Applying for WP after being on Student visa for 11 yrs

Hi All,

Even though this is my very first post on this forum I have been a regular visitor to learn from various informative messages that have been posted on here. I thank all those kind souls who have taken their time to advise all those who are in a similar situation as me. I have breifly detailed my immigration history below. I would very much appreciate it if I could get some advice ....

I came here as a student in 1997 and successfully renewed my visa until 2004 on a yearly basis from within the country.


In Oct 2004 when my visa was just about to expire I heard that my Grandfather was taken very ill. I had a gut feeling that I will have to return home with in a few days so I held on to my passport without sending it off to HO for renewal. Sadly my Grandfather passed away on the 12th Nov and I returned to India on the 13th Nov. So technically I was an overstayer for 13 days in 2004 (as my Visa expired on the 31st of Oct and I was in the country till the 13th Nov). At that point I was doing my first year at University. After the funeral I made an application and I was granted 4 years student visa from the 10th of Dec 2004 to the 31st of August 2008. But since it was only undertaking a 3 year Bachelors Degree course at University I finished my studies in 2007 June. Immediately following that I took up full-time employment on my student visa (my employers are unaware of my visa status).

Since I got my visa stamped when I was in India in 2004 I will not be eligible to apply under the 10yr ILR…. As it has effectively reset the 10 yr clock. Now that I am coming to the end of my valid visa (my student visa is valid until 31st August 2008) I would like to apply for a WP. Would you say that I stand a chance to get a WP if I were to leave UK before the 1st of Oct and apply from India for an entry clearance… given that I overstayed for 13 days on 2004 and worked full-time for the past 12 months on a student visa?

Any advice from you will be greatly appreciated……..

You overstay won't be a problem as you had a new visa given. However, working on a student visa can be seen as a problem in order to get the workpermit.