Postgraduate Doctor needing URGENT Tier 4 advice!

[riverfish]

Hello all,

The past week has been absolute turmoil and I need helpful and urgent tier 4 advice! This situation evolved due to a stupid mistake on my part, but if anyone can help please do so:

I was previously studying under a Tier 4 visa at university for the duration of my medical studies here in the UK. That visa expired on 31/10/12. Due to poor organisation on my part, I have forgotten to apply for a new one. I have now been suspended from work for the time being and have till the 28/11/12 to get a new one.

- I have CAS sponsorship for a new Tier 4 visa (as a postgraduate Foundation Doctor we are technically here as 'students' although working)

- I hold a Hong Kong passport (thus, low risk national)

I am in dire straits and risk getting my working contract terminated and being deported out of this country.

I have already been through the hassle of working with a piss-poor immigration lawyer, which I hired without second thought when I was in a vulnverable state. I'm almost certain he's a fraud. I'm sure many of us have done stupid decisions like this in the past.

I am now unsure of what is the best possible way to get my visa on time.

I understand there are 3 ways to get your visa application processed:
1. Traditional way through online or post - usually takes 6-8 weeks, and therefore too long for my situation.

2. Premium Same-Day Service - seems like I cannot access an appointment for this month. They need to be booked in advance I believe?

3. Hire another legal representative that can guarantee Premium Same-Day service appoinments for me.

Option 4: Fly back to Hong Kong and get my visa through them.


I am lost, confused and frustrated. I feel like the best bet is to hire another legal rep (one that is OISC certified this time), but I am hesistant to spend money on something that cannot deliver.


So PLEASE, any help/advice would be greatly appreciated! I already know that this situation stemmed from a VERY stupid mistake on my behalf and that I am an illegal overstayer at the moment (although I can still apply 28 days after expiry) - so please don't post to point the obvious!


Thank you and greatly appreciated,


J

[riverfish]

? Anyone?

[bruteforce]

You can either apply again in country within the 28 days of your visa expiry or go back to your home country and obtain entry clearance. In both cases you must mention the reasons for not applying in time. Please note your in country application will not attract the right of appeal should your application refused.

Also your employer may not be able to continue to offer you employment while your application is in progress as due to out of time application your existing leave (which has now expired) will not be extended resulting in your employer not getting statutory excuse for employing illegal worker. ( If they use employer checking service)

Hope this helps

[riverfish]

Please note your in country application will not attract the right of appeal should your application refused.

Thank you so much for your response. I have been suspended from work for the time being.

What exactly do you mean with the above statement, however?

[bruteforce]

I mean that as your visa is already expired so if you apply now from within the UK ( within 28 days ) then you will not get appeal right against any refusal of application.

[geriatrix]

You may apply for extension under Tier 4 (General) before 28-Nov-12.

Make sure that you read the policy guidance carefully so that the application is not refused due to silly mistakes / omissions and ensure that the application is error-free so that it is not returned invalid. If applying by post consider paying the fees through postal orders or banker's draft (to ensure that there are no payment issues).

[manci]

Since your leave has expired and you are prevented from working at present you may want to persevere with trying to secure a PEO appointment before 28 Nov.

You could continue trying to arrange it yourself as there may be cancellations (apparently the best time to try is just after midnight) or engage a solicitor or OISC registered immigration advisor who can arrange a slot before 28 Nov.

There is some advice on the technicalties of booking a PEO appointment here:
http://londonseye.blogspot.co.uk/2012/1 ... -home.html