Tier- 2 extension + previous Immigration history

[shivuk]

I am a Tier-2 migrant (March 2009- March 2012) and am in the process of extending our tier -2 visas. I would be grateful if you could clarify whether my previous immigration history detailed below (in the period from Oct 1996 to Sept. 2000) will affect our extension of leave to remain.

I was on student visa in the UK from Oct 1996 to April 2000. I finished my studies in January and was offered an employment for FOUR months (Feb 2000- May 2000) in the same University. University obtained permission from the Department for Education and Employment (DFEE) in Jan. 2000. DFEE notified their decision to the Home Office to get permission for me to remain in the U.K to take the employment.

Before getting Home Office permission I started to work by getting a loan from the department with an agreement to pay back the loan in full upon receipt of a National Insurance and the subsequent payment of my salary with back pay.

The permission from the Home office did not arrive till end of May 2000 and I worked another two months June & July 2000. I waited till Sept. 2000 for the Home office permission but the permission never arrived. I left the UK voluntarily at my own expense in Sept. 2000.

In Feb. 2001 I received an extension of stay (paper visa) in the U.K until May 2001 stating that this extension has been granted exceptionally, as the Department for Education and Employment’s (DFEE) approval letter only gave permission to work as a Research Officer with the University until May 2000 and this date has now passed.

Also informed me that the extension is granted to enable me to make a further application for leave to remain or to make travel arrangements to leave the U.K.


In February 2009 I applied for Tier-2 (General) visa and Tier-2 (dependent) visas to take up a job at the same University. I stated clearly the above details in our applications and provided all the supporting documents. We were granted permission to stay in the UK from March 2009 to March 2012.

My current contract has been changed into a permanent contract and am in the process of extending our current leave to remain under tier 2 with the same employer.

We comply all the conditions attached with our current leave to remain (Tier-2). Obviously I did not comply with all the conditions of my previous stay.

Will the immigration law under REFUSAL OF LEAVE TO REMAIN, VARIATION OF LEAVE TO ENTER OR REMAIN OR CURTAILMENT OF LEAVE (322(3) FAILURE TO COMPLY WITH ANY CONDITIONS ATTACHED TO THE GRANT OF LEAVE TO ENTER OR REMAIN) OR ANY OTHER IMMIGRATION LAW THAT CONSIDERS PREVIOUS IMMIGRATION HISTORY affect our current application?

We would be grateful if you could kindly provide your expertise advice. Many thanks in advance.

[geriatrix]

Also informed me that the extension is granted to enable me to make a further application for leave to remain or to make travel arrangements to leave the U.K.

Did you make a leave to remain application or did you leave UK? If the latter, did you remain outside UK until 2009?

[shivuk]

Many thanks for your reply.

I did leave the UK and remained outside the UK until March 2009.

[geriatrix]

Given that you were issued Tier 2 leave in November 2009, I don't see why this will affect a leave toe remain (extension) application. After all, you were granted exceptional leave in 2001 and you left UK before that leave expired.

[shivuk]

Many many thanks for your replies.

When I made my application in February 2009 I was totally unaware of the immigration rules but I admitted that I breached the conditions attached to my visa and explained the reasons.

I will do the same with our extension application forms. There are few questions pertaining to over stay and work without immigration permission.

Many thanks again for your great service.

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D16. Have you ever stayed in the United Kingdom beyond the end of your period of leave?


D17. Give the reason(s) why you have stayed beyond the end of your period of leave and the dates of the overstay

D18. Have you ever worked in the United Kingdom without immigration permission to do so (that is, contrary to your conditions of stay)?

D19. Give the reason(s) why you worked in the United Kingdom without immigration permission to do so and the dates this work was undertaken:

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[geriatrix]

Provide the same explanation as you did before.

[shivuk]

HUGELY appreciate for your replies.

As you advised I will provide the same explanation.

Many thanks again