Question about overstay - Ent Ext Form

[Gladiator21]

Hi all,

I am filing my application for T1 Entrepreneur Ext and came across a question on Page 18, Question D8
'Have you ever stayed in the United Kingdom beyond the end of your period of leave?'

My initial application for Extrepreneur visa was refused and my appeal was not allowed too by First Tier Tribunal. I was given 28 days to make a fresh application which I did and succeeded.

So my question is was I over stayer during this 28 days and shall I say YES/NO to the question mentioned above? There is a space in the form to describe and provide dates of over stay if I say YES

Your help will really be appreciated to make me understand this issue.

Thanks

[noajthan]

It appears you overstayed so: Yes.

[FSD]

i think you are not over stayer as you applied within 28 days given by HO and you got your visa. Did you declared yourself as over stayer in your last successful application? if not then how you can be now over stayer. Senior members can correct me if i am wrong.

[Gladiator21]

Thanks for replying to my queries.

Yes I have applied within 28 days after the decision by tribunal and got my visa in my second attempt after 1.5 months.

No I didn't declare over stayer in my last application because I applied within 28 days. But I'm not sure how would that period between after making my application until got my visa be considered.

[cappachino]

Thanks for replying to my queries.

Yes I have applied within 28 days after the decision by tribunal and got my visa in my second attempt after 1.5 months.

No I didn't declare over stayer in my last application because I applied within 28 days. But I'm not sure how would that period between after making my application until got my visa be considered.

No you are not an over stayer
You were covered under section 3c.

[vinny]

It appears you overstayed so: Yes.

Agree.

[noajthan]

i think you are not over stayer as you applied within 28 days given by HO and you got your visa. Did you declared yourself as over stayer in your last successful application? if not then how you can be now over stayer. Senior members can correct me if i am wrong.

This is a common misapprehension.
And getting it right is fundamental to success on any visa route.

All who believe its a No would be well-advised to take note of the helpful link Moderator vinny posted above.

Answering No in such circumstances could be interpreted as deception instead of ignorance and/or honest mistake.

The concession to overlook such an overstay does not wipe the slate clean (and there may be future consequences); its simply an example of British fair play in action.

[zimba]

Yes, your sectoion 3C ended when appeal was rejected. Since then you were an overstayer until visa approved again.