Stayed longer than requested on a UK Student Visitor Visa (Urgent)

[themagusofphraxos]

In April 2015, I applied for a student visitor visa (Short-term student visa now) to attend my Phd viva. I had only intended to stay three weeks and this was mentioned in the application. Unfortunately, I was asked by my examiners to correct substantial portions, and resubmit my thesis for a fresh viva in the following year (now). Since the date of expiry on my visa was over 5 months away, I decided to stay in the UK to access the library and other university resources. I left a day before the expiry date (October 2nd).

I have to return to the UK in April to resubmit the thesis and attend a fresh viva. It has been pointed out to me that I would have problems with the application as I stayed longer than I intended. What should I do at this point? Should I mention this in the new visa application?

I am extremely disappointed to know that I committed mistakes that I didn't know was consequential. My friend has scared me and now I am worried that I won't be able to access the university facilities before resubmission or attend the viva in person. It is very difficult to have a viva through skype or other means as it isn't advised and often results in failure. This would be my fifth application for a UK visa. I haven't been refused before and I have not overstayed or broken any law. I intend to submit a cover letter with the application explaining that as I was unexpectedly asked to resubmit my thesis with major corrections, and because I was given a six-month visa, I erroneously assumed that I could stay for that period to access the university facilities. Is that ok, or do I have to furnish it with any other information? I have received a certificate of enrolment from the university along with a letter confirming the resubmission requirement. Would this be enough, or is it still likely to get rejected? If so, what would be my options? I really want to finish this PhD as I have been working hard on it for years. Please advice as I am making the application this week. Thank you.

[7by7]

Ignore your scaremongering friend!

As long as you left the UK when or before your previous visa expired, you have not broken any rule or law.

However, staying longer than originally stated may damage your credibility in future applications UNLESS you have a valid reason for doing so.

Which you have.

Simply explain in your next application why you stayed longer than originally intended, and if you have any written evidence to show this include that as well.

[bobrussell]

As long as you have not overstayed the visa then there are no legal implications. What you will have to do is explain why the stay was longer than originally intended.

If you used the time constructively in study then provide evidence to confirm that! Study visas are designed for study and it seems that is what you have done.

I would be very disappointed if this was held against you!

Edit: 7by7 beat me to it!

Edited March 5, 2016 by bobrussell

[themagusofphraxos]

Thank you for replying so quickly. I do hope that's the case, but I do have a doubt regarding how much explanation I should include in the cover letter, as I read somewhere previously that including too much information can get your application rejected. I don't know if this is really the case, or simply another instance of scaremongering. I was going to write something like this:

Dear ECO,

1) I would like to clarify an aspect of my previous visa application for the Student Visitor visa. In my application, I had requested permission to enter the UK for a period of three weeks as I expected to complete the viva examination process and other paperwork within that period. Unfortunately, after the viva, my examiners suggested the resubmission of my thesis with major corrections, and I was given a period of 18 months to do so. Since I was granted a visa for close to six months, I thought it would be acceptable to use this time period to access the library and other university facilities to assist me with my corrections. I left the UK before my visa expired. It has since been pointed out to me that this was a mistake on my part, and I should have informed the Home Office of the viva decision as well as the change of plans. At this point, I can only apologize for my error in judgement, and I request you to consider this explanation. During my stay, I didn't work or use public funds, and didn't break any other stipulations attached to the visa. I was financially supported by my family during this period.

I require a period of one month to access the university library and other facilities to complete the thesis revision. Once I submit, the university suggests a maximum of 2 months for setting up the viva. To avoid the mistake of my previous application, I am requesting a stay of 4 months so as to account for all possibilities. Between the period of resubmission and the viva, I will spend my time at the library to be adequately prepared for the examination, and to ensure a positive outcome. In all likelihood, the entire process should be completed in three months, and I would leave the UK soon after. Nevertheless, I would like to assure you that I would inform the Home Office in writing once I submit my thesis and a viva date has been fixed. Details of my finances have been included with the application. Please contact the university research division at xxxxxxxxxxxxx for any information regarding my research.

I intend to return back home as soon as the viva is completed. Though I have time till October to finish my thesis, I have worked hard to complete it early so that I can begin employment at one of the many universities here. I have worked hard on my thesis, and I hope you will consider my request to enter the UK for a short period to complete my PhD degree.

2) Since I can't obtain a short-term accomodation for 3-4 months without a visa, I have booked a hotel for two weeks. I intend to get a short-term rented accomodation within this period. I will inform the Home Office in writing with details of the new address. This address can also be verified from the university. For any other information regarding my research and the examination process, please contact the university research administration at xxxxxxxxxxxxxxx.

Do you think something like this is adequate? Should I delete/add any other info?

[7by7]

It is not true that too much information can get an application rejected; and I believe that it is better to provide something the ECO doesn't need rather than miss out something they do.

However, having said that, the ECOs only have a limited amount of time to process each application, and if they have to look through too much which is irrelevant they could easily miss something which is vital!

In my opinion, your letter is too long.

There is no need for you to say why you did not inform the Home Office of your change in plans during your last visit, because there was no need for you to do so. You were granted entry for 6 months and did not stay beyond that.

I suggest:

"I would like to clarify an aspect of my previous visa application for the Student Visitor visa. In my application, I had requested permission to enter the UK for a period of three weeks as I expected to complete the viva examination process and other paperwork within that period. Unfortunately, after the viva, my examiners suggested the resubmission of my thesis with major corrections, and I was given a period of 18 months to do so. Since I was granted a visa for close to six months, I decided to use this time period to access the library and other university facilities to assist me with my corrections. I left the UK before my visa expired.

For this visit, I require a period of one month to access the university library and other facilities to complete the thesis revision. Once I submit, the university suggests a maximum of 2 months for setting up the viva. To avoid the mistake of my previous application, I am requesting a stay of 4 months so as to account for all possibilities. Between the period of resubmission and the viva, I will spend my time at the library to be adequately prepared for the examination, and to ensure a positive outcome. In all likelihood, the entire process should be completed in three months, and I would leave the UK soon after."

If you have any documentation from the university, tutors or examiners to confirm any of this, simply add "Please see enclosed documents from xxxx" and enclose them.

As for your accommodation and finance for the visit, that is all included in the form; but if you wish to expand on that in your letter, it wont hurt. But keep it short and to the point.

[themagusofphraxos]

Thank you very much for taking the time to reply. I will write an update once UKBA reaches a decision.