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overstay

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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Desiree28
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Posts: 12
Joined: Mon Oct 18, 2010 7:14 pm

overstay

Post by Desiree28 » Mon Oct 18, 2010 7:26 pm

I am wondering if the experts can help me clear this doubt.
I have made a (ILR) set m application on 21/05/09 which was refused on 12/12/10. Was given appeal date as 16/02/10, but due to some circumstances, appeal was withdrawn and dv application submitted to the home office before 16/02/10. This was refused on 25th febraury. Resubmission was made on 4/03/10 and that has been refused on 1/10/10. Up to what time is my presence in the UK illegal? And do the gaps in my application warrant the one year ban on overstayers when they want to make future applications to the UK? I have my MA Social Work graduation on 15th December 2010 and really want to graduate and make tier 1or tier 2 application from outside.

geriatrix
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Location: does it matter?
United Kingdom

Post by geriatrix » Tue Oct 19, 2010 11:15 am

IMHO, you have been overstaying since the day your appeal was withdrawn (before 16/02/2010). DV application was out-of-time therefore no section 3c protection to legalise your stay.

Overstaying in the UK will influence future EC applications under PBS.


regards

avjones
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Joined: Wed May 16, 2007 6:43 pm
Location: London
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Post by avjones » Thu Oct 21, 2010 1:11 am

sushdmehta wrote:IMHO, you have been overstaying since the day your appeal was withdrawn (before 16/02/2010). DV application was out-of-time therefore no section 3c protection to legalise your stay.

Overstaying in the UK will influence future EC applications under PBS.


regards
I agree, and you will already have trouble coming back to the UK under Tier 1 or 2.
I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.

People should always consider obtaining professional advice about their own particular circumstances.

Desiree28
Newly Registered
Posts: 12
Joined: Mon Oct 18, 2010 7:14 pm

Post by Desiree28 » Mon Nov 01, 2010 8:45 am

but is it possible with explanation why I overstayed.

Desiree28
Newly Registered
Posts: 12
Joined: Mon Oct 18, 2010 7:14 pm

Overstayer Tier 2 out-country application

Post by Desiree28 » Thu Nov 25, 2010 5:27 pm

Update:
I just had a call from a local council that they've offered me a job and are going to get me COS. My problem:

I had an appeal withdrawn on the advice from a lawyer and subsequent applications have been unsuccessful. The last I heard from Home Office was in October to say they will uphold the refusal. I intend to leave right after i get the COS. Anyway had an overstay experience but was still successful with Tier 2 application? Please share your experience.

Desiree28
Newly Registered
Posts: 12
Joined: Mon Oct 18, 2010 7:14 pm

Come on People!

Post by Desiree28 » Thu Nov 25, 2010 7:53 pm

Has anyone overstayed but has been successful with Tier 2 out-country application?

geriatrix
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Joined: Fri Mar 17, 2006 3:30 pm
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United Kingdom

Post by geriatrix » Mon Nov 29, 2010 9:16 pm

RFL5.2 When must I refuse under paragraph 320?
RFL5.3 How long are applicants automatically refused for?

One is denied / granted entry clearance in accordance with the immigration rules.


regards

arsenal49
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Posts: 1739
Joined: Sun Jan 24, 2010 12:04 am

Post by arsenal49 » Tue Nov 30, 2010 1:15 am

your case will be highlighted as soon as you apply for entry cleearance... your case is complicated and caseworker will see that you have overstayed... and after finding that, he has no option but to hand u atleast a ban of 1 year.

not good news for you, but thats what will happen.


regards

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