When does 'overstay' begin?

[adshahmat]

Hi All,

Quick question; I'll try to be as succinct as possible:

My wife's ILR (Settlement) application has been refused. We were on the five-year route.
FLR visa ended on 21 December 2017. Applied for ILR on 11 December 2017. The decision took almost nine months.

Refusal letter from the caseworker dated 03 September 2018
We received and signed for the letter on 06 September 2018

When did her 'overstay' period officially begin?

Voluntary Returns don't seem to know. Any advice from someone who does actually know would be much appreciated.

[Djsuccess]

Hi All,

Quick question; I'll try to be as succinct as possible:

My wife's ILR (Settlement) application has been refused. We were on the five-year route.
FLR visa ended on 21 December 2017. Applied for ILR on 11 December 2017. The decision took almost nine months.

Refusal letter from the caseworker dated 03 September 2018
We received and signed for the letter on 06 September 2018

When did her 'overstay' period officially begin?

Voluntary Returns don't seem to know. Any advice from someone who does actually know would be much appreciated.

why was the application refused? Did the refusal letter state that your wife should leave the country? is there an option for admin review or any other process to appeal the decision?

[adshahmat]

Thanks for the reply...

Right to appeal, yes, but only after she leaves the UK. We've been told that this is quite rare; it's a very harsh refusal.

Refused on financial requirements only. I'm financially secure and stable, and have always relied on the cash savings (Category D) route. It's by far the most convenient option for submitting documents.

Unfortunately, I made a really silly (but honest) mistake last year - I didn't liquidate assets into an appropriate cash savings account in time. The required £35k has been sitting there for about 10 months now, but it wasn't there for the full six months prior to the application date.

No leniency or discretion shown by the caseworker. But ultimately, it was my silly mistake - and, boy, have we paid the price! Settlement on one hand, "get out of the country within seven days" on the other.

[vinny]

See also overstay.

[adshahmat]

Thanks Vinny

[adshahmat]

Hi All,

Quick question; I'll try to be as succinct as possible:

My wife's ILR (Settlement) application has been refused. We were on the five-year route.
FLR visa ended on 21 December 2017. Applied for ILR on 11 December 2017. The decision took almost nine months.

Refusal letter from the caseworker dated 03 September 2018
We received and signed for the letter on 06 September 2018

When did her 'overstay' period officially begin?

Voluntary Returns don't seem to know. Any advice from someone who does actually know would be much appreciated.

[CR001]

Hi All,

Quick question; I'll try to be as succinct as possible:

My wife's ILR (Settlement) application has been refused. We were on the five-year route.
FLR visa ended on 21 December 2017. Applied for ILR on 11 December 2017. The decision took almost nine months.

Refusal letter from the caseworker dated 03 September 2018
We received and signed for the letter on 06 September 2018

When did her 'overstay' period officially begin?

Voluntary Returns don't seem to know. Any advice from someone who does actually know would be much appreciated.

Why have you posted a duplicate post asking the same thing? Did you click and read the link that vinny has already provided??

[adshahmat]

Yes, I did click that link... and I've no idea why the same message posted twice.

An error? A mistake? These things happen. And BTW, Vinny's link didn't answer my question.

Why are you being so aggressive?

[adshahmat]

For anyone interested, 'overstay' officially begins from the date on the letter of refusal. The Voluntary Returns Service confirmed this.

In my wife's case, 3rd September. Interesting, because technically she was committing a criminal offence while the letter was going through Royal Mail's system.

Hopefully, they won't penalise her for this.

[vinny]

I think that it may begin when the person receives the written refusal notice.

Court of Appeal: visa conditions do not count unless notified in writing > Anwar v Secretary of State for the Home Department [2017] EWCA Civ 2134 (15 December 2017).