Possibility of an Overstayer obtaining a Student Visa or WP

[keith160377]

Hello,

I don't know if this has been posted before and I have looked on the boards, but havent been able to find any relevant posts.

I have a friend from South America who overstayed their VISA (due to appealing against the Home office's decision of a VISA change, but I know that the HO will just class it as they overstayed).

My friend is currently back in South America.

But my question is:-

Is it still possible for my friend to obtain a Student Visa or a Work Permit (Visa entry clearance) or to get onto a HSMP , if my friend have been issued with a 10 year file on them?

(My friend said that this overstay was on record for 10 years, so I really have no idea what this means as I am a British Citizen)

My friend wants to live and work legally as a teacher over here and I would be grateful for any help which you can give as I'm really trying to think of various ways of helping them out, but so far I've not had any luck.

Many thanks,

Regards

Keith

[Jeff Albright]

I have a friend from South America who overstayed their VISA (due to appealing against the Home office's decision of a VISA change, but I know that the HO will just class it as they overstayed).

Keith, this is not necessarily true. You need to fill us in on more details. During an appeal process any person's stay is considered legal. It is only if he was an overstayer before lodging his appeal and if he lost his appeal that he will still be classed as an overstayer.

Is it still possible for my friend to obtain a Student Visa or a Work Permit (Visa entry clearance) or to get onto a HSMP , if my friend have been issued with a 10 year file on them?

Student Visa - unlikely, because he has been appealing against something. AIT only deals with the refused asylum applications or refused immigration applications for the persons who applied to stay in the UK permanently, i.e. with the view to settlement, consequently, he will not be able to satisfy the "returnability" criteria necessary to be granted a student visa. The only way for him is to apply under the Category Leading to Settlement, i.e. HSMP, Work Permit, Business Person, Spouse/unmarried partner.

Sorry I do not understand what you mean by "issued a 10 year file on them". Please clarify.

(My friend said that this overstay was on record for 10 years, so I really have no idea what this means as I am a British Citizen)

Sorry, I still do not understand. Has he overstayed for TEN years? Then, why has he left?!?! There are number of grounds could be brought before the Tribunal for him to remain!

My friend wants to live and work legally as a teacher over here and I would be grateful for any help which you can give as I'm really trying to think of various ways of helping them out, but so far I've not had any luck.

Now that he has left, his best bet would be Work Permit or HSMP. Has he assessed his skills against HSMP criteria?

[keith160377]

Hi Jeff,

Thanks for the reply,

I'll try to clarify the situation,

My friend wanted to change a Tourist Visa into a Student Visa and this application was made before the Tourist Visa was due to expire in May.

The application was rejected after the Tourist Visa expired. 2 appeals were made but both were rejected. It was only after the second rejection in November that my friend left the country of their own free will and also under legal advice from a solicitor.

So when my friend left in November it was actually 6 months that they overstayed, since the Tourist Visa was originally due to expire.

My friend tried to re-enter the country recently to sort out some bits and pieces but was refused entry and was given a leaflet about not being allowed back in for 10 years.

The reason why I asked about the Student visa is that I believe that a PGCE is needed in order to teach in England and my friend would need to study this course in order to get this qualification to teach here.

I hope this helps lift some more light on the situation

Regards

Keith

[Jeff Albright]

My friend wanted to change a Tourist Visa into a Student Visa and this application was made before the Tourist Visa was due to expire in May.

Keith, visitors visas cannot be extended unless in truly exceptional compassionate circumstances (for example, if person falls seriously ill that cannot travel)

The application was rejected after the Tourist Visa expired. 2 appeals were made but both were rejected.

On what basis appeals were made?

So when my friend left in November it was actually 6 months that they overstayed, since the Tourist Visa was originally due to expire.

From what you have said it does not appear that your friend has overstayed. If the appeal process was correctly followed then she should not be classed as an overstayer at all.

My friend tried to re-enter the country recently to sort out some bits and pieces but was refused entry

Is she a non-visa national (who does not require the entry clearance from the embassy)?

and was given a leaflet about not being allowed back in for 10 years.

Some kind of confusion here. This is clearly wrong. She can apply to return to the UK at any time, even the next day after returning to her home country.

The reason why I asked about the Student visa is that I believe that a PGCE is needed in order to teach in England and my friend would need to study this course in order to get this qualification to teach here.

I cannot immediately say what chances are for the outcome of her entry clearance application for a student visa. It does not look as if she has overstayed. It appears as if she was legally pursuing her application for student visa. However, it is unlikely she would have been able to change her visitors visa to student one under the Rules. What are the grounds for dismissal of her appeal by the AIT? It is difficult to say not knowing the details. Feel free to ppm if you wish. Was the second appeal reconsideration by the Senior Immigration Judge? What was the basis for reconsideration? You can e-mail me her appeal number and I will see if I could trace it and read the determination.

Best wishes

Jeff

[keith160377]

Thanks for your help Jeff,

Regards

Keith