correspondence with work permit after visa cutailed.plz help

hi there

i enterd UK in sept 2000 on a 2 year student visa which was then converted into WP visa in sept. 2002. this WP visa from my employer was initially applied for 1 year which was valid till sept 2003..in sept 2003 my employer again applied for a 5 year WP visa which was approved. so in total i had 6 year WP visa which was going to expire in aug 2008.

My ILR was due in sept 2007 but unfortunately my employment ended prematurely in may 2007 and my employer also informed the home office after which home office sent me a letter asking for my n my dependents passports.. i informed home office in writing that im applying for another workpermit within 28 days so they agreed..

in that time i applied for workpermit through another employer but it was refused and i was given another 28 days to apply for fresh workpermit since then i applied for WP three times and 1 time reviewed it but it got refused until dec 2007.

in the mean time in sept home office send me another letter saying that my leave to remain as a WP holder has been curtailed from aug 2008 to 12th OCT 2007. unluckily my previous landlord scanned me that letter the very last day which was 12th OCT 2007. i ddnt get bothered as i was thinking that m still in correspondence with WP people but upon my final refusal from WP people when i get back to my lawyer he said that u have been overstaying since two months over here..

one thing more that i have been in full time time employoment since aug 2007. the leave is not curatiled over my passport .it still says that i ve valid visa till aug 2008. but the letter says dat my leave has been curtailed till 12 th OCt 2007.

i dunno what to do now as whole of my 7 years will be wasted in a single go..i cudnt get to any end ..what shall i do ..plz someone tell me about this case.

I am afraid there is nothing you can do but leave the UK.


Victoria

Sweet Hina, it is heartbreaking that you got so close to your 5 years for ILR. You have already tried the best thing that you could do, i.e. try to obtain another WP (4 times + 1 review). Now, it may be time to use those 5 years of experience that you got in the UK and go to another country that has easier paths to settlement, such as Canada and Australia. Wish you all the best.

Paul

hi guys and thanks for your very quick replies.

i want to leave the country as donot want to get my passport endorsed at all.
i want to know one thing that could not i apply for discretioanry leave on the basis of my wife who is my dependent and who has also got an unconditioanl offer at a university in london for her bachelors for 3 years .her course is going to start from feb 2008 .we can tell home office that we can be granted discretion till her studies are completed as if we show to them that we have also paid the fees and secondly i cant left all my credit cards my bank accounts like this . i ll get black listed here if i wuould get chance to come back here ever. i have got loads of money to pay over my credit cards.

plz again tell me if this makes an option.
thank you so much..
this forum is really helpfull.

Hi Sweethina,

Your overstay has complicated matters. It will have a bearing on your chances of an in-country application for a student visa+dependent for you and your wife. The other posters will let you know if there is a "no switching" problem between these categories.

You may have to go home and apply for the student visa. Is there any problem with that?

hi there
there isnt any problem in going back to my country the only problem is that once i get back to my country and apply for another entery clearence like student visa or any other category my counter clock will start again all over and all of my 7 years will b vanished.
i wanted if i cud fight mmy case from here remaining within the UK so that i cud save my 7 years of legal stay and my unintentional overstay should be counted towrads my regular status.
if m going back to my country whats the point of returning back to here as counter clock will start once again n once again i have to run in the race for exception from immigartion rules and i had to wait for another 5 years to get ILR cz my visa is expired now so they wont count it as continous and legal stay


thanks to paul and victoria for giving prompt suggestions.

Hi Sweethina,

The others will correct me if I'm wrong but I'm afraid your 10-year clock for long residence ILR has been reset when you became an overstayer (although unintentional). The requirements call for 10 years of continuous and legal stay. Sorry to be the bearer of bad news.

I, and possibly Victoria, were trying to convey this message without saying it ouright.

dear paul thanks..

i was wondering if before ging back to my country if i just take a chance and apply for ILR and if they refuse it which have more chances will they endorse my passport with refusal or will they send me a letter of refusal coz i don want my passport to be endorsed as am an overstayer right now n secondly if they refuse it is there a chance to get help from MP ...

plz anyone can answer me if this was the case with ny of u guys..thankyou..

Sweethina99 wrote:hi there

i enterd UK in sept 2000 on a 2 year student visa which was then converted into WP visa in sept. 2002. this WP visa from my employer was initially applied for 1 year which was valid till sept 2003..in sept 2003 my employer again applied for a 5 year WP visa which was approved. so in total i had 6 year WP visa which was going to expire in aug 2008.

My ILR was due in sept 2007 but unfortunately my employment ended prematurely in may 2007 and my employer also informed the home office after which home office sent me a letter asking for my n my dependents passports.. i informed home office in writing that im applying for another workpermit within 28 days so they agreed..

in that time i applied for workpermit through another employer but it was refused and i was given another 28 days to apply for fresh workpermit since then i applied for WP three times and 1 time reviewed it but it got refused until dec 2007.

in the mean time in sept home office send me another letter saying that my leave to remain as a WP holder has been curtailed from aug 2008 to 12th OCT 2007. unluckily my previous landlord scanned me that letter the very last day which was 12th OCT 2007. i ddnt get bothered as i was thinking that m still in correspondence with WP people but upon my final refusal from WP people when i get back to my lawyer he said that u have been overstaying since two months over here..

one thing more that i have been in full time time employoment since aug 2007. the leave is not curatiled over my passport .it still says that i ve valid visa till aug 2008. but the letter says dat my leave has been curtailed till 12 th OCt 2007.

i dunno what to do now as whole of my 7 years will be wasted in a single go..i cudnt get to any end ..what shall i do ..plz someone tell me about this case.

Gosh - what a nightmare! I can understand how frustrated you must feel. Sadly, I think Paul is right when he says that the chances of switching from a work-permit to a student dependent visa are very slim, and made harder still by your period of overstaying. I have a feeling that you will need to head back and then reapply to enter again.

Hi Hina,
Would you qualify for HSMP by any chance?

no i dont qualify for HSMP cz my earnings are making less points ....
but i really need to know if i gamble n sed my passport for ILR n if they refuse than will they directly endorse my pasport or they will send me a refusal letter n will gve me sometime to either make a descision..either to live here or not?

Sweethina99 wrote:no i dont qualify for HSMP cz my earnings are making less points ....
but i really need to know if i gamble n sed my passport for ILR n if they refuse than will they directly endorse my pasport or they will send me a refusal letter n will gve me sometime to either make a descision..either to live here or not?

But you've already been told that you don't have any basis to remain here now.
You really messed up when you ignored the letter curtailing your leave to remain. You would have been given a right of appeal against that decision, ok you might have lost the appeal, but it would have bought you some time. That right of appeal will have lapsed a long time ago, and I can't imagine that the tribunal would allow you to appeal out of time.

You are an OVERSTAYER. That means that if you are stopped in the street by the police and they ring immigration for a check you will be arrested and removed from the country. It also means that if you make any application to BIA now, it will be refused without a right of appeal and you will be told to leave the UK immediately. Your passport would be endorsed with the refusal.

Your only advantage is that your passport shows that you have leave to remain until August. That doesn't mean that you have the right to stay here, but it does mean that if you are seen by an immigration officer when you leave the country, you will not be treated as an overstayer, and it will not be recorded against you.

It is a harsh message to give you when you were close to securing residence in this country, but you have little choice but to go home and start again.

i there...i do admire all of the advise cz i do want to face the truth i don wanna live in the world of lies....i no all the circumstances that are going to happen with me God forbid.. but the thing is when my leave was curtailed the letter siad that i have not been given any right of appeal...
soi could not make any appeal at that time too...n secondly i got that latter the very last dayy that was 12th of oct for the curatilation of visa by my stupid landlord. n i got the prove of dat on my email as well...

thanks again for the immediate replies...

Sweethina, please do appreciate that you have been an overstayer since 12th October and any more contact with the home office will most probably end up in administrative removal, or even worse, deportation. Although your landlord forwarded the curtailment on the last day, it may not hold much sway with the home office.

At this point, if you feel very strongly about this and want to try your luck, you will need to contact an immigration consultant/lawyer. But it is going to be a very difficult case.

hi there guys..
i was just wandering through webpages and went through a term "a waiver of inadmissibilty" i want to know what does dat mean and does this apply to uk immigration aswell...
thanks

hi victoria and paulp
i just took a chance and applied for ILR as per my curatilemnet letter states that my visa expires on 12th oct 2007 and my current conditions continue to apply till 12th oct that means that i complted my 5 yeras on WP plus i have been granted 5 more days than that i.e from my frst entry on WP that was on 7th oct 2002.

so i completed the form and attached all relevnt docs and wrote a detailed coveing letter and applied it in post stating that the application was just out of time by few months(3 months) due to the subtlely of the curtailmnt letter.

u might be thinking y i did that but the thing is if i had to go back home y not once trying for it n than never come back here cz ILR was my goal and i m not interested to restart my clock back as i have spent more than 7 years of my life here.

so just pray for me n i shall keep my fingers crossed...

thanks once again...every1
i wll defntly let u ppl know wt happened with my case but i think it will take enuff time like more than 2 months i guess cz its not a staright fwd case.

hi there..
just wanna tell the members on forum that today i got the acknowlegement letter from the home office stating that they have recieved my SET (O) application..thats just a formal and standard letter..

so m still worried for the descision..n m still keeping my fingers crossed..

Sweethina,

I am keeping my fingers crossed for you.

Paul

Sweethina

Sorry to hear about your problems.

By submitting the ILR application you have only created yourself more troubles.

There is NO chance on earth you will be given an ILR. Forget the £750 that you put in the bin (sure you can find some better use for that) why on earth notify BIA that you are an overstayer. Do you fancy an black refusal stamp in your passport that will make your future entry to the UK and indeed to many other countries far more difficult? I know you are trying to hang on any blade of grass but you have to face the tough reality.

Until you told BIA in your ILR application they had no idea about your overstaying. You could have quitely travelled to your home country and apply there for a fresh entry clearance as your wife's dependent. Now this options is not available anymore. Why did you post your question in this forum in the first place if you didn't want to listen?

i know am an overstayer and nothing cud be done by any1 to resolve this matter.
as i said earlier that if i wud go back than i wud never come back again whether if i wud have saved my pasport being endorsed even than cz nearly more than half of my professional life will be ruined by such immigration laws which r not able to help ny1 in sufferin than whats the point coming back here n lick the mule and pay the taxes.

its not the frustration than m splitting out but the truth which can heard by the hearts of every sufferer.

and nonetheless no power is bigger than GOD thats y i took chance and send my passport so that when i will go back to my country i will not have the wish in my heart that if i wud have applied for my ILR probably i wud have got it.thats it and nothing more than that...

thanks again every1 because we can come to solutions by discussing here ...really deep hearted thanks to each n every member contributing.

There is a very tiny chance. I've seen other people get away with much more.

A agree with you and you have done right thing. Let’s leave everything on God and what ever will happen will happen for good.

thanks indian_uk and paul for replying .i appreciate that highly..cz i was thinking now nobody is gonna reply me.

As long as you're going into this with your eyes open, it's worth a try.

hi there...
can anyone tell me the dffrnc between a solicitor and a barrister..
just wanted to know for information.
thanks