Didn't get entry clearance within 6 months - help!!

[kea]

Hello, my company forgot to tell me that I needed to get a new entry clearance within 6 months of starting there, after they successfully applied for my work permit while I was in the UK (working at another firm). As a result this got picked up at heathrow when I was on my way home from a work trip. They initially took away my passport and banned me from working and scheduled me for an interview but then a man there got in touch and said I could work and to just apply for my entry clearance late. So I went to the home office and they of course said no, my work permit has expired as I didn't get my entry clearance in time, and so I have to go back to Australia.

The company refuses to take blame but are prepared to apply for me again, from back in Australia which is apparently what must happen. My queries are (a) what are my chances of getting a new visa and (b) if I don't go ahead with that, will I have trouble in the future trying to work in the UK if I want to try and get a work permit say in two years? Is it better to try now with this same company so it is clear that it was just a miscommunication??

[egg yolk]

Has it already been more than 6 months from the issuance of WP?

Yes
A new WP will have to be applied by your company. This will also show a 6 month plus gap on your leave to remain affecting your future chances of settlement.

No
The please apply for it asap.

Good luck.

[kea]

Thank you so much for responding. Sorry, I should have clarified. I have just gone over 6 months, as my company didn't tell me and so I got picked up at heathrow. They initially took away my passport and banned me from working and scheduled an interview but then my case worker got in touch and said I should be allowed to work and to apply for my entry clearance. But I went down to the home office and they said that as I am over 6 months I can't. So I need to go back to Australia. But I want to know if, if I don't reapply with this company now, will it make it harder in a few years to apply with another company if I want to come back?

[egg yolk]

You can apply with whichever company you wish.

Applying with this particular company is not going to put any golden stars on your record or applying with another company is not going to put any black stars either.

You have been asked to go to Australia is because I think you have been accounted for as an overstayer and thats why they ask you to start fresh from your country of origin.

EY

[kea]

Ok, thank you so much. I guess I wondered whether it would be more like I intentionally didn't get my entry clearance in time (although what the benefit of that would be I have no idea) if I didn't try and apply again and kind of 'ran away'. Whereas if I reapplied with that same company it would make it clear that we were both still keen to having a working relationship and it was just simply a miscommunication.

[egg yolk]

Thats very sweet of you to make sure you prove your innocence on why the mistake was made.

However, the Home Office is more concerned with the mistake than why the mistake was made in the first place.

Wish you all the very best.

EY

[kea]

Thank you very much.

Although is that really the case - I thought there was a large difference between 'deception' and 'other' and I want to make sure they realise it wasn't intentional deception or something.

Oh well, thanks.

[egg yolk]

I understand what you are saying - it will be good to keep a record of this miscommunication and events between the company and yourself that ended you in not applying EC.

It may help in any future applications.