An overstayer after 373 days or after 8 days?
KENNEDYS LAW – 6 JULY 2023
“Our Client discussed with your Client at the outset the consequences if the new application was refused and he fell into the category of an overstayer.” 373 days.
“With reference to your paragraph 18, we agree that your Client became an overstayer in the UK after the time for an appeal had expired.” 8 days.
THE ANSWER
After 8 days.
https://www.legislation.gov.uk/ukpga/1971/77/section/3C
“A person may not make an application for variation of his leave to enter or remain in the United Kingdom while that leave is extended by virtue of this section.”
The Home Office guidance states – “Section 3C leave continues during any period when: no new application for leave to remain has been made”.
Kennedys Law says the application was submitted during Section 3c leave in an attempt to protect our immigration status – completely contrary to immigration law.
Had the objective been to prevent overstaying UK Migration Lawyers would have submitted a request for exceptional assurance.
GARDEN COURT – 11 JANUARY 2024
“As regards paragraph 18 of the Particulars of Claim, it is admitted that the Claimant was placed on immigration bail. The Claimant is put to proof on his assertion that the Home Office required him to leave the country “by August 2022”; as he was an overstayer with no outstanding applications, he was required in law to leave the country immediately.“
The overstaying began on 9 February 2021 after UK Migration Lawyers’ immigration solicitor submitted a ‘fresh application’ for leave to remain during Section 3C leave without requesting exceptional assurance.
When UK Migration Lawyers repeatedly said we could remain in the country it was done with the knowledge that it was a crime.
When we received the refusal on 23 February 2022, we had overstayed by 691 days (back dated).
It is incredible how they suddenly find their moral compass and want to abide by the law and use it as a weapon. We had to find reputable legal representation to understand what they had done to us – no easy feat considering the corruption, dishonesty and collusion in the UK legal system.
UK MIGRATION LAWYERS’ COMPLAINT FEEDBACK – 16 JUNE 2022
“The SSHD will not seek to remove an individual from the UK whilst an application for them to obtain leave to remain is being processed and a decision is outstanding. This is the policy of the SSHD. Understandably then, when the SSHD refused Mr Friedman’s application he immediately became without leave, and, contemporaneously the protections that an ‘in progress’ application offered came to an end.”
There were no ‘in progress’ protections.
And to round it off Kennedys Law throws in the following allegation:
“With reference to your paragraphs 25 and 26, you say your Client had a “spotless” immigration history. We note he entered the UK as a visitor in October 2019. We note that in his application, your Client would have been required to evidence his intention to depart at the end of his visit. It seems clear from the initial emails Mrs xxx exchanged with our Client, that your Client never intended to return to South Africa and therefore, it appears that the visit visa application was submitted to circumvent the immigration rules and to facilitate a swift entry to the UK. It is likely that this was taken into consideration by the Home Office when your Client submitted further applications and it may have negatively impacted the same.”
UK Migration Lawyers Client Care Letter
LYING IS DIFFICULT
UK Migration Lawyers told us we had overstayed not would become an overstayer. Lying is very difficult – this is the reason these lawyers keep contradicting themselves.
UK Migration Lawyers lied and said we had overstayed (and there was amnesty for overstaying due to Covid-19).
Home Office visa application
