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Urgent!! My passport with US embassy & My UK Visa expiri

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kal
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Urgent!! My passport with US embassy & My UK Visa expiri

Post by kal » Mon Jul 30, 2007 11:37 am

Hi friends,

My friend is in a confused state.
well He is Indian and on Student visa in UK, and recently he attended his H1 Inteview and he got the visa, he had submitted his passport to US embassy and not yet recieved. but the problem is his UK visa is expiring tomorrow.

He tried calling US embassy, but no response
He tried calling Home Office(UK) they said, he cannot stay without visa
He tried calling Indian embassy- they said, they can't help him in this matter.

what options does he have now. He wants to go to US.

Please help.

Kal

SYH
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Post by SYH » Mon Jul 30, 2007 11:44 am

So basically he doesn't want to extend his UK student visa,
Doesn't he just become a visitor once it expires.
As long as you plan to leave soon after getting your passport back, I don't really see an issue.

kal
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Post by kal » Mon Jul 30, 2007 11:54 am

Hi SYH

Thanks for immediate reply.

His concern is - if his UK Visa expires tomorrow, his stay will be illiegal. and will be aproblem when he is going out for US. Actually he wants to go to US without extending his student visa, but just to avoid any complications he is ready to extend however he need his passport to extend his visa.

U mentioned that once the UK Student visa expires he will be on visit, but I don't understand how can it will automatically changed to visit and even without passport stamped??

what can be his next step.

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Post by SYH » Mon Jul 30, 2007 11:58 am

kal wrote:Hi SYH

Thanks for immediate reply.

His concern is - if his UK Visa expires tomorrow, his stay will be illiegal. and will be aproblem when he is going out for US. Actually he wants to go to US without extending his student visa, but just to avoid any complications he is ready to extend however he need his passport to extend his visa.

U mentioned that once the UK Student visa expires he will be on visit, but I don't understand how can it will automatically changed to visit and even without passport stamped??

what can be his next step.
Please wait for the rest of the board to reply, I was giving you my ideas on it.

Dawie
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Post by Dawie » Mon Jul 30, 2007 12:04 pm

I'm afraid your friend is in a very difficult position. Your friend should have thought about this BEFORE he applied for this US visa. Unfortunately he will now become an overstayer and will have to leave the country.

SYH, his status will not automatically become that of a visitor. He will not have any leave to remain in the UK.

And yes, if he gets caught on the way out of the UK as an overstayer and his passport is marked in some way, there is a very good chance he might have problems entering the US on his newly acquired US tourist visa.

Your friend really only has himself to blame for his predicament.
In a few years time we'll look back on immigration control like we look back on American prohibition in the thirties - futile and counter-productive.

kal
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Post by kal » Mon Jul 30, 2007 12:18 pm

Hi Dawie,

Thanks for the reply,

I do understand the seriousness of the situation, but will he be doing next.
as it is with the US govt. authorities, will it be considered as a special case and will let him go with out any problem??

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Post by Dawie » Mon Jul 30, 2007 12:21 pm

kal wrote:Hi Dawie,

Thanks for the reply,

I do understand the seriousness of the situation, but will he be doing next.
as it is with the US govt. authorities, will it be considered as a special case and will let him go with out any problem??
I don't see why it would be considered a special case. He knowingly and willingly sent his passport to the US embassy for a US visa while all the time KNOWING that his student visa was about to expire. In other words, it wasn't like he overstayed because of some event out of his control. If he didn't want to become an overstayer, he shouldn't have sent his passport off the US embassy.
In a few years time we'll look back on immigration control like we look back on American prohibition in the thirties - futile and counter-productive.

kal
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Post by kal » Mon Jul 30, 2007 12:22 pm

Hi Dawie,

Actually he informed to the US authorities about this situation and they assure him that they will process quickly and he will be receiving his passsport by thursday. but he hasn't recieved yet.

Please guide him what to do.

SYH
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Post by SYH » Mon Jul 30, 2007 12:55 pm

Ok Dawie, I wasn't swearing by it, which is why I said doesn't he, question format.
Anyway, lets provide you a soluation instead of pointing fingers as to who you got yourself in this predicament. you simply have to go to the consulate and get your passport if you can't get them by phone.

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Post by VictoriaS » Mon Jul 30, 2007 1:45 pm

He must make an application to the Home Office by tomorrow at the latest, without his passport if necessary. They won't approve it without his passport, but at least he will remain legally in the UK if the application is in.

He must send it recorded delivery and keep the receipt.


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kal
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Post by kal » Mon Jul 30, 2007 1:46 pm

Hi Friends,

In course of my websearch, I found this website and I called to the numbers mentioned in it, and the person on phone advised me that if my friend is not staying too long and wanted leave UK then there might not be a probelm in leaving UK.

any comments on this please??
Last edited by kal on Mon Jul 30, 2007 4:03 pm, edited 1 time in total.

kal
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Post by kal » Mon Jul 30, 2007 1:47 pm


VictoriaS
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Post by VictoriaS » Mon Jul 30, 2007 2:54 pm

He really should not overstay, and as I have said, he can avoid doing so.

Victoria
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kal
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Post by kal » Mon Jul 30, 2007 3:55 pm

Hi Victoria,


I think its a good idea,
but how to make an application, is it for visit or what??
as he don't want to come back to UK again
if he apply through post, then it will take hell of time, and he has not time, he needs to report to his employer immediately.

Is there any way???,

please advice

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Post by Administrator » Mon Jul 30, 2007 6:49 pm

.

I am responding to your PM, and decided the information (what little I have) should be public for anyone to reference:

I honestly don't know what to do in a situation like this.


The problem is that there is now a conflict between the UK government and the U.S. embassy. Without his passport, he cannot exit the country properly.

If I was in his position, I would go to the UK authority and tell them exactly what is happening, and bring as much information as possible ... especially contact information for people at the U.S. embassy.

Honestly, reading through the information you gave me, I have a difficult time imagining how he managed to get to the evening of his last legal day in the UK without having a better plan in place.


I had a similar difficulty once under slightly different circumstances. I went to the immigration department office, told them my exact difficulty, and asked them to please allow me an additional 72 hours to remain legally in the country until I could arrange to leave.

They were kind enough to give me that permission .. I still have it stamped in my passport. However, they were not required to do so.

I asked very VERY nicely and diplomatically if they would please help me and not black mark me for overstaying.


So, in this case, the request would have to be slightly different.

Your friend needs to ask for enough time to stay in the UK to get his passport back from the U.S. embassy, and he should probably request an additional 72 hours after that to be getting all his affairs in order to leave promptly.

Under such conditions, it is possible that immigration will take some pity on a good faith effort on your friends part to be honest.

Possible.

Right now he's in a situation where he needs luck, and his absolutely best diplomatic skills.


The only thing in his favor right now is that he wants to and is trying to get out of the UK as fast as possible.

Ask for help to do so.

And ask, with great politeness, if they could please grant him an extra couple of days while the hold-up on his passport gets resolved. Suggest very strongly that they verify the truthfulness of the situation with the U.S. embassy.

That can go a long way.


In my situation, I had actually overstayed by three days and had turned up at immigration to submit an application for a residency visa. My overstay was the result of bad advice from immigration officials who I had consulted with.

VERY fortunately, the two people involved in that advice were 1) in the office at the time and 2) honest enough to admit there had been some mix-up.

I DID NOT accuse them of anything .. just suggested there had been a bit of a translation problem. That allowed everyone to save face.

A very important point.


First they told me, at 5:00 p.m., that I had until midnight to leave the country.

I asked them, since I was already an overstayer, if I would be detained by the border control authority. They had to make a phone call, and it turned out that, yes, it was very likely that I would be arrested, detained & processed.

So I asked if they could give me permission to leave to avoid that mess.

They felt this was reasonable, at which point I asked if maybe I could have until Monday at midnight instead of Friday at midnight as my deadline.

Since they had my full residency application in hand and it was (mostly) in order, they judged that it was better to let me leave properly and then come back ... so they agreed.

Maybe there is some information in there that can be of assistance. While there are serious differences, there are some similarities.


Your friend has a very legitimate job offer and is in-process to leave legally and with the blessings of the U.S.

MAYBE that factor is enough to give a plea for leniency a bit of a sympathetic ear.

Good Luck!

the Admin

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Post by Administrator » Mon Jul 30, 2007 6:57 pm

.

MOVED from General Discussion to General UK Immigration (even though this is technically an EMIGRATION issue). ;-)

the Admin

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Post by bani » Mon Jul 30, 2007 8:44 pm

Aren't they understanding enough to overlook an overstay of only a few days?

In Admin's case, he had to apply for a UK residency visa so this overstay had to be "regularised", but your friend will be moving and doesn't plan to reside in the UK possibly ever.

I read that if you overstay more than 28 days, you will be denied any future visa automatically (effective July 2nd 2007; from UKCOSA e-news; their site is www.ukcosa.org.uk ), but a few days under unavoidable circumstances shouldn't have bad consequences.

As for the US side, in my experience, immigration only checked my US visa over there and didn't bother to look at my UK visa. And the US embassy in London is usually prompt in sending out the passports, it shouldn't take long.

kal
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Post by kal » Tue Jul 31, 2007 10:58 am

Hi friends,

Thanks alot for all these suggestions,
we my friend tried calling the Home Office for appointment, and explained the situation, then the person asked to post the application together with the covering letter with all the details.

Hopefully if nothing happened to work by evening, he will post it for the extention,

Thanks

kal

kal
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Post by kal » Tue Jul 31, 2007 12:56 pm

Hi friends,

One doubt please,

well if my friend post his application with the covering letter, will he needs to send the passport or he can go to interview directly??

as he got the good job offer from US, he don't want to waste time here as he may miss this opportunity.

please advice??

VictoriaS
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Post by VictoriaS » Tue Jul 31, 2007 2:01 pm

He probably won't get an interview.

The point of this application is just to make sure he is not deemed illegal. Does he know when he will get the passport back?

Victoria
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kal
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Post by kal » Tue Jul 31, 2007 2:12 pm

Thanks Victoria

Well he was assured that he will get his passport by Thursday Last Week, but haven't received yet. He wanted to leave UK permanently if he got the passport with out any UK Visa extention. but unfortunately things have changed and he is stuck in the deadlock.

Thanks

Kal

kal
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Post by kal » Tue Jul 31, 2007 3:55 pm

Hi Victoria,

If he apply through post, when will his application will process.
as they don't have the passport, will they wait until they get the passport or they will start processing his application.

will they take money from his card before processing??

what if, he apply through post now and after getting the passport, he book an appointment for the inteview and explain the situation there and get the visa stamped??

please advice

kal

VictoriaS
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Post by VictoriaS » Tue Jul 31, 2007 4:28 pm

Look, he has about half an hour to get the application in the post. I suggest that 'he' just does it. He will have the money taken in the first instance, and they will write back to him when it is being processed, and will then ask for his passport. He will then have to staill them until he gets the passport back, at which point he will (I assume) withdraw the application in the Home Office.

there will be no interview.

This is NOT the time to prevaricate!!! if he doesn't do this, he will be deemed an overstayer.


Victoria
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kal
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Post by kal » Tue Jul 31, 2007 4:32 pm

Thanks Victoria,

Well he is on his way to Post Office. he will post his application today.

Thanks

kal

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Post by VictoriaS » Tue Jul 31, 2007 4:35 pm

Please don't PM me and post in here - it is uneccesary.

It doesn't matter what he puts on the cover letter, as I assume he doesn't care if this application is approved or not!

Victoria
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