Re-applying after 8 yrs

Hi,

I badly need your advice. Just like other students in UK, i worked more than 20 hrs in year 2010. I understand that its an immigration offence. The same year I went back to my home country. I was not removed. I just decided not to renew my visa.

So now my husband went to UK, as tier 2 migrant worker. And he wants me and my daughter to follow him as dependants on yr 2019. (9yrs after i last left the UK)

May I know for those who have the knowledge, what would be the best solution? I am really scared of the 10 yr ban. Am I qualified to re-apply?

I would appreciate your response. Tahnk you for your help.

Mikmerdawn04 wrote: ↑

Tue Nov 13, 2018 12:36 am

Just like other students in UK, i worked more than 20 hrs in year 2010. I understand that its an immigration offence.

To clarify, most students do not work illegally.

Mikmerdawn04 wrote: ↑

Tue Nov 13, 2018 12:36 am

I am really scared of the 10 yr ban.

Where are you reading that you are subject to a 10-year entry clearance ban? Part 9 of the immigration rules says 12 months, not 10 years:

Grounds on which entry clearance or leave to enter the United Kingdom is to be refused

(7B) where the applicant has previously breached the UK’s immigration laws (and was 18 or over at the time of his most recent breach) by:
...
(b) breaching a condition attached to his leave;
...
unless the applicant:

(iii) left the UK voluntarily, not at the expense (directly or indirectly) of the Secretary of State, more than 12 months ago;

https://www.gov.uk/guidance/immigration ... or-refusal

Thanks for your reply Sah.

Meaning i can apply for dependants visa next yr. So do i have to declare that i have made an immigration offence in my application? Thank you very much for your reply.

Where does a 10-year ban come into it? Can you clarify?

Hi Sah,

I didnt read it in a uk website i just saw some people posting refusal letters stating that their visa was refused and they are banned for 10 years.

If you check the general grounds for refusing (see link in my previous reply), you will see that there are different time bars for different situations.

Thanks a lot for the info, Sah. I feel relieved.

But, shall i declare in my application that i did that offense?

Mikmerdawn04 wrote: ↑

Wed Nov 14, 2018 12:39 am

But, shall i declare in my application that i did that offense?

That's your call. There is no specific question about it, but there is a section for Additional Information. If you are satisfied that you are no longer subject to any time bar or penalty for the illegal working, there is an argument that it is not material to the current application.

Thank you very much Sah for your response. I appreciate it.