Overstay leading to student visa refusal and successful re-application
A student applying for a UK student visa had his initial application refused due to an overstay of over 28 days. The overstaying was inadvertent and primarily caused by his mother, who was assisting him with his immigration and travel arrangements. During that period, she was experiencing significant personal difficulties, which led to her overlooking the overstayed period.
Overstaying beyond 28 days can often be classified as a serious immigration offence, potentially leading to visa bans or refusals. The student’s initial refusal was based on this overstay, which raised concerns about compliance and legitimacy of the new application.
We carefully examined the circumstances, including the reasons for the overstay and the personal challenges faced by the mother during that period.
- Compelling Evidence
To address the overstay, we compiled comprehensive documentation demonstrating it was a genuine error rooted in extraordinary personal circumstances. This included medical records, evidence of the mother’s difficult life events, and affidavits explaining her state of mind and the supporting role she played in assisting her son. - Addressing the Seriousness of the Offence
Recognising the gravity of a breach of immigration rules, we emphasized the genuine error and the absence of any intention to circumvent immigration laws. We presented the documentation to show that the overstay was unintentional and due to exceptional circumstances.
Reapplication and Submission: We submitted a new visa application from the US, including the supporting evidence. We also explained the circumstances surrounding the overstay and highlighted the steps taken to rectify the situation, demonstrating compliance and good faith.
Outcome
The UK Home Office reviewed the evidence and granted the visa approval. The student received his visa shortly after the application was submitted, allowing him to travel to the UK and commence his course just three days later.
Conclusion
This case highlights how compassionate, well-documented applications can successfully address issues of overstaying, even when it involves serious offences. Clear evidence of genuine errors and extraordinary circumstances can persuade immigration authorities to reconsider refusals and grant a new visa.
Stay Connected
Get the latest insights on global immigration delivered straight to your inbox
