Immigrationboards.com

heeyy

I accidentally overstayed in UK by 28 days. i had lost my biometric card and thought my visa would have ran out by the end of the month, which in fact it had already expired by the 1st of that month. so i overstayed without knowing (found out as i landed abroad), i then applied for a visa and returned with a valid leave to remain. (this happened about 6 months ago)

i will complete my 10 years in two months. i have all the documents available and don't have any issue in regards to any other rules, the only issue is the overstay of 28 days. would this be a problem for me to apply for ILR?

i know the rule says, no overstay (leaving without a valid leave to remain), but it also says somewhere else as long as it's been within a period of 28 days its fine??


thaanks

Yes according to new guidance if you apply 28 days after your visa expiry then it will not be a problem but genuine reason is must .so it's better if you explain whole story .

tnx SSWZ, I managed to speak to a UKBA advisor for clarification as well. cause the issue is that the law simply says, when leaving without a valid leave, you've broken your continuous and you won't get it. but they do exclude the 28 days or less. so in my case, theoretically speaking it's not a breach of immigration law. the advisor did mention to explain the reason as well.