On spouse visa overstayed but got workpermit letter

[moonlight]

Dear Jeff,

I was on spouse visa for two years but my wife was not with me at the time of visa extension and my further leave to remain was refused.

I overstayed since last 3 months time. In this overstay of three months my emplyer applied for my workpermit and it was issued for 5 years.

Now i require to go to india for entry clearance.

My question is will my overstay will affect my entry clearance or not !

Some says to me that my workpermit is for 5 years and so your past immigration history and overstay will not affect this workpermit entry clearance.

Please answer me as i am going back to india for entry clearance.

Also tell me what other problems i might get.

Thanks


Message edited - I got my visa. See bottom of this page for detail.

[Jeff Albright]

Now i require to go to india for entry clearance.

This is the only option.

My question is will my overstay will affect my entry clearance or not !

No, but you will need to explain it in a cover letter plus answer questions correctly in VAF1.

Some says to me that my workpermit is for 5 years and so your past immigration history and overstay will not affect this workpermit entry clearance.

Correct.

Also tell me what other problems i might get.

How would anyone tell you?! It is down to you to present your case to an ECO. If you explain properly and credibly your circumstances you should not have any problems

[sashank]

The way you answered is brilliant Jeff. I also have a question re ILR and I would like to ask you personally. Can I PM you?

Sashank

[moonlight]

Dear Jeff Thanks for your reply.I was really surprised with your prompt anwer. I have also seen your replies in answer to some other candidates and it is really brilliant advise.
Again thanks

[cooldude143]

sss

[sakura]

Hi All,
Currently I am in UK for Work permit, I would like to apply for spouse visa.
Do i need to go back to india for switch from WP visa to Spouse visa?
Also We are not married yet? Can i marry once i get the clearance from the registrar or i need to go back to india and then needs to apply.

Thanks in advance.

Cheers

How long have you been on a WP for?

Well, you can switch from a WP to a spouse visa without returning home for EC. But you should get married first! So, what you need to do is apply for a CoA (Certificate of Approval) from the BIA to marry in the UK(unless you marry in a CoE, then you don't need one). Then, once you are married you submit all the evidence and application form for a spouse visa, in-country...meaning you don't need to fly all the way to India!

I don't know too much about all this, so someone else can give you more informaiton, but I do know that you don't need to leave the UK to get married here and/or to switch into a spouse visa if you are on a WP.

Or, is the plan to get married in India? Then you don't need the CoA! Just a spouse visa w/ documentary evidence (search this board for more info).

[cooldude143]

sssss

[Jeff Albright]

But my current employer may cancel my visa at any time...

Employers do not have any power to cancel visas. The best they can do is to fill in the "Notification of premature end of employment" form (NPEE) and forward it to Work Permits. They will then liaise with the Immigration Service to have your leave to remain curtailed. If the IS know your whereabouts they will then either visit you or notify you in writing.

can i apply for COA and spouse vsa although my WP visa cancelled?

Your WP will not be cancelled. Whilst your visa is still in force, you can apply for COA, get married and then apply for FLR as a spouse. If your leave is curtailed and you are required to leave, you can always obtain a new spouse visa from your Embassy and return.

[cooldude143]

Thanks a lot jeff.
My employer given a work permit visa for 2 years.But they ask me to back 6 months before.Can i stay in UK after my employment ends, since i have my WP visa valid?

I am planning to stay here and find other employer during this period.

Please PM me if you have any other suggestions also.

Cheers

[sakura]

Thanks a lot jeff.
My employer given a work permit visa for 2 years.But they ask me to back 6 months before.Can i stay in UK after my employment ends, since i have my WP visa valid?

I am planning to stay here and find other employer during this period.

Please PM me if you have any other suggestions also.

Cheers

I think you have a matter of weeks to find a new employer and get a new WP. I don't think you can stay on the WP for the length of validity without working for the company who applied for the WP. So be careful not to use this WP anymore. Best to either apply for HSMP, student visa or get another job/WP quick! I read somewhere it was 28 days, but I think that was in terms of leaving the UK, maybe not finding a new job and/or filing a new WP application once your old job is done/cancelled.

[cooldude143]

Thanks for the reply.
Can you let me know, how easy it to change from student visa to WP if i find an suitable employer.

[Wanderer]

Thanks for the reply.
Can you let me know, how easy it to change from student visa to WP if i find an suitable employer.

Thought u said u r on WP now?

[cooldude143]

I am asking in future how can i change from student visa to WP

[moonlight]

Dear jeff
As i have asked before i am currently in india and i have applied for workpermit entry clearance more than a month ago but i have'nt still got any reply from Mumbai british high commission.

As you know my workpermit is for 5 years and i have 4 month of overstay previously on spouse visa.

On inquiary visa office told me that they are still making inquiries in my application and will decide once inquiary is finished.

People says that One month is enough time to decide workpermit entry clearane. So I am worried about my application as it has taken more time that it is required
Let me see what happens.

Thanks

[VictoriaS]

I am asking in future how can i change from student visa to WP

There is little point in speculating as everything is going to change soon. At the moment you can only switch if you have just graduated in the course for which the visa was awarded and if the course was degree level.

Victoria

[VictoriaS]

Dear Jeff,


My question is will my overstay will affect my entry clearance or not !

The overstay will affect the entry clearance, but it is unlikely to result in a refusal. As you can see, it just means that it will take a bit longer!

Victoria

[sam1000s]

@ moonlight

Have you got your VISA by now?

[moonlight]

Dear Jeff Albright,

I got my workpermit entry clearance for 5 years successfully in first week of October. It took almost three month.

There was an interview and i was asked about period i stayed with my wife and other circumstances. He also i asked about overstay and scolded me a lot for it. I explained my reasons. He warned me and told me that he had all the documents from home office and will catch me if i say any lie and consequently reject my application. He almost stand up at one instance and told me that he will go in next room and confirm what i said with home office documents.
I told him " No problem, you can go and check it now "

But at the end he went out of the office with my documents and came again after few minute.
ECO sat down on the chair and told me " Sir ! i am giving you visa now! "

I dont know what exactly happened but i will say that i was honest in what i said. I gave correct details of what they can or are capable to verify. It was also that i was not correct in areas they were not capable to verify.

Non-verifiable lie is tolerable to any human being.
And again Jeff, Many many thanks
Best of luck to others

[SYH]

Good for you
and good on you.
Congrats