OVERSTAYED

[victim]

Can anyone help, I have ovestayed my stay in the UK a few months ago.

I want to visit UK again will this be possible?

If not should I come in from France - will there be less strict border control? Or Ireland maybe?

Please not I am not coming in illegally but as a visitor. Due to my overstayed status I am a bit worried and want to avoid embarrassment at the airport.

Can anyone advice which way to get into UK is the easiest?

I am coming in for job interview and if successful the employer is willing to apply a work permit for me.

Thanks people!

[Smit]

With your history as per your previous posts as per link below, I would be very scared. Have you got a UK Visitors Visa issued after your departure from the UK?

http://www.immigrationboards.com/viewto ... ght=#44375

[victim]

I have asked the entry clearance officer, but he said that if I get a work permit entry clearance will still be difficult because I have to explain why I overstayed and how do I convince the officer not to determine my past against my current intentions which is to work?

Can anyone help giving me some ideas please?

[Jeff Albright]

If you obtain Work Permit your previous overstay cannot be used to justify the refusal decision solely on that basis. There is no such a rule that states that overstayers cannot return to the UK (unlike other countries).
You can obtain expert immigration advice and you will get the same information.
If the ECO writes that he is refusing your application because "he is not satisfied that you will not overstay again" - he is breaking the law and any such decision should be appealed against and rescinded.
If you are not under deportation order or not involved in any criminal activity, there are a few strict, simple and concise rules apply for all Work Permit holders, which are:

- Must hold the valid Work Permit
- Must be able to support yourself/family without recourse to public funds
- Must have suitable accommodation
- Must not take up any other employment than that permitted under the Work Permit

If you satisfy all these requirements, your Entry Clearance should normally be given to you.

If you do not satisfy at least one of them, you will be refused automatically.

No other fictitious reasons can be used to refuse your application.

I suggest you go ahead, get a WP approval, and submit your EC application to the embassy.
They are free to ask you various sorts of questions and you should answer them candidly but you have to bear in mind that no other reasons apart from those above could be legitimately used to refuse your application.

[victim]

Hello,

Thank you very much for your advice. I am going to be honest with you, I plan to go to Ireland because my employer wanted to meet me not because of the job interview but to help with my case - I am sory I din't tell full story earlier.

My employer is an OISC registered firm and he have successfully secure a work permit for me valid for 18 months working as an assistant accountant.

I applied for an entry clearance early August but was rejected and giving a chance to appeal to the tribunal. I understand that appeals at the court hearings will take forever and my employer is not going to ait for me.

My entry clearance was refused based on below:(Quote from ECO)

'However I am not satisfied, on the balance of probabilities, that your application meets the requirements of paragraphs 128 & 320(11) and in particular - You do not intend to take employment except as specified in your work permit.'

'Having taken account of your previous lack of compliance with your leave to remain in the UK and the surrounding circumstances I am not satisfied that you intend to take employment except as specified in your work permit. I am also not satisfied that you intend to observe the time limit or conditions attach to any further grant of leave to enter or remain in the UK.'

You see as I said my employer is an OISC registered I dont think he would lie as such and face to loose his liscence to bluff for me - I man use comensence.

I spoken the ECO to reverse the deision but how can I say to convince them?

Please help I my deadline to appeal is on the 2/09/06. What the hell is paragrapgh 128 & 320 means?

Thanks

[Jeff Albright]

My employer is an OISC registered firm and he have successfully secure a work permit for me valid for 18 months working as an assistant accountant.

Are you going to be working for the Immigration Law Solicitors Firm? Has Work Permit (UK) approved you for the position of an assistant accountant??
It sounds unusual, because Work Permits (UK) must be satisfied that your prospective employer advertised the position and could not find any suitable candidate with such skills for this post from the local or EU citizens. I can find it very hard to believe that it would have been the case for this post.

I applied for an entry clearance early August but was rejected and giving a chance to appeal to the tribunal. I understand that appeals at the court hearings will take forever and my employer is not going to ait for me.

They do take forever.

'However I am not satisfied, on the balance of probabilities, that your application meets the requirements of paragraphs 128 & 320(11) and in particular - You do not intend to take employment except as specified in your work permit.'

I have a few concerns about this because the position you have received the Work Permit for does not appear to require exceptional skills and unlikely to generate sufficient income for you to support yourself without recourse to additional/new employment or public funds. Therefore ECO has worked out that the probability that you will remain in this employment for the duration of your LTR as a Work Permit holder is slim. Therefore, he has refused your application.

'Having taken account of your previous lack of compliance with your leave to remain in the UK and the surrounding circumstances I am not satisfied that you intend to take employment except as specified in your work permit.

Probably for the reasons above... Also he/she might have taken into consideration your previous stay in the UK - what was your previous Leave to Remain in the UK? Have you been taking any employment without permission? Have you worked more hours than was permitted? Have you previously taken any employment other than that prescribed in your LTR, etc. etc?

I am also not satisfied that you intend to observe the time limit or conditions attach to any further grant of leave to enter or remain in the UK.'

This was used against you as an additional ground, however, this could not have been used as a sole ground for refusal.

I spoken the ECO to reverse the deision but how can I say to convince them?

Unless your circumstances change, you cannot be successful in any subsequent application. You should seek for more skilled employment if you have the skills. I have concerns that Work Permits (UK) have not considered your application correctly or might have erred in granting the Work Permit to you for the employment you were seeking it for.

Please help I my deadline to appeal is on the 2/09/06. What the hell is paragrapgh 128 & 320 means?

See the Immigration Acts. I believe it is that they were not satisfied that you were not going to take up any other employment than that specified in your Work Permit.

[victim]

What do you mean by not a special skill?

My job is an assistant accountant. I am a part qualified ACCA with over 5 years experience and also have a degree in Accountancy and Finance from UK university.

I think I am qualified dont you?

I overstayed my visa previously that is why ECO slap me with paragrapgh 320(11).

Paragraph 128 maybe because I am a muslim thinking I might be planting to destroy UK.

ECO is finding silly excuses. I have given them my employment contract and everything so really ECO should have given the entry clearane to me.

I can appeal so I will but can you help on reasons to give on paragraph 320(11)?

Any ideas?

Thanks

[calvert]

Contrary to what has been writen above, if you have overstayed, you may indeed be refused on the basis of Rule 320. However, note that this discretionary, the ECO may choose to disregard your past imigration history.


Grounds on which entry clearance or leave to enter the United Kingdom should normally be refused [/b] [/b][/u]

(8) failure by a person arriving in the United Kingdom to furnish the Immigration Officer with such information as may be required for the purpose of deciding whether he requires leave to enter and, if so, whether and on what terms leave should be given;




(8A) where the person seeking leave is outside the United Kingdom, failure by him to supply any information, documents, copy documents or medical report requested by an Immigration Officer;



(9) failure by a person seeking leave to enter as a returning resident to satisfy the Immigration Officer that he meets the requirements of paragraph 18 of these Rules, or that he seeks leave to enter for the same purpose as that for which his earlier leave was granted;



(10) production by the person seeking leave to enter the United Kingdom of a national passport or travel document issued by a territorial entity or authority which is not recognised by Her Majesty's Government as a state or is not dealt with as a government by them, or which does not accept valid United Kingdom passports for the purpose of its own immigration control; or a passport or travel document which does not comply with international passport practice;



(11) failure to observe the time limit or conditions attached to any grant of leave to enter or remain in the United Kingdom;



(12) the obtaining of a previous leave to enter or remain by deception;



(13) failure, except by a person eligible for admission to the United Kingdom for settlement or a spouse or civil partner eligible for admission under paragraph 282, to satisfy the Immigration Officer that he will be admitted to another country after a stay in the United Kingdom;



(14) refusal by a sponsor of a person seeking leave to enter the United Kingdom to give, if requested to do so, an undertaking in writing to be responsible for that person's maintenance and accommodation for the period of any leave granted;



(15) whether or not to the holder's knowledge, the making of false representations or the failure to disclose any material fact for the purpose of obtaining an immigration employment document;



(16) failure, in the case of a child under the age of 18 years seeking leave to enter the United Kingdom otherwise than in conjunction with an application made by his parent(s) or legal guardian to provide the Immigration Officer, if required to do so, with written consent to the application from his parent(s) or legal guardian; save that the requirement as to written consent does not apply in the case of a child seeking admission to the United Kingdom as an asylum seeker;



(17) save in relation to a person settled in the United Kingdom, refusal to undergo a medical examination when required to do so by the Immigration Officer;



(18) save where the Immigration Officer is satisfied that admission would be justified for strong compassionate reasons, conviction in any country including the United Kingdom of an offence which, if committed in the United Kingdom, is punishable with imprisonment for a term of 12 months or any greater punishment or, if committed outside the United Kingdom, would be so punishable if the conduct constituting the offence had occurred in the United Kingdom;



(19) where, from information available to the Immigration Officer, it seems right to refuse leave to enter on the ground that exclusion from the United Kingdom is conducive to the public good; if, for example, in the light of the character, conduct or associations of the person seeking leave to enter it is undesirable to give him leave to enter.



(20) failure by a person seeking entry into the United Kingdom to comply with a requirement relating to the provision of physical data to which he is subject by regulations made under section 126 of the Nationality, Immigration and Asylum Act 2002.



(21) Whether or not to the applicant's knowledge, the submission of a false document in support of an application.

[Jeff Albright]

(11) failure to observe the time limit or conditions attached to any grant of leave to enter or remain in the United Kingdom;

If this was the case, all the entry clearance applications after overstay should fall for refusal.

I wondered if any of Moderators could advise on that?
Kayalami, John, what is your opinion?

Thank you.

[luisabush]

http://www.ind.homeoffice.gov.uk/docume ... iew=Binary

IMMIGRATION DIRECTORATES' INSTRUCTIONS

ANNEX G
CHAPTER 5 WORK PERMIT EMPLOYMENT
SECTION 1
REFUSAL FORMULAE
.....
ENTRY CLEARANCE
Intention to leave
"... but your work permit is valid for a period of 12 months or less and [? in view of ...] the Secretary of State is not satisfied that you intend to leave the United Kingdom at the end of your approved employment."
Paragraph 130 with reference to 128(vi)

[victim]

Thank you people.

My question now is do any of you have an answer or explaination that would help me to ask the ECO to reverse their decision made on paragraph 320(11)?

My circumstances now has changed I have a work permit and have an employer that I actually goig there to work. I learned from past mistakes and now I am trying to o a right thing.

Any ideas at all would be appreciated!

[John]

My employer is an OISC registered firm and he have successfully secure a work permit for me valid for 18 months working as an assistant accountant.

If your employer is indeed OISC registered, what do they say about your refusal?

Your previous overstaying is coming back to haunt you! Anyone thinking of overstaying needs to realise that there may be consequences in the future.

[victim]

What goes around comes around yeah I get it!

But even god forgiveS when we make mistakes.

People should be given a chance!

My employer is preparing documents on my behalf. I think I need to prepare a letter to accompany my appeal hence why I am seeking for your opinion.

ECO say when applicants circumstances changes they will consider it - but why are they not considering mine?

Is it because they want to keep collecting entry clearance fees which by the way is not cheap!

It is really unfair when the ECO already know that no matter what - all overstayers will be slap with paragraph 320(11) then they should say so.

It will safe a lot of overstayers money!

[Jeff Albright]

My circumstances now has changed I have a work permit and have an employer that I actually goig there to work. I learned from past mistakes and now I am trying to o a right thing.

Immigration Rules are insensitive to whether or not you learned from your previous mistakes. Fair, unfair, common sense things do not work there.
What is the period your Work Permit has been granted for?
Luisa Bush correctly noted about the returnability requirement for the 12 months or less Work Permit. Given your previous overstay, you will not be able to satisfy this requirement. Your Work Permit must be longer than 12 months or otherwise you will be refused again (although personally I do not wish you this, of course)

[Jeff Albright]

My employer is preparing documents on my behalf. I think I need to prepare a letter to accompany my appeal hence why I am seeking for your opinion.

If you are going to write a letter, you need to explain clearly why the decision was wrong. For example, why you think the ECO was wrong assuming that you will not follow your Work Permit employment. If you overstayed, you need to explain why. If you did not intend to overstay but that happened out of your control, you need to explain this. Could your prospective employer assist you with this letter?

ECO say when applicants circumstances changes they will consider it - but why are they not considering mine?

What exactly has changed since you got your Work Permit EC refusal?

Is it because they want to keep collecting entry clearance fees which by the way is not cheap!

This is their administration costs. Nothing is cheap in this country, you have lived here and you must know that. It is about you accepting and understanding this or forgetting about this country for good.

It is really unfair when the ECO already know that no matter what - all overstayers will be slap with paragraph 320(11) then they should say so.

While this of course, can happen, from practice and experience, this rule is not always used. Many overstayers used to return to the UK in various settlement categories including spouses, fiances, work permit holders. It all depends how you prepare your VAF application, your attitude and behaviour during the interview.