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Overstayer applying as a skilled worker

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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Spirit007
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Overstayer applying as a skilled worker

Post by Spirit007 » Sun Dec 20, 2020 11:15 am

I was wondering if any one can help this:
Can an overstayer make an in country application for a skilled work visa, if they have a job offer from an A listed sponsor meeting all the income requirements?

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CR001
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Re: Overstayer applying as a skilled worker

Post by CR001 » Sun Dec 20, 2020 11:29 am

Unlikely as you can only switch into this route if you already have a visa in certain categories.

https://www.gov.uk/skilled-worker-visa/ ... -this-visa
Who cannot apply to switch to this visa
You cannot apply to switch to this visa if you’re currently in the UK:

on a visit visa
on a short-term student visa
on a Parent of a Child Student visa
on a seasonal worker visa
on a domestic worker in a private household visa
on immigration bail
because you were given permission to stay outside the immigration rules, for example on compassionate grounds
You must leave the UK and apply for a Skilled Worker visa from abroad if you’re in one of these categories.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

vinny
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Re: Overstayer applying as a skilled worker

Post by vinny » Sun Dec 20, 2020 1:18 pm

Additionally,
Suitability requirements for a Skilled Worker
SW2.1. The applicant must not fall for refusal under Part 9: grounds for refusal.

SW2.2. If applying for permission to stay the applicant must not be:
(a) in breach of immigration laws, except that where paragraph 39E applies, that period of overstaying will be disregarded; or
(b) on immigration bail.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Spirit007
Junior Member
Posts: 53
Joined: Wed Jun 17, 2020 8:49 am
United Kingdom

Re: Overstayer applying as a skilled worker

Post by Spirit007 » Sun Dec 20, 2020 2:09 pm

CR001 wrote:
Sun Dec 20, 2020 11:29 am
Unlikely as you can only switch into this route if you already have a visa in certain categories.

https://www.gov.uk/skilled-worker-visa/ ... -this-visa
Who cannot apply to switch to this visa
You cannot apply to switch to this visa if you’re currently in the UK:

on a visit visa
on a short-term student visa
on a Parent of a Child Student visa
on a seasonal worker visa
on a domestic worker in a private household visa
on immigration bail
because you were given permission to stay outside the immigration rules, for example on compassionate grounds
You must leave the UK and apply for a Skilled Worker visa from abroad if you’re in one of these categories.
Thank you for the prompt response

Spirit007
Junior Member
Posts: 53
Joined: Wed Jun 17, 2020 8:49 am
United Kingdom

Re: Overstayer applying as a skilled worker

Post by Spirit007 » Sun Dec 20, 2020 2:15 pm

vinny wrote:
Sun Dec 20, 2020 1:18 pm
Additionally,
Suitability requirements for a Skilled Worker
SW2.1. The applicant must not fall for refusal under Part 9: grounds for refusal.

SW2.2. If applying for permission to stay the applicant must not be:
(a) in breach of immigration laws, except that where paragraph 39E applies, that period of overstaying will be disregarded; or
(b) on immigration bail.
Thank for the prompt response. Based on your response, 39E is applicable to my case:
-Was denied ILR from Tier general due to tax issues
-made a long residence application for ILR under 10years route, but was advised to switch zambrano as guardian to my step child.
- zambrano was refused a few days ago
- currently have a job offer, with employer willing to sponsor.
Based on the full context, what do you reckon?

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CR001
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Re: Overstayer applying as a skilled worker

Post by CR001 » Sun Dec 20, 2020 2:27 pm

How do you believe 39E applies to your case??

general-uk-immigration-forum/exceptions ... 65693.html

Note that zambrano carer is not an application under the immigration rules. It is an EU derivative application.

What happened to your ilr long residence application?
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Spirit007
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Posts: 53
Joined: Wed Jun 17, 2020 8:49 am
United Kingdom

Re: Overstayer applying as a skilled worker

Post by Spirit007 » Sun Dec 20, 2020 2:44 pm

CR001 wrote:
Sun Dec 20, 2020 2:27 pm
How do you believe 39E applies to your case??

general-uk-immigration-forum/exceptions ... 65693.html

Note that zambrano carer is not an application under the immigration rules. It is an EU derivative application.

What happened to your ilr long residence application?
When my years ILR was refused, I submitted the 10year route application within 5days.
The long residence application was varied to EU settlement when I submitted the application. Hence, the LR was voided and no decision ever made.

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Re: Overstayer applying as a skilled worker

Post by vinny » Sun Dec 20, 2020 2:46 pm

Spirit007 wrote:
Sun Dec 20, 2020 2:15 pm
-Was denied ILR from Tier general due to tax issues
-made a long residence application for ILR under 10years route, but was advised to switch zambrano as guardian to my step child.
Tax issues may also be a problem for a Long residence application.

276B.
(iii) the applicant does not fall for refusal under the general grounds for refusal.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

vinny
Moderator
Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Re: Overstayer applying as a skilled worker

Post by vinny » Sun Dec 20, 2020 3:05 pm

Spirit007 wrote:
Sun Dec 20, 2020 2:15 pm
but was advised to switch zambrano as guardian to my step child.
- zambrano was refused a few days ago
Note Policy.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Spirit007
Junior Member
Posts: 53
Joined: Wed Jun 17, 2020 8:49 am
United Kingdom

Re: Overstayer applying as a skilled worker

Post by Spirit007 » Sun Dec 20, 2020 3:15 pm

On a completely different note, how can I go about claiming refund for the my ILR (LR) that was voided? Thanks

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