NEW APPLICATION TIER 2..when to consider that you overstay?

[0205]

hi huys need help...
I have received a letter from UKBA that licence of my employers licence has been revoke since March and only found out 1st of July,the day I recieved the letter. I have figured out that I need to find new employer who can sponsor me .And because of too much stress , I was hospitalized and had surgery,which make me unfit to work for 5 weeks in total.So then I have utilized all the time given by me by the UKBA .However ,because of my eagerness to find employer , I still search and able to attended an interview ang greatfully passed it.But, they wont be able give the COS due they need to pass the resident labour market test which is only 2 weeks after my leave to remain.

Now, I managed to asked the UKBA officer about my situtation and given 28 days ,after my leave to remain ,however its only an advice me verbally .And now im bit worried about it ,its ok or lawfull.

I am planning to apply new application for another Tier 2 postal ,as they wont allow me to apply by personal apperance.

I just would like to asked how would I answer the question in the form ,the Date of my leave expire..would I write the officer told me verbally or the letter given to me by the UKBA?will I be consider overstaying ?
And how long this process takes .

thank you

[vinny]

hi ,

I am now overstayed ,however 2 days before my leave to remain the immigartion officer given me 28 days grace period .

can i apply new visa within the 28 days grace period or not as my application will be out of date ?(visa already expired).

please help

[vinny]

PBS rules permit out of time leave to remain applications. However, there's no right of appeal against a refusal.

[Greenie]

The date your leave expires is the date on the letter given to you by UKBA and not the date verbally given to you.

The 28 days the UKBA official was referring to is the 28 days 'grace' that any migrant is given in that an overstay of less than 28 days does not result in a mandatory. Read Vinny's links above which show that you are able to make an out of time application under Tier 2. However note that if for any reason your application is refused, not only will you not get a right of appeal, but by then you are very likely to have overstayed for more than 28 days due to the current processing times meaning that you will be subject to a ban of at least a year on future application for entry clearance under 320(7B)

[vinny]

Very good point.

[0205]

,
thank you for your response ,
I am just so worried that if I apply out of date they will refused it straightaway. However ,my reason is that within my allowable to find a new employer i was on sick note and unfit to work ...as well I was taken blood test which the result took place after my leave to expire ..would that be a good reason or acceptable ? added to this my new employer can only give me the cos after the resident market test is achieved which is 2 weeks after leave of expiration.

[Greenie]

Read the links posted by vinny. There is no requirements in the tier 2 rules to have current leave. You just need to have last had leave in one of the relevant categories. As long as you declare your overstay. On the form in the relevant section and make a good application then they shouldn't use the overstay against you.

Note that you cannot work until you are granted further leave to remain.

[pricesoft]

I recently (July 2011) submitted an out-of-time application and my Tier 2 visa was granted. My previous visa actually expired as far back as last year August but I had leave to remain under section 3D because I had lodged an appeal. Unfortunately my appeal fell through and hence I effectively became an overstayer from the day I was served the decision on my appeal.

Anyways, I submitted an out-of-time application a few days after I received the decision and my Tier 2 visa was granted.

As always, it's important to seek good advice on your case.