Legal stay post expiry

sussexguy · Post by **sussexguy** » Tue Nov 27, 2012 5:44 pm

Hello,

Could anyone tell me how many days one can stay before breaking the rule after the last day on the current leave to remain.

My VISA expires on the 12th Dec. Am I able to apply on the 13th or 14th?

Perhaps an online or paper application? Please help.

regards,
S

Post by **Lucapooka** » Tue Nov 27, 2012 6:13 pm

You break the rules the day after your leave expires. You are not penalized for breaking the rules if you limit your stay to no longer than 28 days.

Post by **Greenie** » Tue Nov 27, 2012 6:25 pm

However note that if you apply after your leave expires you will lose the right to work (and to claim benefits if you have this right) and won't get a right of appeal if refused so best to apply in time.

sussexguy · Post by **sussexguy** » Tue Nov 27, 2012 6:44 pm

Lucapooka wrote:You break the rules the day after your leave expires. You are not penalized for breaking the rules if you limit your stay to no longer than 28 days.

Thanks a lot Lucapooka, I would be very grateful if you could point me to the right section on UKBA website which says this.

Also, will it affect (less than 28 days overstay) if I plan on applying for a 10 year ILR. I know I am thinking far ahead on this. This is just for my knowledge.

Regards,
S

sussexguy · Post by **sussexguy** » Tue Nov 27, 2012 6:46 pm

Greenie wrote:However note that if you apply after your leave expires you will lose the right to work (and to claim benefits if you have this right) and won't get a right of appeal if refused so best to apply in time.

Thanks. Could you please point me to the right section on the UKBA website. What do you mean by lose the right of work? Will I be allowed to make a
Tier 2 (General) application which is a work VISA.

Regards,
S

Post by **Greenie** » Tue Nov 27, 2012 7:16 pm

You can make the application but you won't be able to work whilst the application is being decided if you apply after your leave expires. What leave do you have currently?

sussexguy · Post by **sussexguy** » Tue Nov 27, 2012 9:08 pm

Greenie wrote:You can make the application but you won't be able to work whilst the application is being decided if you apply after your leave expires. What leave do you have currently?

Thanks. I have Tier 2(General) on contract which is running out. The next application will be based on a contract too.

Could you please point to the relevant section on UKBA website please.

Regards,
S

Post by **Greenie** » Tue Nov 27, 2012 11:18 pm

See para 245HD (p) for 28 day rule.

Google 'section 3C of the immigration act 1971' to understand why you can't work if you overstay unless and until you are granted further leave under tier 2.

sussexguy · Post by **sussexguy** » Wed Nov 28, 2012 10:15 am

Greenie wrote:See para 245HD (p) for 28 day rule.

Google 'section 3C of the immigration act 1971' to understand why you can't work if you overstay unless and until you are granted further leave under tier 2.

Thanks Greenie,

I have referred to the sections you have pointed out. I am happy with that.
My only other concern is if one overstays for less than 28 days, does this makes the immigration history questionable in future? especially while applying for an ILR, followig 5 years Tier 1/2 or 10 years continuous legal stay?

Please help.

Regards,
S

sussexguy · Post by **sussexguy** » Wed Nov 28, 2012 12:18 pm

Hi Greenie,

While I would still like to see your answer, I found under 245HF that an overstay of 28 days or less can be disregarded for ILR based on continuous stay.

Do you suggest having few days of overstay is acceptable. I know I will have to wait till I get my VISA before starting to work.

Regards,
S

Post by **vinny** » Tue Dec 04, 2012 1:59 am

sussexguy wrote:Hello,

I have a little problem. I might have a job interview in the due course.My current VISA is valid till 14th Dec. Is there a way to somehow manage two weeks beyond my VISA expiry?

I know that upto 28 days overstay may be disregarded as an offence. To be entirely honest, I don't want to be in breach at all. I am also aware that if I overstay and then make a Tier 2 (General) application then I have to wait until the VISA comes through before commence working. Could anyone verify this, please? Also, could you point me to the right section of the immigration law which says this?

I also have two questions:

a) Can I make an application for Tier 2 (General) VISA on the last day i.e 14th Dec in order to commence working?

b) Can I make a SET (O) application before my current VISA expiry date- a special case application and then withdraw to make a Tier 2 (General) application? Will I lose my application fees in this process? Although, I think this will allow me to be on the right side of the law.

Please advice me on my situation.

Regards,
S

Post by **Greenie** » Tue Dec 04, 2012 9:18 am

Please see answers to most of these questions here

http://www.immigrationboards.com/viewto ... 919#743919

i have already explained why you cannot work at all if you overstay.

Immigrationboards.com: Immigration, work visa and work permit discussion board

Legal stay post expiry

Legal stay post expiry