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Overstaying issues (URGENT)

Only for UK Student Visas, formerly known as Tier 4 (General) student visa

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alirezae90
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Joined: Tue Oct 22, 2013 9:41 am
Location: London
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Overstaying issues (URGENT)

Post by alirezae90 » Tue Oct 22, 2013 9:54 am

Dear friend

About a year a go I decided to change my programme from Bachelor to Masters so I had to extend my Tier-4 (3-year) visa by a year to be able to stay in the UK. While I was doing my Masters degree, I was informed that my Tier-4 visa extension was refused so therefore I had to appeal. I appealed for my visa about 7 months ago and have recently been told that the visa was accepted. I did receive my passport and some of my documents about a week ago but I was told that my visa will come later. Now, here is my question:

My plan was to start my PHD in Canada, but due to the fact that the UKBA had to hold my passport for this long means that I have to apply for January's Admissions instead of september, that means staying here for at least before the start of my programme in January.

Do you know whether or not I might be able to overstay in the UK before getting a visa to Canada? From what I understand my visa if issued would be valid until the end of november. Do you know if I can overstay for a month and whether or not this would have any effect on my canadian visa application?

I know you might not be able to help me with these questions, but do you know anyone who I can get some advice on this matter?

PLEASE NOTE: I am an Iranian citizen thus going back to Iran (homecountry) is not an option for me as the Canadian embassy in Iran was closed recently.
Last edited by alirezae90 on Tue Oct 22, 2013 1:18 pm, edited 1 time in total.

quantum1
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Posts: 304
Joined: Mon Oct 17, 2011 5:31 pm

Post by quantum1 » Tue Oct 22, 2013 1:15 pm

Some countries require that people applying for visa from a foreign country have valid leave. However I think your problem will be entry into Canada. why don't you travel from home country or go to Canada before your visa expires? Arriving to Canada as an illegal immigrant in the uk is not going to help you.

sheraz7
Respected Guru
Posts: 2509
Joined: Thu Jan 27, 2011 8:56 pm
Location: UK

Post by sheraz7 » Tue Oct 22, 2013 1:21 pm

If you appealed in time and later won it regardless of the time ukba spent on it it won't make you overstayed. Section 3C protect the applicants from becoming overstayer and time is considered legal residence.
Please donot send PM. Write in open forum to facilitate others too.
REGARDS

Rubablu
Member
Posts: 165
Joined: Thu Oct 19, 2006 12:17 am
United Kingdom

Post by Rubablu » Wed Oct 23, 2013 11:52 pm

you will not be overstayer until you get your final decision. You need at least 3 months or 6 months valid visa ahead when you want apply for Canada from UK.You can visit Canada embassy website for more details.

alirezae90
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Posts: 2
Joined: Tue Oct 22, 2013 9:41 am
Location: London
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Post by alirezae90 » Thu Oct 24, 2013 10:00 am

Rubablu wrote:you will not be overstayer until you get your final decision. You need at least 3 months or 6 months valid visa ahead when you want apply for Canada from UK.You can visit Canada embassy website for more details.
Thank you for your response. Could you please source your answer as I could not find anything on their website about having a 6 month valid visa. This could simply change everything for me so please reference your statement.

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