Regarding student visa and query for overstay

Have you spoken to the Embassy?

There is also no need to post the same message again, just once will do. Your other post has been deleted.

SimCityAT
Expert Team

Sorry I didn't knew it was posted.  I clicked the back button and was confused that i clicked aubmit or not. I apologise

I sent a mail to them, but it's been months and they have not replied.

Hi Apoorva and welcome to the Forum.

The UK authorities are being very strict in their interpretations of UK immigration laws, so if there is anything potentially untoward with your application (like a previously perceived overstay), it is almost certainly going to cause you issues in a later application, which is leading to some unhappy applicants.  Plus, since Brexit, they have received hundreds of thousands of applicants for either citizenship or residency from those EU citizens already in the UK, which is causing long backlogs in dealing with questions from outside.

All you can do is to persist with the authorities to get them to review your case; if you have any family already in the UK, perhaps get them to contact their own Member of Parliament to intervene on your behalf and at least get a written explanation as to what has gone wrong.

Hope this helps.

Cynic
Expat Team

Thank you for your response.  I don't have anyone there. Should i send a letter to home office from India regarding the same?

Because I need to have something in written as if I am applying in any country...first thing they want is the justification of days that we stayed after the refusal.

Apoorva24 wrote:

Thank you for your response.  I don't have anyone there. Should i send a letter to home office from India regarding the same?

I would send a letter; perhaps you should also consider other English speaking countries (i.e. NZ, Australia, Canada or the USA) where your previous immigration issues won't cause you a problem?

Apoorva24 wrote:

Because I need to have something in written as if I am applying in any country...first thing they want is the justification of days that we stayed after the refusal.

The justification is self-evident, you were pregnant and waited till your baby was born, then you returned, it's not as if you were deported; the issue will be whether the person who told you it was OK to overstay made a record of his advice that you can provide to the Home Office; without that evidence, I think you may struggle.

Yes I know it would be a struggle without this evidence as when I consulted an overseas agency for process to Australia,  they wanted the same justification. Everywhere they want the proof of those 72 days.

Then I think there is no simple answer to your problem; I'm sorry.

One other question - who is this "case worker"; is he a UK Government employee?

The case worker is the person from the home office volountary departure team. After the refusal I was told to Contact the voluntary departure for our passports and this person was responsible for the process of our departure. I was in regular contact with him and told everything about till where my process was going. I asked him numbrr of times about this 90 days thing and he always said that within 90 days nothing would happen.he even said that if you don't receive baby's passport within 90 days then we will give you some more days as not having baby's passport is a genuine reason. I am glad thaf we received it within 90 days but fir all this I don't have any official document as a proof.

What I suspect is that the "nothing would happen", refers to the issue when you were faced with the situation of becoming an illegal resident in the UK; it hasn't stopped you becoming a person on their database that has impacted negatively on your ability to apply to return.

All I can suggest is that at the top of this page are links to various sections of our website, the Handy Tools link will give you further options to select, one of which is our Business Directory of firms who are advertising their services, one of which is related to immigration legal issues; this link will take you straight there.  I'm not recommending any particular business, they will charge for their services, but I honestly think your problem is beyond anything that anybody on the Forum can help with.

Hope this helps.

Thanks a lot for your time and effort.  It feela so bad that people who were doing work in Uk genuinely and had strong reason for extention and came back to home country following all laws are struggling so much and those who are staying just by filing case and appealing.... Extending time on no grounds...working in construction on cash are living in UK with no fear.