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UK Overstay-Special Case

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deepu1234
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Posts: 6
Joined: Sat Sep 14, 2013 10:58 am
Location: UK

UK Overstay-Special Case

Post by deepu1234 » Fri Dec 13, 2013 6:39 am

Hi,
Apologies for writting a long story here. It is a bit complicated case.
I was in UK from July 2010 on ICT long term visa and visa was running out on 29th June 2013. I applied for extension in May 2013 did other formalities like biometrics etc in June itself. I received my visa supporting documents back in Aug 2013 in a second class post. Later I received a letter from an agency called Capita in Sep 2013 saying I am overstaying in UK and has to leave the country immediately.
I informed them that my application is still with UKBA and havent received any decision from them. Then I sent a letter to UKBA asking about my visa extension decision and received my decision letter (again in second class post) from UKBA on 10th Oct 2013 stating that my visa has been rejected due to insufficient salary. But the decision letter had the date of 4th Jul 2013. My passport was still with UKBA. Then I contacted Capita and they asked me to book the flight tickets and provide them a copy of the tickets. Then I returned home on 24th Oct and they handed over my passport at the airport. There is no seal or any special note in my passport.
Before leaving UK, I wrote a detailed letter to UKBA explaining all these incidents.
Will I be considered as overstayed and does it stop me from applying for visa for next one year. Please let me.. Thank you in advance.

manci
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Joined: Wed Feb 15, 2012 10:10 am

Post by manci » Fri Dec 13, 2013 10:12 am

you have previously posted on this topic:
http://www.immigrationboards.com/viewto ... highlight=

The HO made their refusal decision on 4 July.

The matter hinges on you not receiving the refusal decision which normally would have been delivered a couple of days after the decision date.

Although when they returned your documents minus passport in August they did say that a decision had been made you did not inform them at that time that you had not received the decision letter. You only raised this issue when Capita got involved in September.

Unless the address on the refusal letter was incorect it would be difficult to prove that you haven't received it.

As you only left the UK on 24 October, unfortunately you have been overstaying for more than 90 days (counted from 4 July). By reference to Immigration Rule 320(7B) this is a reason for refusal of entry clearance and, since you left voluntarily, for a 1 year ban.
http://www.ukba.homeoffice.gov.uk/polic ... /rfl/rfl5/

You can continue corresopnding with the HO trying to convince them that you have not received the refusal letter, may be they will discover some flaw in the process on their side, however, this is likely to be an uphill struggle. One way of forcing their hand to look into the matter might be to make an actual application for entry clearance, for which of course you would need a CoS, but you would be risking a refusal. If the HO admitted that the fault was theirs the requirement for a cooling-off period would also have to be set aside.

deepu1234
Newly Registered
Posts: 6
Joined: Sat Sep 14, 2013 10:58 am
Location: UK

Post by deepu1234 » Sat Dec 14, 2013 6:10 pm

Hi Manci,

Thank you very much for the reply and detailed information.
Is there any way I can contact UKBA to check whether I can apply before one year. I dont want another visa refusal in my name by applying before that. Please let me know.
Thank you
Sreenath

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Post by manci » Sat Dec 14, 2013 10:03 pm

The only chance you may have for getting a visa before the 1 year is up if the HO review your case and find and admit that they have not posted the refusal letter on 4 July. You have already written to them, try emailing the caseworker:
firstname.lastname@homeoffice.gsi.gov.uk

vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Sun Dec 15, 2013 1:26 am

Please continue in previous thread.
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