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SolicitorRM, Solicitor
Category: Immigration Law
Satisfied Customers: 1157
Experience:  Director and Principal Solicitor. UK
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I have query regarding uk student visa withdrawal. I

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Hello, I have query regarding uk student visa withdrawal. I understand there is a 28 day period. I applied ny visa extension before my visa expiry. I withdrew my visa application due to emergency family issues as I had to urgently travel back home. I left within 2 days after receiving my passport which under 28 days. Some peple say this is not overstay as I am followimg what uk immigration law is telling and they provide 28 days period for you to pack and leave. Can you please help me in this regards? I am really unware on this aspect of immigration law.
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Hi, thank you for your enquiry. So that I am clear on your question, when you got your passport back from the UKVI, how long did you have remaining on your Tier 4 study visa?

Customer: replied 2 months ago.
My visa had been already expired. I applied for extension before my visa expiry though. I was in kind of bridging visa I guess.

Also did you cancel the application or did you ask for your documents only for purposes of urgent travel but without cancelling the application

Customer: replied 2 months ago.
I informed ukba about my urgent travel and I think whole application was withdrawn as I received my passport along with all my documents.

Thank you for the clarification. I n that case since your immigration permission had already expired, you will be considered you would have been considered an overstayer from the date that you made your request to withdraw your application, not from the date when your immigration permission actually expired. It used to be 28 days but this has been reduced to 14 days. This effectively is a grace period and so when you apply for your entry clearance to return (remember if the Home Office had not considered your application yet they likely would not have used your CAS and if it is within 6 months since it was issued you can use the same to apply) as long as you left within 14 days of the date of your withdrawal the overstaying will not have an adverse impact on your application. I would be grateful for your 5 star rating of my guidance today. Feel free to send me your follow on question if you have one, I am still able to respond to you after your rating, All the best

SolicitorRM, Solicitor
Category: Immigration Law
Satisfied Customers: 1157
Experience: Director and Principal Solicitor. UK
SolicitorRM and other Immigration Law Specialists are ready to help you
Customer: replied 2 months ago.
This situation was long back on 2012. However, there is a specific question, have you overstayed any visa ? For this question, Can I answer it as NO and If I answer it as NO what can be the outcome of this answer being that it was not my intentional overstay as I followed the rules what UKBA has assigned. As you also mentioned there is a grace period where this would be dis-regarded and I do fall under that grace period.
Customer: replied 2 months ago.
If my above question be answered then would be great.

Hi, apologies for the delay in reverting back to you,I must have inadvertently missed the notification. You cant answer No because that would not be true. The implication of saying NO when you did overstay would be the Home Office seeing this as deception and this alone can result in refusal of new application. Disclosing it should not have a negative implication because when you state the dates they will know that the period has to be disregarded. At the time it was 28 days as the rules had not changed.