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Information about US visa overstay

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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aks1980
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Joined: Tue Apr 25, 2017 7:41 am

Information about US visa overstay

Post by aks1980 » Tue Apr 25, 2017 8:02 am

Hello,

I have recently joined an employer who is willing to sponsor a Tier 2 ICT work permit. I wanted your advice regarding inclusion of an US visa overstay that happened 3 years ago.

In early 2014 when I was working in the US, my L1A work permit extension with a different employer was declined. The work permit extension was applied for in Oct 2013 and the decision was communicated to me by USCIS via the employer on 25/01/2014 - approximately 4 months. My visa expired on 24/01/2014 and clearly I wasn't allowed to stay in US unless the extension came through - which it didn't. My employer advised me to leave the US asap as they felt appealing the decision may not be fruitful and it would also add to my overstay should the appeal fail. I left US with family 9 days later on 3/2/2014 as I had to sell most of my belongings, close out the rental agreement etc.

I have the following queries as I begin to fill the UK visa application form

a) Is my US situation a deportation / forced removal? I don't think it is. Therefore, I believe I should answer the relevant question as 'NO'. Please advise.

b) Do I need to mention the US visa overstay? If yes, where do I mention it? It seems to me that I should mention it. I'd rather UK immigration find this out from me than find out themselves as they review my application and look at visa stamps and travel dates etc. But then, I am in two minds if this information needs to be provided at all and if it will negatively influence their assessment of my case.

Any inputs would be greatly appreciated. I can speak about this with my employer's immigration cell, but I would like to have that conversation after I have some advice from this forum.

Thanks in advance.

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