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-   -   U.K. Overstayer and re (https://www.fodors.com/community/europe/u-k-overstayer-and-re-1277611/)

kenzy12 Apr 15th, 2017 05:41 AM

U.K. Overstayer and re
 
Hello to everyone. I overstayed my uk tourist visa for about 10 months and decided to return voluntarily. However during my exit in February 2016, I did not meet any immigration officer at the Heathrow Terminal 3 before boarding the plane. I just went through the normal boarding process everyone went through without getting my passport stamped as an overstayer. Now I have gained admission to study a master's program in September in the uk and would like to make an application for a visa at the uk embassy In my home country. Is there any likelihood that the visa officer might know I overstayed my first visa even though nothing shows in my passport? Any help please? Thank you.

hetismij2 Apr 15th, 2017 06:42 AM

Your exit will have been registered by the airline, and logged with the UK immigration.
The only way you will know if you can get your visa is to apply.

kenzy12 Apr 15th, 2017 08:44 AM

Okk thank you Hetismij2. That means I do not have lie in my application right?

PatrickLondon Apr 15th, 2017 09:29 AM

Lying is rarely a good idea in such circumstances. If you're caught out, you'll have stymied your chances of future admission.

janisj Apr 15th, 2017 09:31 AM

>>That means I do not have lie in my application right?<<

You darn well better not lie on the application.

janisj Apr 15th, 2017 09:32 AM

oops -- didn't see Patrick's post

ditto

nyse Apr 15th, 2017 09:49 AM

One never "has to lie."

It is always a choice, and usually a poor one.

kenzy12 Apr 15th, 2017 10:50 AM

Okk thanks everyone. I appreciate your responses. Thanks.

Dogeared Apr 16th, 2017 07:54 AM

On the application, you are going to have to answer these questions:

" 7.1 Have you travelled to the UK in the last 10 years?
Yes No
If yes, provide details of any trips in the UK. Include the date, destination, purpose and duration."

"7.3 For either the UK or any other country, have you ever been:

• Refused a visa
• Refused entry at the border
• Refused permission to stay/remain
• Deported
• Removed
• Required to leave
• Excluded/Banned from entry
Yes, I have had one or more of these
No, I have never had any of these
If yes, please provide details of which of the above, when this happened, what country this was in and
any further details, for example why this happened or a reference number if you have one

I confirm that I have included information on problems with immigration, offences etc listed in
question 7.3 that I have had."

Next is:

"7.4 In the last 10 years, have you made an application to the UK for:

• a visa or entry clearance
• leave to enter
• leave to remain
Yes No
If yes, please provide details of which of the above, what you applied for, whether you were successful
(for example were you granted a visa) and any further details. For example, why this happened or a
reference number if you have one."

So, if you answer all 3 of those truthfully, it will be clear that you have overstayed. You can answer 7.3 truthfully that you have never been required to leave or banned, but 7.1 and 7.4 will make it clear that you did in fact overstay, you just didn't get caught doing so.

Chances are, you will be refused a student visa unless you can come up with a very convincing argument for why you had to overstay before and why you will not overstay again.

Now you can choose to lie on the application and say no to 7.1 and 7.4 and hope they do not check and see you did in fact apply for a visa previously and you did in fact overstay that visa. But the chances are that you won't get away with that, they'll find a record of your stay.

So here's the thing kenzy12. You broke the law by overstaying and are now looking at having to pay the price for that. Or as they like to say on old UK tv police shows, 'You're nicked.'

Alec Apr 16th, 2017 09:36 AM

Yes, you will have to declare your overstay. While it doesn't mean automatic refusal of your Tier 4 study visa, it will impact negatively. I suggest you attach a brief letter of explanation of the circumstances, taking full responsibility and expressing regret. Then you may have a chance, but the decision whether to issue a visa or not lies with Entry Clearance Officer of the UK Visas and Immigration, part of Home Office.

kenzy12 Apr 18th, 2017 10:46 PM

Thanks to everyone about your responses. I really appreciate it. I think I have to go with the truth to prevent further complications. Hopefully everything turns out well for me. Thanks to everyone on this platform. BlesS

PatrickLondon Apr 18th, 2017 11:15 PM

Subject to any comment Alec has, I suspect one of the major factors in dealing with an application for a study visa from you would be whether your overstay indicates an intention to try to remain permanently on completion of your master's. (It's complicated further by the fact that this government counts students as immigrants within the stringent target maximum it's trying to keep numbers down to).

In which case, if there's any solid evidence you have that your master's is something you're doing to further a career back home, it would be worth including it.

OReilly Apr 19th, 2017 01:01 AM

As an occasional watcher of Border Patrol...

They will of course know that you overstayed, so don't lie.

They will also grill you on whether or not you worked during that period and intend to work during or after your course.


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