overstayer definition

Post by **Greenie** » Thu Feb 17, 2011 10:51 pm

Yes I am aware of people who have not been able to get an appointment because they are an overstayer.

In addition the guidance on the UKBA website states that they will not consider complex applications or applications from people with poor immigration histories.

See below

http://www.ukba.homeoffice.gov.uk/conta ... oservices/

lucky7 · Post by **lucky7** » Thu Feb 17, 2011 10:56 pm

I see...
There is also "Legal representatives' same-day service".
I might have a better chance with that one.. ?

Post by **Greenie** » Thu Feb 17, 2011 11:06 pm

I think you would have the same problem:

"Legal representatives can submit a pre-arranged number of cases on behalf of their clients, on a specific designated day or by appointment. Our public enquiry offices will only deal with straightforward applications which do not require further enquiries."

lucky7 · Post by **lucky7** » Thu Feb 17, 2011 11:11 pm

I see what you are saying. I should probably talk to solicitors if they have any success with this service for an overstayer. Thanks so much for the help.

shahzad80 · Post by **shahzad80** » Fri Feb 18, 2011 7:19 am

lucky7 wrote:I see what you are saying. I should probably talk to solicitors if they have any success with this service for an overstayer. Thanks so much for the help.

Making an fresh application within 28 days with lot of evidence is a reasonable option.You know appeal on limited grounds is nothing for tier1 visa,you are not going to win this.

Consulting with a good solicitor is good and I am pretty sure he will advice the same.

Shahzad

lucky7 · Post by **lucky7** » Fri Feb 18, 2011 12:41 pm

shahzad80: Do you know if anyone applied for the same day service as an overstayer and succeed?

Thanks.

shahzad80 · Post by **shahzad80** » Fri Feb 18, 2011 2:10 pm

lucky7 wrote:shahzad80: Do you know if anyone applied for the same day service as an overstayer and succeed?

Thanks.

No But I know who applied through post and wins.

If you satisfy requirement for tier visa then you can try.

Remember I am not professional,I can only debate upto my knowledge.

Consultant with a good solicitor and dont waste time.

Shahzad

lucky7 · Post by **lucky7** » Fri Feb 18, 2011 5:24 pm

Another question I have is:

I might get a job now which can sponsor a Tier 2 for me. If that would happen, I would immediately go back to my home country and apply for entry clearance there. Reading about the new rules about Tier 2, when will those come into effect? Am I safe if I apply for entry clearance before April 5th?

Thanks.

tall_funky · Post by **tall_funky** » Fri Feb 18, 2011 5:32 pm

lucky7 wrote:Thanks a lot for the responses. I am relieved that you both agree that my 3C is still continuing and I can appeal just to lengthen my stay legally.

One question though: does my appeal have to make a lot of sense to be counted as a valid appeal? or will they consider it in any case?

sushdmehta: you are right. I was trying to get Tier 1, but did not qualify for it before my Tier 2 expires. So, I submitted FLR to gain time. Now, I qualify for Tier 1, so I am looking for ways to apply for Tier 1. Any ideas whether I can do it?

I don't understand who advised you to submit FLR??

IMHO, you should have applied for Tier4 application to gain some(at least 3 to 4 months) time.

I'm really sorry to say that applying Tier 1 NOW will be full of risks but I guess you don't have any option's left.

Post by **geriatrix** » Fri Feb 18, 2011 5:34 pm

lucky7 wrote:Another question I have is:

I might get a job now which can sponsor a Tier 2 for me. If that would happen, I would immediately go back to my home country and apply for entry clearance there. Reading about the new rules about Tier 2, when will those come into effect? Am I safe if I apply for entry clearance before April 5th?

Thanks.

Be ready to sponsor is one thing, getting a CoS another matter. Can your employer obtain a CoS for you - that's the big question!

If they can, then yes, you may apply for EC before 05-Apr.

regards

lucky7 · Post by **lucky7** » Fri Feb 18, 2011 5:39 pm

If they have a spare allocation, they should get CoS pretty easily, am I right?

If not, correct me if I am wrong, that's another process which they ask for exceptional allocation and Home Office does this monthly meeting to allocate those CoS.

lucky7 · Post by **lucky7** » Fri Feb 18, 2011 5:42 pm

tall_funky: Tier 4 is for students as far as I know.. And, when you say 'full of risks', I don't see many risks except being an overstayer for a week or so which should not be a big problem I guess..

Post by **geriatrix** » Fri Feb 18, 2011 5:53 pm

lucky7 wrote:If they have a spare allocation, they should get CoS pretty easily, am I right?

If not, correct me if I am wrong, that's another process which they ask for exceptional allocation and Home Office does this monthly meeting to allocate those CoS.

What the current policy is regarding CoS allocation should be explained in this document.

Like I said, if they can give you a CoS, you should be fine.

regards

tall_funky · Post by **tall_funky** » Fri Feb 18, 2011 5:55 pm

lucky7 wrote:tall_funky: Tier 4 is for students as far as I know.. And, when you say 'full of risks', I don't see many risks except being an overstayer for a week or so which should not be a big problem I guess..

Yes, it is for students but I was thinking in terms of "buying some time".

Well if you think overstaying a week is not a BIG problem then good luck to you.
I hope everything works out in your favour, all the best.

lucky7 · Post by **lucky7** » Fri Feb 18, 2011 6:02 pm

Thanks tall_funky. You made me worry though. What can go wrong if I overstay less than 28 days. Can they refuse my entrance if I back for Tier 2? not according to current laws I guess?

tall_funky · Post by **tall_funky** » Fri Feb 18, 2011 6:09 pm

lucky7 wrote:Thanks tall_funky. You made me worry though. What can go wrong if I overstay less than 28 days. Can they refuse my entrance if I back for Tier 2? not according to current laws I guess?

Ok, reading below thread might make you worried or relaxed, depending on your nationality!

http://www.immigrationboards.com/viewtopic.php?t=72478

lucky7 · Post by **lucky7** » Fri Feb 18, 2011 8:01 pm

Another conceptual question about extension of leave under 3C and proving how many days you overstayed:

How do immigration officers check whether you overstayed more than 28 days or not when you try to enter UK. Obviously, if they just check my previous visa expiry date and exit stamp that would be more than 28 days.

How do I prove that, I was under 3C? By showing my letter of application I submitted before my visa expires and submission of appeal request? Please advise..

shahzad80 · Post by **shahzad80** » Sat Feb 19, 2011 11:51 am

............

hanif · Post by **hanif** » Sat Mar 05, 2011 1:50 pm

hi all,
please what is the definition of an overstayer?

I had an HSMP Visa which expired 10/02/2011, due to maintenance funds and some hitches in getting bank statements,I posted it on the 11/02/2011.

The agency I work for is still giving me work since they saw UKBA ack letter,but the problem now is I have an exam which requires showing my passport,they are not accepting the ack letter-they said since I submitted after the visa expires I have lost all right to work in the UK,

PLEASE Advice,my entry permit to work ends on 25/03/2011 and without it I cant work.

P.S-Ichecked the FAQ Page and it echoes whats above.

Any other legislation or policy?

Post by **Greenie** » Sat Mar 05, 2011 2:10 pm

Yes you are an overstayer as you did not submit an application for further leave to remain before your leave expired. Legally you should not be working until you are granted further leave by the ukba.

shahzad80 · Post by **shahzad80** » Sat Mar 05, 2011 10:41 pm

.................

listok55 · Post by **listok55** » Fri May 13, 2011 3:13 pm

Hi Lucky, I sent you a message. Hope to hear from you. Take care.

Immigrationboards.com: Immigration, work visa and work permit discussion board

overstayer definition

Am i an overstayer? can I still work/

to Lucky7