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Frantz I
Frantz I, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 404
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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I was a Tier 4 student in UK doing my MBA. My visa expired

Resolved Question:

Hi,
I was a Tier 4 student in UK doing my MBA. My visa expired on the 15th of June 2016, but I left the country only on the 18th June 2016 (3days to extra). I am now trying to apply for a Tier 1 graduate Entrepreneur visa through university. I got my business endorsed by university but they are keeping it on hold since I overstayed by 3 days. Could you advise on what can be done now? When I checked online on the UK IMMIGRATION LAW, it said that there is a 28 day grace period after the expiry of the visa in UK.
Please let me know what excuse can I give to proceed with this.
Thanks and Regards
Mohamed Nishal
Submitted: 10 months ago.
Category: Immigration Law
Expert:  Frantz I replied 10 months ago.

Hello

Thank you for your enquiry.

There is a 28 days grace period which means that the Home Office will disregard the 3 days you overstayed. You should not give excuses but you may be required to say why you overstayed.

Customer: replied 10 months ago.
Thank you Frantz. To be honest, I had a concert to attend on the 16th and I had my tickets booked for the 18th. Should I tell that as the reason for over staying? Or should I mention that I had some personal commitments to finish and they got completed only by the 17th.
Expert:  Frantz I replied 10 months ago.

If you are asked to give the reason for overstaying you must say why. I am not suggesting you would but you must not mislead or attempt to mislead if you were asked to give reasons.

Customer: replied 9 months ago.
Thank you Frantz. My university is refusing to give me my endorsement now because I overstayed by 3 days. Is there something I can do? Or I need to give a valid excuse, and I have none. Could you help with any?
Customer: replied 9 months ago.
Also, could you quote any law that states that a 28 day grace period exists and it wouldn't affect my visa application.
Expert:  Frantz I replied 9 months ago.

I am happy to answer further questions when previous questions have been rated.

Frantz I and other Immigration Law Specialists are ready to help you
Customer: replied 9 months ago.
Alright, I have provided the rating. I will give additional feedback once my issue is resolved.
Expert:  Frantz I replied 9 months ago.

Have a look on here for answers to your question.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/488199/Overstayers_v6.0EXT_clean.pdf

Customer: replied 9 months ago.
Thank you Frantz. The document says that the 28 day grace is valid only if I had made an application for extension before my visa expiry. Is that true?
Expert:  Frantz I replied 9 months ago.

If you made your application before your visa expires then there would be no requirement for a 28 days grace period. I really cannot go on and on about this anymore as I have explained in numerous answers the 28 days grace period is in place for those who have made an application after their visa has expired but before the end of 28 days not to be penalised as would be the case for overstayers.

Customer: replied 9 months ago.
Thank you Frantz. I am sorry, I have been asking too many times. What you mentioned earlier makes sense, which is what my stage is right now. I over stayed for 3 days, but I could not make an application before the 28 days. I want to make an application now, so what would be my penalty?

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