PBS Dependent Visa - Overstayed/Refused Visa



  • I want to know if I apply for Tier 4 Dependent Visa will I get refusal for overstaying. Sorry for the long post. Below is my Immigration History.

    I entered UK in Jan 2008 as student. My last visa issued was Post Study Work which expired on 30th Dec 2012. I applied for Tier 1 Entrepreneur Visa on 12th Dec 2012 before the leave expired. The application was refused on 14th June 2013.
    I exercised my right of appeal in First-Tier Tribunal and the appeal was allowed on 30th Oct 2013. But the Secretary of State appealed against First-Tier Tribunal decision in Upper Tribunal and the decision was reversed on 27th June 2014 and my appeal was dismissed. I challenged the Upper Tribunal decision in Court of Appeal. The Case was pending for Oral Hearing in the Court of Appeal in June 2015.
    Meanwhile I was offered a Job by a Tier 2 sponsor company. Hence I withdraw my appeal from Court of Appeal on 2nd April 2015 and made a new application for Tier 2 General on the same date. The Court of Appeal accepted the withdrawal on 10th April 2015 only. Unfortunately my application was considered invalid on 9th June 2015. I received the decision letter stating I have an outstanding appeal with Court of Appeal. So I made another fresh application on 19th June 2015 and attached the original Court of Appeal withdrawal letter along with. On 30th June 2015 to my dismay I received another decision letter stating the same previous reason that I have an outstanding appeal. I requested for reconsideration of my application and on 10th August 2015 I received decision letter from HO that my application has been refused because I have overstayed in UK.
    "Although your leave to remain was expired on 30 Dec 2012, your leave was extended under section 3C of Immigration Act 1971 until 10 Apr 2015. You did not submit a valid application for leave to remain until 19 June 2015. This was more than 28 days after the date your previous leave was extended to by virtue of Section 3C of Immigration Act 1971."
    To challenge the decision I applied for Administrative Review but in vain. Then I went for Judicial Review. While my Judicial Review was still going on I withdraw my application and returned to India voluntarily on 20 Apr 2015.
    Now my wife has been offered a place in UK University for MSc program. I'm planning to apply for mine and her visa.


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