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i'm confused

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woowoor75
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i'm confused

Post by woowoor75 » Wed Jan 31, 2007 12:58 pm

Hello everyone, i've got a few questions maybe somebody can help me. I'm romanian, i've been in UK for 3 years with a SBS work permit, but last year i've overstayed my visa, because they stopped the SBS permits. Now, i found a job in a hotel as a receptionist, but my employer doesn't know what papers i need so i can work legally.
As well, my partner is south-african with a 5 year work permit visa, and we're together for 3 years. Last year i wanted to apply for unmarried partners visa, but i've been told i had to go home and apply from there and there weren't many chances of getting it because i've overstayed my visa.
Now i really don't know what to do, should i apply for unmarried partners visa and would it be possible to apply from UK now that we're in EU, or ...are there any other options?
Thank you for your help.

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Re: i'm confused

Post by Administrator » Wed Jan 31, 2007 3:17 pm

.
woowoor75 wrote: [...] but last year i've overstayed my visa, because they stopped the SBS permits. [...]
Let us be clear about something here. You overstayed your visa because you were still in the country after your visa expired.

That is how the government sees it, no matter your personal opinion. If you try to explain it as filtered through your personal opinion, you will find that no one in the government will be very sympathetic.

Additionally, the SBS program was not and is not halted. It was planned to phase it out, but the government changed their mind on the subject. In fact, specifically for Romanians and Bulgarians.


While I can't give you specific advice as to your next options, and I do, in fact, have some sympathy toward your predicament, I would like to suggest that you craft a story that might allow folks in immigration to grant you some sort of favor or exception.

I overstayed a visa in Latvia two years back. Instead of going in and blaming the immigration staff for bad immigration laws & policies, I accepted my mistake and apologized. I asked them for advice and assistance.

The short of it was that I still was expelled from the country for seven weeks while I sorted out a new application .. however, it was done in a graceful enough manner that I was able to re-apply and come back without being banned for five years.


Moral: consider your personal diplomacy options and give other folks a chance to save face while trying to help out an honest person. You may need to be creative, and you might consider being a bit humble about your "mistake."


Do you have any sort of marks in your passport that prove you overstayed? And by how long? Other documentation or records that you know of?

I managed to make a formal, written request to be allowed to leave the country and they marked my passport showing I was rather cooperative .. which allowed me the grace to return without incident.

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woowoor75
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Post by woowoor75 » Wed Jan 31, 2007 4:28 pm

just before my visa expired in march last year, i've called home office and immigration bureau and everybody told me that i had to go back home because they weren't doing anymore extensions for SBS visas in hospitality and catering, or new ones. They said to go home and come back with another visa,which was difficult. plus, i had my partner here and i didn't do anything wrong, except for overstaying. i paid all my taxes, i haven't got anything in my passport. plus, first time when my first ebs visa expired, i went back home and applied for a new one, and i would've done the same the second time, but they said there weren't anymore the sbs permits for hospitality and catering, i think it was only for food manufacturing, like it is now.

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Post by Administrator » Fri Feb 02, 2007 1:27 pm

.

My mistake. When you said 'stopped' the SBS, I thought you meant the program was halted.

When you wanted to get a new one/extend yours, you found the quota's had been filled and none were currently available.

I am sympathetic to your situation, but the government will have its own opinion. Hopefully some members can offer guidance on how serious this is and what corrective actions are possible.

The conditions of the SBS program are that it is for temporary work. Any person working under this program needs to be aware that the visa can expire and they have to comply with the legal conditions of receiving such a visa.

I overstayed a tourist visa by two days in the example above. I was given six hours to leave the country or face arrest and deportation with a five-year ban. I barely had money for a bus ticket to the next country.

Those are the conditions I accepted when I entered the country.

"It too hard for me to leave" was not a good strategy to make my case with immigration officials. I am strongly suggesting you consider your strategy carefully if you wish to stay or re-enter.

You are coming up on a one-year overstay now. There are serious consequences for that, as you are discovering.

If I can help, I will. Right now, there is nothing I can do. You need a soliciter or a barrister who specializes in this sort of case.

Try http://www.ilpa.org.uk/ Immigration Law Practitioners' Association, for one possibility.

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woowoor75
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Post by woowoor75 » Fri Feb 02, 2007 2:07 pm

Thx alot for your help. I just wish i can apply from UK at least, for unmarried partners visa because everyone i asked said i have to go and apply from home, which i don't understand why considering that Romania is in EU and we don't need a visa anymore.

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Post by Dawie » Fri Feb 02, 2007 7:50 pm

I suggest you read the following Home Office link on what the transitional arragements for Romanians and Bulgarians are with regard to working in the UK.

http://www.ind.homeoffice.gov.uk/aboutu ... iabulgaria
In a few years time we'll look back on immigration control like we look back on American prohibition in the thirties - futile and counter-productive.

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Post by woowoor75 » Fri Feb 02, 2007 8:21 pm

Hi Dawie, thx for the link, but believe me, i read everything and called everybody about it and everyone says a different story. I was hoping there is someone in the same situation, or know someone that is been through something like that, or maybe an immigration lawyer to give an advice. Thx anyway.

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