Question on overstaying

[starfish]

hiya,

a few years ago i was on a working holiday visa which expired while i was travelling...i stayed in the UK while for 2 weeks waiting for my travelling buddy in england, but wonder if i have to declare this on my tier 1 application as an over stay (since I was in france for a few days and they let me back in with expired visa)...my lawyer said it shouldn't be an issue since I have since returned and been granted other visas.

thanks!

[vinny]

2 weeks overstay is okay and should be declared, else you may face a 10 year ban due to deception.

[CatCityGal]

If a working holiday maker got married in the UK and was unable to return due to the passport being held in the home office, would that be an offence? The passport has expired. All the decision of staying are base on solicitor's advice. All the letters from the solicitor are kept. Solicitor kept on saying because the application was submitted before the WHM visa expire, she is considered legally staying in the UK. Her husband is British Oversea Citizen waiting for ILR.

If she decide to go back to her country voluntarily now, will this affect her application from her own country. She decided to go home and apply because was told that the process will be faster that staying here for years now. Also, since the passport has expired, what can she do to avoid leaving a bad record?

[vinny]

Solicitor kept on saying because the application was submitted before the WHM visa expire, she is considered legally staying in the UK.

Yes.

[CatCityGal]

She's not really sure herself. According to the solicitor, it's a join application with the husband. Meaning if the husband was granted ILR, she will get hers as well.

It's quite doubtful coz there is no mentioned anywhere that such rule exist. Wouldn't it just a normal spouse visa?

[vinny]

Normally, she needs to have dependant status before being eligible to be included with her husband's ILR application.