Old visa expired before Unmarried partner application made

[kaeliathane]

Hi,

I was previously on a post study work visa, which I thought expired on the 9th of February. I was going to post in my application for an unmarried partner visa tomorrow 8th of February). This morning I checked my old visa and realized that it actually expired on the 5th of February.

Is my application going to be automatically refused because I've overstayed my old visa, even if explain that it was a genuine mistake? And if I go home to my home country in the next few days, and make an application from there, will they still reject it because I overstayed my visa? I called the Home Office, and they weren't really forthcoming with an answer.

Any help would be appreciated.

[Casa]

It's worth applying as the case worker is able to use discretion and may therefore grant the UPV if everything else is in order with the application.
If you decide to apply outside of the UK you won't be subject to a refusal due to the previous visa expiry if you're applying for an Unmarried Partner Visa. However, bear in mind you need to comply with the new A1 English test before applying from within and outside of the UK unless you come under one of the exempt categories.

[kaeliathane]

Thanks, that's a relief. I'm a Canadian national, so the language thing isn't a problem. If I were still to apply in the UK, what would be my immigration status?

[geriatrix]

If I were still to apply in the UK, what would be my immigration status?

Since you have not made an in-time application for leave to remain, you are already an overstayer. Submitting an out-of-time application will not change that!


regards