What is classed as an overstay?

[THRG]

A friend of mine has just been refused a second tourist visa for his close relative. One of the reasons was the embassy say she overstayed on her last visit.

Last time she came to England she asked for a 3 month visit on the letter to the Embassy. She was given a standard 6 month visa. She stayed for 5 and a half months. They embassy have said because she only asked for three months that by staying 5.5 months they saw this as an overstay? Can this be right?

I ask this because I also asked for a three month visit for my girlfriend. She did return after three months. Her visa does not run out until 11/11/15 so she is returning on 28/09/15 for another month and to also do the grade 2 English exam. Will my girlfriend have a problem with her next visa because she has returned to the UK and stayed longer than we originally asked?

Thank you

[gandalf12]

When it goes 1 minute past midnight on the last day of the visa is overdue. For example if you visa is upto 1st January then if you have not passed Immigration on the way out by midnight technically you have overstayed.

In the example you give the visa was for 6 months so she had the right to stay for that period. Her intention was originally for 3 months but the permission was given for 6 months, so no she shouldnt have a problem. Immigration may need an explanation as to why she applied for a 3 month stay but stayed an extra 2 1/2 months. With a valid reason she should have no problem.

[7by7]

Legally your friend's relative did not overstay, as long as she left the UK on or before the date her visa expired. People's plans do change, and they do end up staying in the UK for longer than originally intended.

However, saying she intended to stay for three months in her application and then staying for 5 and a half could damage her credibility in future applications; especially if she had originally said she had to return to Thailand by a specified date for work, university or similar.

However, had she explained in this application why she stayed longer than originally intended on her previous visit and how she was able to do so, then I doubt she would have had any problems. Many members here have friends or relatives who have done this and been granted their next visa without any questions.

Having said that, to make any specific comments on her case we would need to see the actual refusal notice and exactly what the ECO said.

As for your girlfriend, most UK visit visas are multi entry. If hers is it will say 'MULT.' If not there will be a number instead and this is the number of entries allowed with that visa.

So, assuming her visa is not limited to a single entry, she will not be in breach of the immigration rules if she uses it again; as long as she leaves the UK on or before the date it expires.

But in her next application she should say why she did so and how she was able to do so.

[bobrussell]

Worth posting the refusal document (with personal details removed).

Under no circumstances could this be considered an overstay. It is simply staying longer than was anticipated!

If it is the only reason given then this should be challenged, not least because it is totally incorrect under immigration law. It is a good idea to explain why the stay was longer than expected but it is not necessary to do so. The applicant has done nothing wrong! Six months plus a day is an overstay (but not crime of the century) six months less a day is completely legal.

If the ECO believes this is an attempt to by pass the settlement rules then he or she has a requirement to state this clearly in the refusal.

[Basil B]

Must agree the wording of the refusal note is important...

She did not overstay, but justifiable to refuse on the discrepancies of the previous application which may be what was cited on the refusal note.

[theoldgit]

Inaccurate and insulting post removed along with couple of measured responses.

This is a forum for adults, kindly don't post your bile here.

[theoldgit]

As previous posters have advised the person didn't actually overstay, but by staying for longer than advised in the initial application, they have called the evidence submitted in the subsequent application into question.

The team here always advise that is a visa holder has to stay longer in the UK than originally intended, they should be proactive by providing an explanation in subsequent applications.

[THRG]

Thank you everyone. I will make sure on my next visa application that we give the reason for my girlfriends return was to take the English Test. Hopefully we will be able to provide a pass certificate to verify this.

My friend was given a couple of other reasons for refusal including, being overdrawn for one day in the last six months and the relative he wishes to sponsor being unemployed.

[bobrussell]

Once again the actual detailed wording can count here! The devil is in the detail!

Being overdrawn for a day would not be enough to result in refusal but could be taken into account if the ECO has reasons to believe the visit is not affordable. Lack of employment can be an indicator that there are issues with reasons for the applicant to return.

For real help it is generally necessary to see the exact wording (not applicants details etc) and I promise this is not for the experts to be nosey, nor an excuse for the more challenged out there to take a pop at the original poster!