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Hi Everyone,
I am new to this board and have read through a few topics which may be of relevant but was unable to find the answer I was looking for. Hope you do not mind me asking questions on here.

I am in the process of submitting AN application form through NCS at Warwickshire Council.

Let me explain my circumstance.

I am Thai and first arrived into UK in London in August 2000 under exchange student visa when I was 15 years old. I then extended my student visa until 2008 (Studied A-levels then Medicine). After my graduation, I went to Solihull PEO and applied for Postgraduate doctor visa which was granted until September 2010.

This is when the problem started. I knew this person who claimed to be a case worker so when I needed to extend my leave to remain I thought to get him to be my representative. I made in time application end of august and he put his details as representative. Since the application was sent, I did not hear anything until January 2011 when I tried to contact him and could not.

I called UKBA directly and was informed that my application was refused and that everything was sent back to my representative. I tried to contact him directly yet still nothing so I contacted his office (which is also a restaurant - in hindsight alarm bell should have rung and that he may not really be qualified as he claimed) and collected everything back.

I looked through document and found that the refusal was in November 2010 on ground of the evidence I submitted did not meet requirement and that the appeal period was over then. I searched on internet and found the immigration solicitor in Birmingham which I managed to get in touch and discussed this next day. He advised me to inform hospital straight away and stopped working which I did. I then managed to re submit my application again at Croydon PEO as solicitor representing me on same day service and was granted Tier 1 General successfully on same day (25 January 2011).

I then extended my Tier 1 (general) one more time (January 2013) without any problem. I applied for ILR (under 5 years Tier 1) and was granted successfully on same day service on 6 January 2016. Every time when I applied for leave to remain, my solicitor always asked me to declare the incident in 2010 as it was not fault of my own.

I went to NCS on Friday and was told my application should be fine but at the time I forgot my old passport so will need to bring it back tomorrow for application to be sent off. However, I am slightly worried as one of the questions that I had to sign was whether I was in breach of immigration law since I first arrived in the UK. I was not so sure whether that incident made me in breach of immigration law at the time or not; also whether I should declare the incident again on page 22. I understand I have lived lawfully for the past 5 years from the date of application which would be 24 January 2012-24 January 2017 but I was unsure of this in 2010? Was I classified as overstayer? I have included the HO reference number in the application form also.

Would you kindly advise. Your input is greatly appreciated. Thank you very much.

Welcome.

Any reference to specific Immigration Regulations and/or false representation and/or deception in refusal?

Were you an overstayer?

Hi

noajthan wrote:Welcome.

Any reference to specific Immigration Regulations and/or false representation and/or deception in refusal?

Were you an overstayer?

At the time the refusal of my application for Tier 1 was because simply I did not supply two evidences that matched my earnings. I was not aware or advised at the time, but when solicitor looked at them he advised and I submitted the right evidence.

To answer your questions, I do not know. I have not been told at any point when I applied for previous Tier 1 extension that I was overstayer. That is why I want to ask for your input on this. I have read a few paragraph in the residence requirement but that did not answer my question as that was referred to 5 years qualifying period. The NCS does not think my application would have any problem but I am not sure. I have not submitted the application form yet but will do tomorrow. I just want to clarify this issue before I send over to HO. Would you advise for me to declare it anyway as I did every time I applied for extension of leave to remain.

sasathorn wrote:I do not know. I have not been told at any point when I applied for previous Tier 1 extension that I was overstayer. The NCS does not think my application would have any problem but I am not sure. I have not submitted the application form yet but will do tomorrow. I just want to clarify this issue before I send over to HO.

Hard to sign that declaration if you do not know. As you will be held to it and it has legal as well as immigration-related consequences.

Check your original refusal letter.

noajthan wrote:

sasathorn wrote:I do not know. I have not been told at any point when I applied for previous Tier 1 extension that I was overstayer. The NCS does not think my application would have any problem but I am not sure. I have not submitted the application form yet but will do tomorrow. I just want to clarify this issue before I send over to HO.

Hard to sign that declaration if you do not know. As you will be held to it and it has legal as well as immigration-related consequences.

Check your original refusal letter.

The original refusal letter was only stating that I was welcome to re submit application or appeal which was within 28 days of that original letter in November 2010; but the implication was I was not informed of the refusal at all by that representative until I found out myself in January 2011 (The refusal letter was in November 2010). When I applied again in January 2011 (within a few weeks of finding out during which I went off work), it was granted successfully without any questions asked from the case worker at Croydon PEO.

sasathorn wrote:The original refusal letter was only stating that I was welcome to re submit application or appeal which was within 28 days of that original letter in November 2010; but the implication was I was not informed of the refusal at all by that representative until I found out myself in January 2011 (The refusal letter was in November 2010). When I applied again in January 2011 (within a few weeks of finding out during which I went off work), it was granted successfully without any questions asked from the case worker at Croydon PEO.

If in doubt declare it.
The case will be in your history anyway. Questions may be asked if it was not declared.

Think about when that previous leave expired and compare the date of expiry to that of your subsequent application.

Get up to speed on good character here:
https://www.gov.uk/government/uploads/s ... _D_v02.pdf

Thank you very much. I think I will declare it as I always have done when I applied for extension. They should have record of it as I also submitted HO reference number, it is for my own peace of mind also that I declare everything. I have asked my previous solicitor also and he said he would get back to me.

This is what I will put in page 22.
In August 2010, I employed a representative to represent me and submitted in-time application to extend leave to remain in the UK, from Post Graduate doctor category (expired 15 September 2010) to Tier 1 (General) category. I was not informed of the outcome of the application from my representative at all until January 2011, when I called UKBA myself to track the progress because I could not get in contact with the representative. I was informed that my visa application was rejected and that the documentation was sent back to the representative with reason explained in November 2010. When I received documentation back from the representative through his office, I realised the appeal period was already over. I contacted the Immigration Solicitor for assistance, informed the employer at the time and went off work straight away (11 January 2011). I re submitted the application again at Croydon PEO and was granted Tier 1 (General) leave to remain successfully on 25 January 2011. I have informed UKBA since of this incident as this was not the fault of my own.