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What is Breach of Immigration???

Archived UK Tier 1 (General) points system forum. This route no longer exists.

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paperwork
Junior Member
Posts: 50
Joined: Thu Dec 29, 2005 2:17 pm

What is Breach of Immigration???

Post by paperwork » Wed Apr 01, 2009 6:57 pm

Hello,
While Going through the VAF 9 I have come across a column questioning
'Have you ever been in breach of your immigration conditions for the UK?'

In 2005, while on a Limited Leave to remain in UK (VISITOR), I applied for workpermit which got sanctioned but Further Leave to Remain was refused. The existing Visa had run out by the time decision was made by the Home office. I was asked to leave UK and apply again. Which I did and got visa after that.

Does that mean I was in Breach of immigration conditions?

Please help.

Thanks.

John
Moderator
Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
United Kingdom

Post by John » Wed Apr 01, 2009 10:14 pm

The existing Visa had run out by the time decision was made by the Home office.
When you made that visa application, was your visitor visa still valid? If the answer to that is "yes", then you had so-called Section 3C protection, and the visitor visa was "treated as continuing" even though the stated expiry date had passed.

Also, how long after getting the visa rejection letter did you actually leave the UK?
John

paperwork
Junior Member
Posts: 50
Joined: Thu Dec 29, 2005 2:17 pm

Post by paperwork » Thu Apr 02, 2009 3:16 am

Thanks for replying.

My visa was valid when I made the application for the FLR. I left the country within 2 weeks of receiving the notification. I returned back with a fresh workpermit and Entry clearance later.

But question is, if I should be saying yes in the column where it says did u breach any uk immigration condition.

I think I didn't.

Is that Right?

Regards,

John
Moderator
Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
United Kingdom

Post by John » Thu Apr 02, 2009 8:11 am

I think I didn't.

Is that Right?
I agree, because of Section 3C, based upon what you have posted, you were never in the UK in breach of immigration law.
John

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