New 'blacklist' periods for overstayers

Hi All

I am reading that this only applied to Entry Clearance applications, so am I right in assuming this will not affect ILR spouse applications from the UK?

Thanks

Jon

Jon, well you know what they say about assumption?

Of course it will effect any application for ILR if the person has been a overstayer.

I didn't write that very well.. My wife overstayed by about 6 weeks, but was not served any kind of order, just refused her FLR and told to leave asap. She was then granted a 2 year spouse visa from Australia, with the overstay taken into consideration. ILR will be 2 years after her original entry clearance. I guess the question is if you have already had the overstay considered will it still interfere with an ILR application later on.

Any thoughts?

We don't know. According to the rule changes it could, but I expect there will be some discretion that we will see once the IDI's come out.

Victoria

Hello, my company forgot to tell me that I needed to get a new entry clearance within 6 months of starting there, after they successfully applied for my work permit while I was in the UK (working at another firm). As a result this got picked up at heathrow when I was on my way home from a work trip. They initially took away my passport and banned me from working and scheduled me for an interview but then a man there got in touch and said I could work and to just apply for my entry clearance late. So I went to the home office and they of course said no, my work permit has expired as I didn't get my entry clearance in time, and so I have to go back to Australia.

The company refuses to take blame but are prepared to apply for me again, from back in Australia which is apparently what must happen. My queries are (a) what are my chances of getting a new visa and (b) if I don't go ahead with that, will I have trouble in the future trying to work in the UK if I want to try and get a work permit say in two years? Is it better to try now with this same company so it is clear that it was just a miscommunication??