Have u ever stayed in the United Kingdom beyond the end visa

[dsohanpal]

Hello All,
I am going to apply for Tier1 visa extension and the application form has question "Have you ever stayed in the United Kingdom beyond the end of your period of leave". And for me answer is "Yes" as I stayed until 16/01/2005 while by work permit expired on 05/04/2004.

After this work permit i was granted 2 business visa to UK, One Tier 1 new visa. Please can you let me know if this is going to cause any issue. As far as i remember my employer had informed Home office about this overstay, however i don't have any letter to prove it whatsoever.

After 2005 i lived and worked in Europe and never violated any immigration law.

Please can any one comment.

[thebionicredneck2003]

Hi,

2 questions:

1. Why did you overstay?
2. Was your overstay not declared on the application that was made for your business visa or for your Tier 1 visa?

[dsohanpal]

Hi ,
I had to overstay as project was extended.
To be honest I don't remember if I mentioned that in my initial applications and as far as I remember no such question was in the form.
I won't hhave lied.
Thanks
Dilpreet

[thebionicredneck2003]

I am no expert on overstaying, as it is one area that I try to avoid like the plague, because it has so many repercussions.

It is hard to give advice without knowing what you filled out in your previous application. I am pretty sure you must have had to declare that you overstayed in your previous applications. If you did not declare that you overstayed and then managed to get the visa, then you could be in hot water when you apply for the extension if you are found out.

On a personal note, you should be honest about your previous overstay when you apply for the extension and hope for the best, as if you don't declare this and you are found out, you would most likely receive a ban.

Maybe other members on the forum can add something extra, but that's my two cents.

[hsmp1412]

Again I am no expert in overstay matters, but it doesn't make sense that you had to stay as the project got extended. If it did and you were required, surely your company should have filed for an extension of your visa. Do you mean that you were illegally employed by your company even after the expiry of your WP?

Sorry for the rude questions, jut trying to understand your case.

[dsohanpal]

Hi,

Its just that I don't remember. My office/employer had written to homeoffice whilst i was having valid visa asking permission to extend the visa for few weeks.
It is just that i don't remember or have any letter currently to exactly tell what was the context etc...
So I am not really certain what i must do...my appointment for extension is on 21-feb and i don't have enough time to get this info from homeoffice under data protection act.

So...any expert advise...
i am scared....really scared.
thanks

[cs95tdg]

If you list your immigration history as you know it now, that would help. Start from the beginning with Entry Clearance date, Any subsequent in-country leave to remain extension application dates (along with corresponding LTR effective & expiry dates) since then along with immigration categories. Also include in this list, the time period you believe you overstayed to understand how much time has elapsed since then & the length of the overstay period.

One piece of advice to you is, from this point onwards keep a record of all immigration applications you make, as you certainly don't want to be in this situation when/if you go to apply for ILR.

Irrespective of whether you receive it on time for this application, I would still make a SAR to find out your complete immigration history.

[dsohanpal]

Hi,

I have just managed to get NPEE(NPEE - Notification of End of Employment) filed by my employer on 15-Jan-2005. Stating that my employment is ending on 15-01-2005 even though my WP had expired on 05-Dec-2004.
Does this mean any thing ?

I mean does it give any indication that homeoffice was informed about my stay beyond the WP dates.

I have taken your advise and already posted SAR.

Regards

[cs95tdg]

That doesn't make much sense to me. The reason is because, according to my understanding, an employer submits a NPEE (Notification of Premature End of Employment) if they want to end a company sponsored WP Holders LTR before its original expiry date. I.e. hence the word "premature". In your case you say your WP expired on 05-Dec-2004 and your employer filed a NPEE after that date (or have you got the dates wrong here?). I cannot understand why they would have done that, as you no longer had LTR as WP Holder for them to request for a premature end to it.

Why don't you just list your immigration history as suggested before and let me understand whether what happened then would affect this particular LTR extension application you are about to make.

What you really need is the result of your SAR. But as that isn't available you're going to have to do your best to list what you know using your passport(s) and any relevant documentation you have with you.

[dsohanpal]

That doesn't make much sense to me. The reason is because, according to my understanding, an employer submits a NPEE (Notification of Premature End of Employment) if they want to end a company sponsored WP Holders LTR before its original expiry date. I.e. hence the word "premature". In your case you say your WP expired on 05-Dec-2004 and your employer filed a NPEE after that date (or have you got the dates wrong here?). I cannot understand why they would have done that, as you no longer had LTR as WP Holder for them to request for a premature end to it.

Why don't you just list your immigration history as suggested before and let me understand whether what happened then would affect this particular LTR extension application you are about to make.

What you really need is the result of your SAR. But as that isn't available you're going to have to do your best to list what you know using your passport(s) and any relevant documentation you have with you.

Hi, thanks for your response.
NPEE was a kind of surprise for me as well. I even didn't knew until yesterday that this existed. Anyways Here is the history

1. WP granted from 05-Jun-2003 to 05-Dec-2004.
On this WP i travelled to UK on 15-Jun-2003 and stayed until 09-Sep-2004. Went back to India and on same WP working for same employer returned to UK on 16-Nov-2004 and stayed until 15-Jan-2005. So this is the history

2. After this i got 1 business visa to UK in Sep 2006 for six months, but i never travelled on that visa.

3. From Oct 2006 to Mar 2009 I lived and worked in Holland.

4. On Aug 2009 i got another business visa for UK until Jan 2010. Travelled on this visa and returned back before visa had expired.

5. Got Tier 1 Visa on Apr 2010 and it expires now on 01-Apr-2013.


The issue is with point number 1 (WP above). My employer to the best of my knowledge and memory had informed and sought homeoffice permission to extend my stay for few weeks until 16-Jan. And as far i recollect my passport was also sent to homeoffice. However i have no stamps on it indicating any extensions beyond 05-Dec-2004. NPEE document was created on 21-Dec-2004 (Looking at properties of the Word document ) and all the details like date, address and WP reference number matches my detail. So big questions

1) If my employer informed homeoffice using NPEE my departure as 15-Jan. means my employer must have got a permission for extending my stay beyond WP date (05-Dec-2004).
2) Did i over stay ?
3) is it going to effect my application now for extension ?

Thanks for all ur responses

[cs95tdg]

As expected, without a SAR it won't be possible to tell whether your employer did in-fact request an extension of your WP & LTR on it for the period 05-Dec-2004 to 15-Jan-2005. But if they did, then I see no issue there. I.e. you wouldn't have overstayed. Getting the result of your SAR will definitely help here.

There is a significant gap between your LTR grant as a WP holder and your subsequent EC grant as a T1G Migrant. As that application was successful, then IMO I don't see an issue in you being granted an extension, so long as you meet the necessary T1G requirements (& are not found to have used deception in your original T1G application).

[dsohanpal]

Hi All,

Being thinking about. Since i had 3 approved applications before this. If there was any such issue with overstay or false information they would have picked up earlier as well. Am i get paranoid or i should now just leave it god and case worker.

Thanks

[cs95tdg]

There is a significant gap between your LTR grant as a WP holder and your subsequent EC grant as a T1G Migrant. As that application was successful, then IMO I don't see an issue in you being granted an extension, so long as you meet the necessary T1G requirements (& are not found to have used deception in your original T1G application).

In short, I wouldn't worry.

[dsohanpal]

There is a significant gap between your LTR grant as a WP holder and your subsequent EC grant as a T1G Migrant. As that application was successful, then IMO I don't see an issue in you being granted an extension, so long as you meet the necessary T1G requirements (& are not found to have used deception in your original T1G application).

In short, I wouldn't worry.

Thanks. In year 2004/05 Assuming if my employer had applied for extension of WP. In what form Homeoffice must have informed my employer about the extension if granted/refused. what was the process than to apply for such request and how much time they would have taken to decide on it.
Also if my employer filled NPEE with end of employment as 15-Jan-2005 wouldn't it mean that my employer was informed about my extension. Otherwise is a simple declaration by my employer that they had one overstayed employee and it will put them in a bad spot.

Pardon me.. this is driving me crazy.

[cs95tdg]

Thanks. In year 2004/05 Assuming if my employer had applied for extension of WP. In what form Homeoffice must have informed my employer about the extension if granted/refused. what was the process than to apply for such request and how much time they would have taken to decide on it.
Also if my employer filled NPEE with end of employment as 15-Jan-2005 wouldn't it mean that my employer was informed about my extension. Otherwise is a simple declaration by my employer that they had one overstayed employee and it will put them in a bad spot.

Pardon me.. this is driving me crazy.

It appears that you are going to be over-worried, irrespective of what response you get. Based on what you have stated here I honestly doubt there will be a problem with your extension. The only reasons I see that could cause a problem would be as I said before - you not meeting the requirements or deception in a former application (but you appear to be confident that this was not the case - so there can really be nothing to worry about).

If you want the rules that were in place in 2004/05, you will need to look through the UKBA archives, I doubt many people on this forum now, will be able to tell you how long it took to make a decision on a WP extension application at that time.

The guidance for Employers in 2008 is given below, likewise there would be guidelines for applications before that depending on when rules changed, but you will need to search for them: http://webarchive.nationalarchives.gov. ... de0408.pdf

The SAR result will give you what you want, without much effort, but that will take time & you will need to be patient. My advice is not to worry. (If not try and contact the employer who got your WP & WP extension to find out the sequence of events as they happened. - not required IMHO)

[dsohanpal]

Hi All,
Today I got my extension done for tier 1 general for 2 years. Thanks all for sounding their suggestions.
A quick details of what happened in croydon office.
Appointment was at 9.20. Arrived at the office 30 mins early. Thru security, fees and biometrics.
After that called to desk for docs extra.
Since I am employed sraigh 12 payslips, bank statements and application form.
In this form I disclosed that in year 2004/05 I might have overstayed as I was not sure if my employer applidd for my WP extension that time. The case worker did not ask any single question. Got it approved at 10.52am so exacly 1 hr 32 mins for everything.
Got the approcal letter and expecting biometrics card.
I am pleased with the outcome. I guess summary would stay honesr and clear in application and it will be fine.
Thanks all once again.
Good luck to all applicant's

[cs95tdg]

Good to hear it was smooth sailing in the end!

[thebionicredneck2003]

Excellent news.

It shows that honesty is always the best policy.

Best wishes mate.