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Change status from work permit to visitor

General UK immigration & work permits; don't post job search or family related topics!

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xiaor
Newly Registered
Posts: 12
Joined: Wed Jun 15, 2005 9:29 pm

Change status from work permit to visitor

Post by xiaor » Thu Nov 15, 2007 4:38 pm

Hi

My work permit is expiring soon. Wondering if I can stay, not work, in the UK for a few weeks after the expiration date since I don't not need a visa to be a visitor to the UK. Or do I need to change my status? Or can I change my status by leaving UK and come back as a visitor.

thanks
-Una

Mr Rusty
Diamond Member
Posts: 1041
Joined: Fri Nov 09, 2007 1:09 pm

Post by Mr Rusty » Thu Nov 15, 2007 5:40 pm

Immigration Rules say this:
Requirements for an extension of stay as a visitor
44. Six months is the maximum permitted leave which may be granted to a visitor. The requirements for an extension of stay as a visitor are that the applicant:

(i) meets the requirements of paragraph 41 (ii)-(vii); and

(ii) has not already spent, or would not as a result of an extension of stay spend, more than 6 months in total in the United Kingdom as a visitor. Any periods spent as a seasonal agricultural worker and as a student visitor are to be counted as a period spent as a visitor; and

(iii) was not last admitted to the United Kingdom under the Approved
Destination Status Agreement with China.

Para 41 (ii)-(vii) is the normal requirements for visitors - no employment or recourse to public funds, intend to leave the UK on completion, etc.

So, a work permit holder is not excluded from seeking an extension as a visitor.
If it really is just an extra few weeks, it is a moot point whether it is better for a non-visa national to incur the expense and potential delay of making an in-country application, or to have a trip abroad for a couple of days (which of course incurs a cost anyway).
There is a slight risk in the latter course that an Immigration Officer might be more prone than a Croydon caseworker to query the passenger's intentions, so cast-iron plans would be required - onward ticket booked, job waiting back home, etc.

paulp
Diamond Member
Posts: 1071
Joined: Sun Aug 19, 2007 9:34 pm

Post by paulp » Thu Nov 15, 2007 9:26 pm

Be prepared to be questioned on whether you're coming back to continue working under a visitor visa.

xiaor
Newly Registered
Posts: 12
Joined: Wed Jun 15, 2005 9:29 pm

Post by xiaor » Fri Nov 16, 2007 11:39 am

Thanks for the replies. I am also married to a UK citizen.. is there a easy permit I could get? I don't want to stay in the UK for long, just long enough sort things out for moving to new zealand.

Thanks again.
-Una

VictoriaS
inactive
Posts: 1759
Joined: Wed Jan 24, 2007 4:16 pm

Post by VictoriaS » Fri Nov 16, 2007 2:11 pm

If you are married to a UK national as well thent he chances of being allowed back in as a visito after a whistlestop trip to Europe are practically nil.

I would say to apply to the Home Office for a switch. Submit evidence that you will be leaving the UK in a few weeks and you should be okay, though it will cost £395.

Victoria
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