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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7626
Experience:  UK Lawyer holding practising certficate for England & Wales.
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There,I want to check about the possibility of being

Resolved Question:

Hi there,
I want to check about the possibility of being rejected my UK student visa due to overstaying my previous one. I overstayed because I was undergoing some mental breakdown and I live alone without seeking professional help. I live in our family apartment bought in London but now I'm back at home in Malaysia to apply for the said visa. I did not have any issues leaving the UK and I was never served any notice of overstay or stopped at the airport. I can't prove my case as I did not seek professional help. I am also applying with proof of finances and all that satisfy the requirements for the visa.
As for the dates, my visa expired 30 Jan 2015 and I returned to Malaysia 16 Aug 2015
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your patience.
How long did you overstay fo
What visa are you applying for now?
Kind regards
Tom
Customer: replied 2 years ago.

The previous visa expired 30 Jan 2015 and I stayed till 16 Aug 2015. I'm applying for the Tier 4 (General) visa.

Expert:  Thomas replied 2 years ago.
OK, thanks.
Did you pay for your own flight back, yes?
Customer: replied 2 years ago.

Yes I certainly did. Also I've been living in our family owned apartment

Expert:  Thomas replied 2 years ago.
Okay.
How old were you when you left the UK please?
I should be able to answer after you next reply.
Tom
Customer: replied 2 years ago.

24 years old but also for your information this is my 2nd student visa and I'm applying for a 3rd as I am planning to do a second Masters programme. I have never overstayed my previous visa before until the 2nd one

Expert:  Thomas replied 2 years ago.
Drafting your answer now. 5 mins please.
TOm
Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
I’m afraid that it is not good news.
Because you overstayed for more than 90 days and were 18 at the time, under rule 320(7B) then any application would be subject to refusal if you applied within 12 months of the date that you. This means that the application would be automatically rejected if you applied at any time before 13 August 2016.
If you applied after 16 August 2016 then although the application will not be immediately rejected it’s still going to be very difficult because they can rejected on the basis that it would not be conducive to the public good to give you a visa under 320(19) or if they consider their were aggravating factors to your overstay under s320(11).
You would have to instruct a UK based immigration solicitor to prepare the application to give you the best possible chance and to mitigate the overstay by explaining what happened and your circumstances at the time. If you could prove your mental health difficulties at the time then your chances would be improved.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
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