Overstaying visa for work, before leaving - possible?

ozmcg11 · Post by **ozmcg11** » Sun Nov 27, 2011 1:11 pm

Not necessarily the most accurately worded subject heading, but my issue is this:

I am here, with my husband and 2 children, on a Tier 2 visa - my visa and my husband is a dependent. This visa runs out on 8 July 2012. My husband is a teacher and wants to teach until the end of the school year so that he can be paid the full school year + holidays. We intend to leave the UK straight after the school year finishes and move back to Australia.

Is it possible/legal to stay and be employed for another 12 days after the visa expires? Or can I seek an extension of some sort from the Home Office, just so that he can finish the school year?

thanks for any help you can give

Pen

Post by **Lucapooka** » Sun Nov 27, 2011 3:56 pm

There is no valid extension other than a Tier 2 extension for you and your dependants. Generally an overstay of 28 days (after leave expires) is not supposed to affect any further visa applications, so that is an option but the fact that he continues to work is not going to help that situation. I think a better option would be to apply for leave to remain in some capacity (does not really matter which) on or near the day of expiry, and then simply withdraw the application and leave the UK when you are ready. This will take maybe a month or even longer. Your existing leave will continue to be valid during the period until the decision is made, by which time you should be long gone, not having overstayed your immigration status. You would need to declare this application and its withdrawal in the future.

ozmcg11 · Post by **ozmcg11** » Mon Nov 28, 2011 4:34 pm

Thanks so much for your response Lucapooka. Good idea to make an application and then withdraw it - my only reservation being the cost of making the application, as this is what I am trying to avoid. I think I need to pay upfront for visa extensions so will have to try and figure out a way around spending loads of money!

thanks again

Post by **Lucapooka** » Mon Nov 28, 2011 5:23 pm

The only problem with not making an application is that after your leave expires you would be working illegally for those days and not rightly entitled to that money. In any case, I would half expect (in a perfect world) that a professionally run organisation would have recorded the expiry date of the leave of any of its employees who are subject to immigration control. This means that near the time of your visa expiry any competent HR dept. would be asking you to show proof of your continuing rights to work. Wait for others to comment.

ozmcg11 · Post by **ozmcg11** » Tue Nov 29, 2011 12:13 am

I completely agree - I know my work wouldn't want to be paying me while I'm technically illegal, and my husband's school will be the same.

I will have to keep looking for options.

Just to confirm, once the application has been sent off you are entitled to keep working until you hear back, or is it only once it has been acknowledged as received? For example, if I was to send off an application on 7 July, would we be entitled to keep working until we heard back from UKBA?

thanks again for your assistance

Pen

zahid.ali.anwar · Post by **zahid.ali.anwar** » Tue Nov 29, 2011 9:12 am

You are entitled to work, if you have applied for a visa extension in any category. This entitlement will only be drawn back, one a decision is made by home office on your submitted application.

This is by virtue of section 3C on Immigration Act 1971. That states;
http://www.legislation.gov.uk/ukpga/1971/77/section/3C]

ozmcg11 · Post by **ozmcg11** » Mon Dec 05, 2011 3:30 pm

thanks for the responses.

two more questions - if i apply for a visa extension on my own, can my dependant husband continue working while my application is being decided? or, alternatively, can my dependant husband apply for an extension so he can keep working?

thanks again

P

Post by **Lucapooka** » Mon Dec 05, 2011 4:12 pm

The ideal situation is that you and your partner legitimately apply to extend both of your existing leaves in the normal manner. However, given that this is not possible, and that the any application in any category by your partner is going to be a frivolous application that has no merit and is merely a device to remain immigration legal for a very short period, I don't see the point in you applying with him as that would be another waste of money (in addition to his application). You and kids should depart the UK within 28 days of your visa expiry and he should stay but then leave as soon as he finishes school and after having withdrawn his application citing that is was a badly-advised mistake that he now knows will not be considered. Other people will have more informed opinions about this.

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Overstaying visa for work, before leaving - possible?

Overstaying visa for work, before leaving - possible?