Help needed

[akashpadmakumar]

I was a student in the UK from (Jan 2016-Jan 2017) and had my visa till May 2017, when my visa was about to get over I wanted to apply for my masters while staying in the UK itself, so I got an information of filing flro from a friend and I did file the flro surrendering my passport to the border force.Then only I realised I cant apply from within the UK and need to go back, but still I couldnt go back and waited for the flro result to come. It came rejected after 7 months on December and I got a letter in it asking to leave UK atonce or i will be removed, I took the fligh ticket within 25 days and came back to India.
So my questions are:
Will this overstay affect me to get a student visa in Canada ??...
How can this be a illegal stay when the border force already have my brp card and passport and knows that I cant travel ?

 

[Bryanna]

I was a student in the UK from (Jan 2016-Jan 2017) and had my visa till May 2017, when my visa was about to get over I wanted to apply for my masters while staying in the UK itself, so I got an information of filing flro from a friend and I did file the flro surrendering my passport to the border force.

Was the FLR(O) form in existence in 2016-2017? Anyways.

Then only I realised I cant apply from within the UK and need to go back, but still I couldnt go back and waited for the flro result to come.

But an FLR(O) is an application to extend the stay from within the UK.

It came rejected after 7 months on December and I got a letter in it asking to leave UK atonce or i will be removed, I took the fligh ticket within 25 days and came back to India.

You overstayed by nearly eight months.

Did you buy your own ticket?

So my questions are:
Will this overstay affect me to get a student visa in Canada ??...

Yes, it will affect your study permit for Canada because you breached the conditions attached to your UK visa.

You probably know this: You have a mandatory ban from re-entering the UK for one-year or two-years (depending on whether or not you left at your own expense)

How can this be a illegal stay when the border force already have my brp card and passport and knows that I cant travel ?

You should have written to the Home Office requesting them to return your passport so that you could leave voluntarily

 

[akashpadmakumar]

Was the FLR(O) form in existence in 2016-2017? Anyways.


But an FLR(O) is an application to extend the stay from within the UK.



You overstayed by nearly eight months.

Did you buy your own ticket?



Yes, it will affect your study permit for Canada because you breached the conditions attached to your UK visa.

You probably know this: You have a mandatory ban from re-entering the UK for one-year or two-years (depending on whether or not you left at your own expense)



You should have written to the Home Office requesting them to return your passport so that you could leave voluntarily

I had student visa till may 2017 then only i applied for flro and i filed it from within the uk ( I cannot apply for my masters from within the uk and had to go back to my home country to do so, I wasnt aware of that while filing the flro ), I did a voluntary return from the uk by contacting the home office and sending them a copy of my ticket when I got the result, they returned my passport only at the airport, there is nothing written on the passport, not even an exit stamp and yes i did buy the return ticket by myself.
So you mean to say there is no point in me applying for canadian student visa ??
I never had any criminal convictions or anything like that while i was in uk or when i am in my home country that is India.
Will I get a visa refusal if i apply for canadian student visa just because of this overstay eventhough i came back voluntary and was just waiting to get my passport to go back ?

 

[Bryanna]

I had student visa till may 2017 then only i applied for flro and i filed it from within the uk, I did a voluntary return from the uk by contacting the home office and sending them a copy of my ticket when I got the result and yes i did buy the return ticket by myself.

It was not really a "voluntary" exit from the UK. You were issued a removal order.

If you had contacted the Home Office shortly after you filed the FLR(O) stating your intention to leave voluntarily, it could have helped. More importantly, did your UK study permit make you eligible to file an FLR(O)? Anyways. What's been done can't be changed now.

So you mean to say there is no point in me applying for canadian student visa ??

You had a UK removal order + you currently have a mandatory one-year ban from re-entering the UK. This has happened very recently.

IMO, you should not apply for a Canada study permit/any other temporary visa until your UK ban has passed (or better still, do wait for some years) + wait until your personal circumstances change significantly so you can convince the visa officer that you will not breach any visa conditions

 

[akashpadmakumar]

It was not really a "voluntary" exit from the UK. You were issued a removal order.

If you had contacted the Home Office shortly after you filed the FLR(O) stating your intention to leave voluntarily, it could have helped. More importantly, did your UK study permit make you eligible to file an FLR(O)? Anyways. What's been done can't be changed now.



You had a UK removal order + you currently have a mandatory one-year ban from re-entering the UK. This has happened very recently.

IMO, you should not apply for a Canada study permit/any other temporary visa until your UK ban has passed (or better still, do wait for some years) + wait until your personal circumstances change significantly so you can convince the visa officer that you will not breach any visa conditions

Yes the removal order was issued and i made a request for voluntary return (It was given in the order either you should go by yourself or will be removed so I contacted them and gave them all the details of my returning journey )and they gave me the passport at the airport, it was actually a big mistake from my side applying for FLRO, yes I did it legally with the help of a solicitor in london.
The lawyer told me there wont be any ban and I can still come to UK even if the FLRO is rejected, So he also gave me false information or else i wouldn't have waited for the FLRO result and would have gone back in the first month itself.
That is why i waited for it to come and came back voluntary.
SO in the current scene If i apply now it will get rejected for sure ?...and I didn't know i have a mandatory ban of 1 yr, so afr 1 yr I can go again to UK ?

 

[Bryanna]

Yes the removal order was issued and i made a request for voluntary return (It was given in the order either you should go by yourself or will be removed so I contacted them and gave them all the details of my returning journey )and they gave me the passport at the airport, it was actually a big mistake from my side applying for FLRO, yes I did it legally with the help of a solicitor in london.

It's unfortunate you had a lawyer who gave you bad advice.

The lawyer told me there wont be any ban and I can still come to UK even if the FLRO is rejected, So he also gave me false information or else i wouldn't have waited for the FLRO result and would have gone back in the first month itself.

The one-year mandatory ban would have come into effect even if you had left within one month i.e. after your student visa expired.

That is why i waited for it to come and came back voluntary.
SO in the current scene If i apply now it will get rejected for sure ?...

Yes. IMO, the chances of you getting a study permit to study in Canada are nil.

and I didn't know i have a mandatory ban of 1 yr, so afr 1 yr I can go again to UK ?

You most certainly have a one-year ban from re-entering the UK.

Unfortunately, your chances of getting another UK visa (short-stay visa) in the future are also almost zero.

To have any chances of being approved for a short-stay UK visa in the future: IMO, you should not apply for any UK visa for at least a few years + you would need to build good travel history i.e. short visits to other visa-required countries (not to tourist countries which are liberal in issuing visas) + establish strong ties in India

You would also need to declare the UK removal order + one-year ban when you apply for a visa to other countries

 

[akashpadmakumar]

It's unfortunate you had a lawyer who gave you bad advice.



The one-year mandatory ban would have come into effect even if you had left within one month i.e. after your student visa expired.



Yes. IMO, the chances of you getting a study permit to study in Canada are nil.



You most certainly have a one-year ban from re-entering the UK.

Unfortunately, your chances of getting another UK visa (short-stay visa) in the future are also almost zero.

To have any chances of being approved for a short-stay UK visa in the future: IMO, you should not apply for any UK visa for at least a few years + you would need to build good travel history i.e. short visits to other visa-required countries (not to tourist countries which are liberal in issuing visas) + establish strong ties in India

You would also need to declare the UK removal order + one-year ban when you apply for a visa to other countries

I have an arranged marriage plan (cause i am from India) to a person in England, She is british citizen Indian with good job and permnt status in England. Will that affect my spouse visa as well ??

 

[Bryanna]

I have an arranged marriage plan (cause i am from India) to a person in England, She is british citizen Indian with good job and permnt status in England. Will that affect my spouse visa as well ??

Visa officers may not accept that you have an "arranged marriage" in the context of today's world. So when you apply for a UK spouse visa, you'll need to prove your marriage is genuine/not a Marriage of Convenience so that you can move to the UK.

IMO, if you marry within the next few months, your UK spouse visa is likely to be scrutinized closely + possibility of an interview