Applying for entry clearance, worked beyond previous visa

[GDC]

I have received approval for a Work Permit to enter the UK for 18 months, and I am now applying for entry clearance.

I left the UK in April because I had worked for longer than the allowance on my previous visa (a visa which could not be extended). Now I am concerned that my entry clearance will be jepoardised for the overwork, and I will not be considered an "overstayer" either which would have afforded me the benefit of the amnesty for leaving voluntarily before Oct 08.

Any advice on what may be the worst case scenario, as I need to make contingency plans here!!

cheers,
G

[beever]

I have received approval for a Work Permit to enter the UK for 18 months, and I am now applying for entry clearance.

I left the UK in April because I had worked for longer than the allowance on my previous visa (a visa which could not be extended). Now I am concerned that my entry clearance will be jepoardised for the overwork, and I will not be considered an "overstayer" either which would have afforded me the benefit of the amnesty for leaving voluntarily before Oct 08.

Any advice on what may be the worst case scenario, as I need to make contingency plans here!!

cheers,
G

hi GDC any updates?

[1971]

You can to HO for Guidance on this or look it up on the BIA website.

I dont think anyone here will be able to give you the excat Caseworker's decision. It's dependent on the CW.

Cheers/1971.

[William Blake]

Are you sure the concession won't apply to you? I think the new 320(7B) is meant to apply to all who have a previous break of UK immigration rule including working beyond your time limit. So the concession would apply to you not just overstayers?

320(7B) DOES NOT APPLY TO ALL CATEGORIES/CASES. SEE CHAPTER 26.17.4 BELOW FOR A FULL LIST


26.17.1 What is a previous breach of the UK's immigration laws?
Under paragraph 320(7B) of the immigration rules, an applicant has previously breached the UK’s immigration laws if, in the past, he has:

overstayed for more than 28 days (or for any period if, after
overstaying, he went home at public expense);
breached a condition attached to his leave,
entered the UK illegally; or
used deception in a (previous) entry clearance, leave to enter or remain application (whether successful or not).
26.17.2 What immigration rule covers people who have previously breached the UK's immigration laws? [Updated 9 July 2008]

From 1 April 2008, under Paragraph 320(7B) of the immigration rules an applicant must have their entry clearance application refused if they used Deception (Please read paragraph 16.2 above) in an entry clearance application within the previous ten years.

In addition, an applicant must have their application automatically refused if they:

sought leave to enter or remain by deception,
were an illegal entrant
overstayed for more than 28 days (or any period if they left at public expense- including through an Assisted Voluntary Return or similar programme) or
breached their conditions of stay (e.g. worked illegally).

As concessions outside the Rules, you should also not refuse an applicant under 320(7B) if:

The applicant has been accepted by UKBA as a victim of trafficking (please read 26.17.6 below);
the applicant was in the UK illegally on or after 17 March 2008 (date of announcement) and left the UK voluntarily before 1 October 2008 (please read 26.17.5 below).