Work permit applied but visa expiring

[balak2]

My company applied for my work permit and it got rejected. They are going to apply for my work permit again tomorrow[29-Jan-2008]. But my visa is going to be expired on 08-Feb-2008.

As far as I understand, I can apply for an extension saying that my work permit is being processed. Let's say my work permit application is rejected and I get this decision on 15-Feb-2008. As my visa is expired but is still with the Home Office, will I be considered as overstaying?

And after they return my passport, do I get any time period to leave the country?

Kindly advise me on this issue please.

[paulp]

My company applied for my work permit and it got rejected. They are going to apply for my work permit again tomorrow[29-Jan-2008]. But my visa is going to be expired on 08-Feb-2008.

As far as I understand, I can apply for an extension saying that my work permit is being processed. Let's say my work permit application is rejected and I get this decision on 15-Feb-2008. As my visa is expired but is still with the Home Office, will I be considered as overstaying?

And after they return my passport, do I get any time period to leave the country?

Kindly advise me on this issue please.

As long as you submitted your FLR application before your visa expires, you will benefit from Section 3C protection (continuing leave). If your work permit is not approved, your FLR will be refused and you will probably get 28 days to appeal, make another application or leave the country.

[balak2]

Thanks for your quick reply. I am not intending to appeal if my application is rejected.

I'll be leaving the country. But my worry is that will I considered as a 'overstayer' when I leave? Will this have an effect on future applications?

[paulp]

Thanks for your quick reply. I am not intending to appeal if my application is rejected.

I'll be leaving the country. But my worry is that will I considered as a 'overstayer' when I leave? Will this have an effect on future applications?

Don't worry, you won't be an overstayer if you leave in the 28 day "grace" period after any refusal.

[balak2]

Thanks paulp.

Are you sure about the 28 day "grace" period? I spoke to a customer service advisor and he told me that there is no such grace period.

I can live with the work permit application rejection to an extent. But if the supposedly 'overstay' adversely affects any of my future applications, it'll be a great blow.

[paulp]

It would be good if we can have confirmation from the gurus on this matter.

Thing is, your leave is treated as continuing while the HO is processing your application. If they refuse, they can't make you an overstayer overnight, so they usually give 28 days to give you time to wind up things and leave the country.

[balak2]

Thanks. Could any of the gurus throw some light on this issue?

[SYH]

Thanks paulp.

Are you sure about the 28 day "grace" period? I spoke to a customer service advisor and he told me that there is no such grace period.

I can live with the work permit application rejection to an extent. But if the supposedly 'overstay' adversely affects any of my future applications, it'll be a great blow.

28 grace period is not official, so they will not confirm it, but they tend to not bother you within that time frame. If you applied for your FLR, and your second work permit is reject, the HO will reject your FLR and put in writing to please leave in a certain amount of time.

[aaa123]

Thanks paulp.

Are you sure about the 28 day "grace" period? I spoke to a customer service advisor and he told me that there is no such grace period.

I can live with the work permit application rejection to an extent. But if the supposedly 'overstay' adversely affects any of my future applications, it'll be a great blow.

28 grace period is not official, so they will not confirm it, but they tend to not bother you within that time frame. If you applied for your FLR, and your second work permit is reject, the HO will reject your FLR and put in writing to please leave in a certain amount of time.

I had the same situation and when my FLR rejected they asked me to leave as soon as possible rather than giving me any time frame !!!!! I am leaving very soon and that would be 6 weeks from date on the passport.....I am scared....

[paulp]

Section 3C still protects you till about 12 working days after the HO sends the refusal letter. This is to keep you legal while you still could make an appeal, if you so wish. The rest of the 28 days appears to be a "grace".

[chem1]

Just out of curiosity, why was the work permit rejected? How long did you have to wait before getting news of the rejection?

[a12345]

Section 3C still protects you till about 12 working days after the HO sends the refusal letter. This is to keep you legal while you still could make an appeal, if you so wish. The rest of the 28 days appears to be a "grace".

Does it mean that i can saty for 12 + 28 = 40 days. as i wanna stay for 30 days to be exact!!!!! I still have 4 or 5 days to apeal......so GURUS WHERE ARE YOU ......

[a12345]

Section 3C still protects you till about 12 working days after the HO sends the refusal letter. This is to keep you legal while you still could make an appeal, if you so wish. The rest of the 28 days appears to be a "grace".

Could you please give me any refrence or link to offical thread/url for particular comments....

[paulp]

Does it mean that i can saty for 12 + 28 = 40 days. as i wanna stay for 30 days to be exact!!!!! I still have 4 or 5 days to apeal......so GURUS WHERE ARE YOU ......

No, Section 3C gives you about 12 days but the HO is "graceful" and allows you 28 days in total.

[a12345]

Does it mean that i can saty for 12 + 28 = 40 days. as i wanna stay for 30 days to be exact!!!!! I still have 4 or 5 days to apeal......so GURUS WHERE ARE YOU ......

No, Section 3C gives you about 12 days but the HO is "graceful" and allows you 28 days in total.

are they 28 working days.....also in my refusal letter there is no mentioning of 28 days and i have confirmed this with the home office ......8 or 9 days overstay on top of 28 days period !!!! is it going to harmful!!!!!!!!!!!!!!!

[paulp]

Could you please give me any refrence or link to offical thread/url for particular comments....

Here is the relevant section:

8. CONTINUATION OF LEAVE WHILE AN APPEAL COULD BE BROUGHT

Under sections 3C(2)(b) and 3D(2)(a) leave is extended while an in-country appeal could be brought against an immigration decision under section 82 of the 2002 Act (see IDI Chapter 12 for a complete list of immigration decisions).

An appeal can be brought until the end of the time limit for appealing against a decision which is 10 working days from receipt of the notice of decision. If the decision is sent by first class post, the decision is deemed to have been received 2 days after it was sent, unless there is proof to the contrary.

If no appeal is brought in time, leave to remain which is extended by 3C or 3D will lapse. If an out of time appeal is accepted by the Tribunal, leave is extended until the appeal is finally determined, withdrawn or abandoned.

[paulp]

are they 28 working days.....also in my refusal letter there is no mentioning of 28 days and i have confirmed this with the home office ......8 or 9 days overstay on top of 28 days period !!!! is it going to harmful!!!!!!!!!!!!!!!

No they're not working days, the HO used to send letters saying you had 28 days to appeal, apply in another category or leave the country. If they have stopped doing that, then they may have changed policy.

[a12345]

Could you please give me any refrence or link to offical thread/url for particular comments....

Here is the relevant section:

8. CONTINUATION OF LEAVE WHILE AN APPEAL COULD BE BROUGHT

Under sections 3C(2)(b) and 3D(2)(a) leave is extended while an in-country appeal could be brought against an immigration decision under section 82 of the 2002 Act (see IDI Chapter 12 for a complete list of immigration decisions).

An appeal can be brought until the end of the time limit for appealing against a decision which is 10 working days from receipt of the notice of decision. If the decision is sent by first class post, the decision is deemed to have been received 2 days after it was sent, unless there is proof to the contrary.

If no appeal is brought in time, leave to remain which is extended by 3C or 3D will lapse. If an out of time appeal is accepted by the Tribunal, leave is extended until the appeal is finally determined, withdrawn or abandoned.

I received the letter 2 days letter as the stamp says!!!!Please also reply to the other post for the same issue.....

[paulp]

I received the letter 2 days letter as the stamp says!!!!Please also reply to the other post for the same issue.....

The 28 days grace was an internal policy of the HO. If they have stopped mentionning it in their letters, maybe they have changed policy.

[a12345]

I received the letter 2 days letter as the stamp says!!!!Please also reply to the other post for the same issue.....

The 28 days grace was an internal policy of the HO. If they have stopped mentionning it in their letters, maybe they have changed policy.

Can it be interpret as a relief for an over satyer for 9 or 10 days on top of 28 days!!!!Thanks once again for quick replies

[paulp]

Can it be interpret as a relief for an over satyer for 9 or 10 days on top of 28 days!!!!Thanks once again for quick replies

No.

[a12345]

Can it be interpret as a relief for an over satyer for 9 or 10 days on top of 28 days!!!!Thanks once again for quick replies

No.

I have overstayed.......

[a12345]

Could you please give me any refrence or link to offical thread/url for particular comments....

Here is the relevant section:

8. CONTINUATION OF LEAVE WHILE AN APPEAL COULD BE BROUGHT

Under sections 3C(2)(b) and 3D(2)(a) leave is extended while an in-country appeal could be brought against an immigration decision under section 82 of the 2002 Act (see IDI Chapter 12 for a complete list of immigration decisions).

An appeal can be brought until the end of the time limit for appealing against a decision which is 10 working days from receipt of the notice of decision. If the decision is sent by first class post, the decision is deemed to have been received 2 days after it was sent, unless there is proof to the contrary.

If no appeal is brought in time, leave to remain which is extended by 3C or 3D will lapse. If an out of time appeal is accepted by the Tribunal, leave is extended until the appeal is finally determined, withdrawn or abandoned.

Could you please tell me who should I contact regarding making the appeal and which form should I use for this purpose......OR should I make this appeal through my New Employer or Work permit consultant working on my employer behalf and at the moment is in process of making a fresh out of country application....Thanks and
Regards

[a12345]

Can it be interpret as a relief for an over satyer for 9 or 10 days on top of 28 days!!!!Thanks once again for quick replies

No.

I have overstayed.......

I am waiting for the replies chaps.........come on keep replying ....waiting ...thanks