6 weeks Overstay by Dependants

ness12 · Post by **ness12** » Fri Dec 26, 2008 11:33 pm

Hi,

I am in UK on work permit (sponsored by my Indian company). My wife and kid are in UK on work permit dependant visas. I changed my visa status to Tier 1 (General) last month (Nov 2008).

[I could not apply for my dependants Tier1 visa along with my application because of the funds requirement.]

My wife and kid plan to go back to India in 1st week of Jan 2009 and apply Tier1 dependant from there.

As per my understanding, they have overstayed for around 6 weeks since the day when I got my Tier1 visa, their work permit dependant visa got invalid. Is my understanding correct?

1. Would there be any problem while they return back to India?

2. Would there be a problem in getting a Tier 1 dependant visa for them (due to the overstay)?

3. Should they mention about this overstay in their Tier 1 dependant visa application?

Please advise if anybody has faced similar situation.

Thanks,

UKbound · Post by **UKbound** » Sat Dec 27, 2008 10:06 pm

You could run into serious problems since they've now overstayed.

I would not send them back to India. They could technically now be banned from re-entering the UK for 1 year.

Your assumption is correct, if they were work permit dependents, then they needed to have their visa changed at the same time that your visa was changed. In reality, this means that they had 28 days from the expiry or termination of their visa to either apply for a new visa, or leave. As a result they are currently in violation of their stay in the UK.

Your best bet is to apply for the proper visa as fast as you can, and hope that you dont run into any problems.

Good luck!

Post by **push** » Sat Dec 27, 2008 11:17 pm

ness12 wrote:Hi,

I am in UK on work permit (sponsored by my Indian company). My wife and kid are in UK on work permit dependant visas. I changed my visa status to Tier 1 (General) last month (Nov 2008).

[I could not apply for my dependants Tier1 visa along with my application because of the funds requirement.]

My wife and kid plan to go back to India in 1st week of Jan 2009 and apply Tier1 dependant from there.

As per my understanding, they have overstayed for around 6 weeks since the day when I got my Tier1 visa, their work permit dependant visa got invalid. Is my understanding correct?

1. Would there be any problem while they return back to India?

2. Would there be a problem in getting a Tier 1 dependant visa for them (due to the overstay)?

3. Should they mention about this overstay in their Tier 1 dependant visa application?

Please advise if anybody has faced similar situation.

Thanks,

There still seems to be a window open for you. Please see the following from the PBS dependent Guidance:

Switching into the route for Family Members of Points Based System Migrants
Switching is permitted when applying as a family member who currently holds leave as the partner or child of a person who had leave under another category and who has since been granted, or is, at the same time, being granted leave to remain as a Relevant Points Based System Migrant.

You might want to get a confirmation from HO before making a final decision, however.
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UKbound · Post by **UKbound** » Sun Dec 28, 2008 12:52 am

good find.. thanks for clarifying.. still probably safer to not let them go home first, though.. Interesting there is no 28 day limit mentioned in the document.

Post by **push** » Sun Dec 28, 2008 9:48 am

UKbound wrote: still probably safer to not let them go home first, though..

Agree

dingdon · Post by **dingdon** » Sun Dec 28, 2008 8:47 pm

below is reply for the email which i got from the home office regarding dependent WP validity after main applicant getting Tier 1 General Visa.
As per the below mail it is clearly evident that depndent visa will not void if main applicant switches his status.

Please post your comments.

[quote]

RE: Dependent WP Status after Maint Applicant Tier 1 Generalâ€

Post by **push** » Sun Dec 28, 2008 9:02 pm

That clarifies things further. It would have been much more useful had they replied to your second query too

2) if i got the tier 1 general visa after my wife reaches UK what is the allowed time lines for switching my wife WP dependent visa to Dependent Tier 1 General Visa.

dingdon · Post by **dingdon** » Sun Dec 28, 2008 9:09 pm

I have sent further mail asking clarification on the Point 2.
Unfortunately till now there is no reply from the Visa Enq.
Probably they themselves doesnt have clarity on this policy

[quote]RE: Dependent WP Status after Maint Applicant Tier 1 Generalâ€

krisbal · Post by **krisbal** » Wed Jan 07, 2009 10:55 am

Hi,

Can someone please tell how do you post your questions to PublicEnquires and how do you get a reply from them.
Do I send my queries thru post or email. Can someone provide me all the details.
Do they have any telephone service

Thanks
Balaji

dingdon · Post by **dingdon** » Wed Jan 07, 2009 9:06 pm

krisbal wrote:Hi,

Can someone please tell how do you post your questions to PublicEnquires and how do you get a reply from them.
Do I send my queries thru post or email. Can someone provide me all the details.
Do they have any telephone service

Thanks
Balaji

Hi Krisbal,
you can send thru email and please find my above posts.

UKBAbble · Post by **UKBAbble** » Wed Jan 07, 2009 11:36 pm

If your dependants had valid visas these would remain valid unless the leave was curtailed. They would not therefore be overstayers but could not leave and re-enter the UK on the same visas.

Post by **push** » Thu Jan 08, 2009 12:05 am

UKBAbble wrote:If your dependants had valid visas these would remain valid unless the leave was curtailed. They would not therefore be overstayers but could not leave and re-enter the UK on the same visas.

Can you cite reference/s for the above statement please?

Post by **vinny** » Thu Jan 08, 2009 12:16 am

For example, (where leave had not been curtailed, despite the change in circumstances)

letter from the home office wrote:you still have leave to remain where your current conditions continue to apply until 7 july 2008.

vmalik · Post by **vmalik** » Thu Mar 19, 2009 9:29 pm

I am in UK on work permit with validity till 2011. My wife is also in UK with me on dependent WP status and planning to leave back to home country in around one month.
I would like to apply for Tier 1 within UK only for myself before my wife leaves UK and it would be great if you reply back to the following queries

1. How much processing time it would take to get me Tier 1 if application is successful?
2. Is my wife allowed to leave UK with dependent WP status even when my application for Tier1 under processing or got successful?
3. Would it affect my application for Tier 1 if I don't submit my dependent wife Tier 1 along with?
4. If I got successful Tier1 status before my wife leaves UK, would my wife considered as overstayed(considering WP 28 days clause)?

dingdon · Post by **dingdon** » Thu May 14, 2009 2:02 am

Hi All,
i got my wife's dependent visa got approved. so from this it is clearly evident that even the main applicant switches his status from WP to Tier 1 general visa, still dependent visa is valid and can travel to uk.
-Dingdon

[quote="dingdon"]below is reply for the email which i got from the home office regarding dependent WP validity after main applicant getting Tier 1 General Visa.
As per the below mail it is clearly evident that depndent visa will not void if main applicant switches his status.

Please post your comments.

[quote]

RE: Dependent WP Status after Maint Applicant Tier 1 Generalâ€

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6 weeks Overstay by Dependants

6 weeks Overstay by Dependants

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Posting queries to Public Enquires - UK visas

Re: Posting queries to Public Enquires - UK visas

Dependent WP Status after Main Applicant Tier 1 Generalâ€