Post
by madona587 » Fri Dec 09, 2011 2:30 pm
Greenie wrote:madona587 wrote:Greenie wrote:madona587 wrote:
If thats the case technically you are an over stayer. But I believe you can make a out of time application with a new COS. There are few threads here about it. Search.. I'm not exactly sure about the procedure.
You can also try out of country in which you will need a restricted COS and RLMT I think and its a bit more complicated.
If you are to apply again make it clear that you have over stayed though
from what I read here UKBA is been helpful with
Until your application is decided you can't jump into any conclusions. So do the necessary research and keep your employer of possible outcomes.
How is he an overstayer if he made an application to switch from tier PSW to tier 2 in October?
He applied for TIER2 in October and his PSW already expired. (1 Dec, 2011) If he gets refused for TIER2 doesn't that make him an over stayer? At least technically?
You said: In that case technically you
are an overstayer. He is not currently an overstayer because he has made an in time and presumably valid application and therefore his leave is extended under section 3C of the Immigration Act 1971. If his application is refused he will have a right of appeal, so will not be an overstayer until the appeal deadline (10 working days from receipt of decision) has passed or if he does appeal, once his appeal rights are exhausted. So, no, he is not currently and overstayer as you suggested, technically or otherwise.
Ah I word it incorrectly. What I meant to say was if thats the case (IF He gets refused for his TIER2 and PSW runs out in that time)
In three words I can sum up everything I've learned about life: it goes on
