Overstayer (Regularisation)

[ahmednuk]

Hi Everyone !

Any one knows anything about regularisation of overstayer...I know some one who is here for about 5 years and holds a valid job.

[Mr Rusty]

"a valid job"???? - no such thing, if you don't have leave to remain.
Considerably more information required before any worthwhile advice can be offered, such as:
Nationality
Date of entry to UK
Conditions of entry
How this job was obtained - is he working in his true identity?
Any possible compassionate circumstances, i.e relatives here, wife/partner/children

[ahmednuk]

Thanks Mr Rusty,

His nationality is Indian.

He came to UK in 2002 on visitor visa. He was offered a job in UK and due to some problem with his qualification his work permit was declined. The refusal came after 6 months and meanwhile he had already signed a contract for 5 years....with a massive company in UK holding 60+ franchise across....

He was also caught in raid in 2005 at his home. After knowing the situation the officers released him saying that he should get a proper consultation from a lawyer and gave him IS96 (to report every week to HO)...He went to HO and explained all of his situation but they were unable to help....and asked his to reattend every week...he attended for 6 weeks and no results then he contacted an immigration attorney and filed regularisation of his case but he did not recieved any decision...yet....

Now he is still working and got another five years renewal now...the employer is willing to help....and dont want to loose him....he is got extreme role at his work place and has gone through all the exams that he required at his work...

[paulp]

I'm not sure that 5 years of illegally working in the UK will actually help him.

[Wanderer]

Also his company is liable for a 10k fine for employing an illegal...

[Mr Rusty]

Thanks Mr Rusty,

His nationality is Indian.

He came to UK in 2002 on visitor visa. He was offered a job in UK and due to some problem with his qualification his work permit was declined. The refusal came after 6 months and meanwhile he had already signed a contract for 5 years....with a massive company in UK holding 60+ franchise across....

He was also caught in raid in 2005 at his home. After knowing the situation the officers released him saying that he should get a proper consultation from a lawyer and gave him IS96 (to report every week to HO)...He went to HO and explained all of his situation but they were unable to help....and asked his to reattend every week...he attended for 6 weeks and no results then he contacted an immigration attorney and filed regularisation of his case but he did not recieved any decision...yet....

Now he is still working and got another five years renewal now...the employer is willing to help....and dont want to loose him....he is got extreme role at his work place and has gone through all the exams that he required at his work...

Well, that's such a can of worms it's hard to know where to begin. He came with a visitor's visa, so either he was refused under the "no switching" rule or he supplied false details. It's difficult to believe his employers knowingly supported any application, and if they did, and continue to employ him knowing that he's been refused, they richly deserve the £10000 fine that Wanderer has pointed out is coming to them.

If he was arrested and served with papers by Immigration Officers in 2005 the most likely reason he's still here is because he had disposed of his passport, and the Indian authorities are notoriously uncooperative about supplying a replacement - he may have supplied inaccurate details.

So, he attended for 6 weeks, and then....? Is he an absconder also?

As PaulP has pointed out, his work record here counts for nothing, he's not entitled to work. Full Stop.
If he's such a high achiever he should seriously consider returning to India and participating in their alleged economic miracle.

[Dawie]

You cannot "regularise" your stay from within the UK. He will have to leave the UK and apply for a visa from India, providing he can find a visa he qualifies for. But to be honest there's almost zero chance of the British embassy in India granting a visa to someone who's overstayed for 5 years.

[VictoriaS]

Is he still reporting?

Victoria

[IMMIGRATION LAWYER]

The phrase about the lawyer who applied for regularization on his behalf made me smile...On what groounds ?