segs refusal

[CDE]

Hello All

I need some help fo my case, I did a application for a leave to remain under SEGS last March, by the time I did the application my Leave to Remain was expired for almost 2 months and because of that my SEGS was refused. I try to deal that with my local MP and even doing that the HO says that the decision was and is right and by the law. Now my question is, can I make the application again once back in my country or those refusals affects my status to apply under SEGS again.

Regards
CD

[Jeff Albright]

You may get refusal of entry clearance under the SEGS, because you won't be able to prove "returnability", which is one of the requirements there, because you overstayed for 2 months in the past.
Suggest you apply under HSMP or find an employer and apply for WP. Under the HSMP and WP there is no requirement to prove that you will return to your home country at the end of your stay in the UK.

[CDE]

What if my my MP represented me, does not make any difference? and if I got a job offer?

Thanks

[Chess]

What if my my MP represented me, does not make any difference? and if I got a job offer?

Thanks

No

[CDE]

You may get refusal of entry clearance under the SEGS, because you won't be able to prove "returnability", which is one of the requirements there, because you overstayed for 2 months in the past.
Suggest you apply under HSMP or find an employer and apply for WP. Under the HSMP and WP there is no requirement to prove that you will return to your home country at the end of your stay in the UK.

1) How should I prove "returnability" I really want just 12 months to have some experience, I got a job in my country after.

2) If my local MP represented me (without any change) during all this time I'm regarded as overtayed or illegal this afefected me to reaply ?

Cheers

[Jeff Albright]

1) How should I prove "returnability" I really want just 12 months to have some experience, I got a job in my country after.

That is the question to you and the answer is that it is going to be difficult in your case. Any overstay is classed as an intention to settle in the UK - so once it happened you won't be able to prove that you return to your own country at the end of your stay, i.e. you won't meet one of the requirements of the Immigration Rules in order to qualify for the entry clearance under the SEGS.

2) If my local MP represented me (without any change) during all this time I'm regarded as overtayed or illegal this afefected me to reaply ?

MP's intervention is your own affair. It does not constitute a legal right to remain in the UK under the Immigration Acts. You must either apply for an extention of your stay prior to the expiry date of your valid Leave to Remain on the appropriate application forms acceptable by the IND or you must leave the UK before that date.

[CDE]

First of all , Thaks for your Info, and time.
In other words, my chances to get my SEGS from the british embasy in my country are close to none?? This status will remain for ever ??

Thanks

[Jeff Albright]

This status will remain for ever ??

Factually, yes, as long as the record on you is held on the system (which is about 5-6 years in the embassies I think, for the IND it is longer)

If you qualify for SEGS I find it hard to believe that you won't be able to find an employer willing to employ you and sponsor the Work Permit for you. I suggest you just keep looking around instead of dwelling on what happened to your SEGS.

[CDE]

Thanks for your advice. Really helps. But can I still look for a job being ilegal ?

[Jeff Albright]

Thanks for your advice. Really helps. But can I still look for a job being ilegal ?

You don't have to be in the UK in order to look for a job, but since you are still here finalising other issues, it is to your advantage because you are more easily available for interviews. However, staying illegally is a risk because you can get yourself in detention and then removal. Because your SEGS was refused they know where you are so it is at your own risk.
You should have started to look for a job already at your final year at the university/college whilst being on a student visa.