Overstay on a UK VV by 5 days - refused next time.

[BIGJIMMY]

A friend of mine recently was refused a 6 month UK Visit Visa as the last time his Mrs was in the UK she overstayed by 5 days, I don't think they addressed that in the new application as I believe there was some confusion about the dates, anyway they got refused because of the overstay.

They are married and this will be her 3rd trip to the UK, whats the deal now about reapplying, is there a time restriction or can they apply straight away, within the new application they will explain the situation and address the overstay, will this be enough?

What more can they do?

Thanks in advance

Jimmy friend

[ThaiVisaExpress]

It may well depend on what the ECO has written in the refusal notice, and which paragrpah of the rules the ECO used to refuse the application ( It should have been under paragraph 41). If the ECO has refused under a different paragraph, because of the overstay, then it may well be wrong. It may also depend on whether the ECO thought there was any deceit employed in the application ( for instance, trying to conceal the overstay).

Depending on the above, a new application will have to address the overstay, and hopefully common sense will apply.

I would suggest that, if you can, post the refusal notice here ( removing all personal details first), and we can all then try to assist.

Tony M

[bobrussell]

Clearly without more information it is difficult for anyone to advise.

An overstay that is not covered by an explanation is asking for refusal.

Another factor could be the length of the stay. A short stay and getting the dates wrong should be an relatively easy one to get round IMO. A long stay (extreme example would be six months plus an overstay of 5 days might be seen as an overstay plus an attempt to circumvent the settlement rules. This might not get such a sympathetic hearing!

All depends on the details of the visit and what the refusal grounds were.

As Tony M says the refusal notice would be a good idea. The devil is often in the detail!

[BIGJIMMY]

Thanks for the replies folks, I've since seen the refusal letter (I hadn't when I posted this) and it's pretty clear that it's lack of information on several counts, the overstay and reason for - being the main one, but it turns out there were a few other little issues.

We still have the question of - can you apply again straight away or do you have to wait some time i.e a month etc??

Thanks

[ThaiVisaExpress]

Thanks for the replies folks, I've since seen the refusal letter (I hadn't when I posted this) and it's pretty clear that it's lack of information on several counts, the overstay and reason for - being the main one, but it turns out there were a few other little issues.

We still have the question of - can you apply again straight away or do you have to wait some time i.e a month etc??

Thanks

You can apply whenever you want, but you ( they) will need to address all of the issues ( the reasons for refusal). Otherwise, it will just be refused again.

[7by7]

From the Op:

A friend of mine recently was refused a 6 month UK Visit Visa as the last time his Mrs was in the UK she overstayed by 5 days.....

How would his wife overstaying effect his visa application?

Or do you mean his wife recently applied and was refused?

[BIGJIMMY]

both those 7by7, basically last time in the UK she overstayed and they recently applied for a 6 month and got refused, I hadn't seen the letter when I posted the question but I have now and it's clear that the overstay was the main reason, it wasn't addressed in the application and there were also a couple of other issues which caused a problem, so he's okay now with what he has to do and thank you Thaivisaexpress for answering the question of - can they apply straight away again etc, they will do but of course will address all of the issues raised in the refusal letter.

Thanks folks, golden answers as always.

Jimmy and his mate Kev.

[7by7]

I'm still confused.

Who applied for a visa and was refused?

Your friend?

Or his wife?

Or both; one application each?

Edited February 22, 2014 by 7by7

[BIGJIMMY]

My friends wife.

We're good now thanks, questions answered.