Pashto
    You appealed against the UKBA refusing your visa so there must have been someone from UKBA present in the court right ? how come the UKBA doesn't know about the 'recommendation' ? You should have informed UKBA about the the judge's recommendation since recommendation after all is not a decision. Your appeal had been dismissed.

    You also need to look into why was your appeal dismissed. You need to remember that a good number of solicitors out there are only to grab your money by giving you good but false advises. The golden rule is, when in doubt, contact UKBA.

    I don't believe the UKBA would take judge's recommendation as meaning a thing and I have the same opnion about it so that might well put you as an overstayer.

    In any case, if I were you, I would go ahead and apply for visa and as the other poster mentioned, put a cover letter explaining the whole story along with of course, the 'recommendation' piece.

    Good luck
     
  4. taha81

    taha81 New Member

    Joined:
    Sep 5, 2010
    Messages:
    3
    Likes Received:
    0
    Gender:
    Male
    City:
    Karachi
    Living In:
    Pakistan
    Nationality:
    Pakistani (PK)
    Languages:
    English
    Thanks guys for the advices......your replies has been highly appreciated.

    I have found a good organization named 'IAS' (Immigration Advisory Services). They got the team of lawyers, its Head- office is in Central London and got branches all over the world including my city 'Karachi, Pakistan'.

    I would go there tomorrow and explain my case. Lets see what they gonna say....

    @Yousafzai....as far as Hearing in the court is concerned, there is NO Representative from UKBA. I don't know the reason behind that.

    and yeah i did made a mistake not to inform the UKBA about the Judgment i received from Magistrate. I went with the solicitor advice that time and thought everything had been sorted out.

    Anyway, I am going to IAS, Karachi office tomorrow and check what they recommends....

    Again wanna say THANKS to you guys for giving your precious time on my matter.
     
Loading...
Similar Threads Forum Date
✎ EN Can I be considered as an "Qualified Person" Immigration UK Aug 2, 2018
✎ EN Judicial Review & Reconsideration After Alvi Ruling Immigration UK Jan 22, 2013
✎ EN EEA2 Decision made after 4 weeks back to under consideration Immigration UK Feb 4, 2011
✎ EN NEWS TO CONSIDER!! Immigration UK Oct 30, 2007
✎ EN Travelling whilst FMRS is being considered! Immigration UK Jan 2, 2007

Share This Page