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Topic: Visa Expired and Work Might Give Me The Boot!  (Read 1555 times)

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Re: Visa Expired and Work Might Give Me The Boot!
« Reply #15 on: January 27, 2009, 03:17:28 PM »


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Re: Visa Expired and Work Might Give Me The Boot!
« Reply #16 on: January 27, 2009, 03:29:05 PM »
Does this mean he needs to stop working right away? It can't be looking good for him to be working when he's clearly out of status. Would this make his company subject to a fine?
And if you threw a party
Invited everyone you knew
You would see the biggest gift would be from me
And the card attached would say
"Thank you for being a friend!"


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Re: Visa Expired and Work Might Give Me The Boot!
« Reply #17 on: January 27, 2009, 03:30:57 PM »
Does this mean he needs to stop working right away?

Yes.

Would this make his company subject to a fine?

Yes, £10000.


Re: Visa Expired and Work Might Give Me The Boot!
« Reply #18 on: January 27, 2009, 03:38:50 PM »
Nice link, WebyJ!   :)

To the OP:  I'm not Vicky, but I can point out that the granting of ILR on the basis of marriage to a UK sponsor only works if the applicant was not in breach during the probationary period, and not in breach at the time of application.  On the first of these, you're ok.  On the second, you're in breach because you applied for ILR without unspent leave.  

That means you don't qualify under the rules.  It also means your employer stands to be done for up to GBP 10,000 unless they can dig up a statutory excuse.  

Illegal.  Like it says in the link WebyJ provided, they have withdrawn the DP3/96 provision and replaced it with Article 8.  So they are not going to deport you or break up your family etc etc.    And if anybody tells you differently please identify them to me in PM so I can turn them in to the regulator for exploitation.  

What will happen is that UKBA will make a determination on your app.  Given a fair wind, they will grant a term of FLR in which you can get your act together and regularise.  My guess is that you might have to extend FLR even again after that, but that's just a guess.

You can very well expect your employer to get a ringy from the enforcement unit also.  


Re: Visa Expired and Work Might Give Me The Boot!
« Reply #19 on: January 27, 2009, 04:04:27 PM »
Kinda O/T but, if the OP has been married over 4 years now, when he entered in October '06 would the spousal visa have had the KOL stamp and would he have just needed to take the test and get the ILR immediately and we wouldn't be thrashing this about right now or was this not in effect in 2006?

Nice link, WebyJ!   :)

Why thank you Garry! I've learned not to give advice (as I'm not qualified to) but point people to good advice.

Edited to add the following:

To the OP, I think the best thing for you to do is to consult a professional. As Vicky is not around I'll plug her website and company for her.

http://www.medivisas.com/workingintheuk.asp#family
« Last Edit: January 27, 2009, 04:21:31 PM by WebyJ »


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Re: Visa Expired and Work Might Give Me The Boot!
« Reply #20 on: January 27, 2009, 04:25:35 PM »
Thanks all!

I've contact MediVisas... I'm waiting for a callback to speak with a consultant.

I can't believe I've messed up this badly with understanding when the forms needed to be submitted.  I can only hope I can work something out with the authorities and my employer, so that I don't end up on a breadline in the US and my wife and daughter on a breadline here.


Re: Visa Expired and Work Might Give Me The Boot!
« Reply #21 on: January 27, 2009, 04:32:13 PM »
If you're in with MediVisa's you're in good hands. Hopefully what garry said is true, you might not be deported. But, you'll definately have to pay the piper so to speak.

But, best of luck to you.


Re: Visa Expired and Work Might Give Me The Boot!
« Reply #22 on: January 27, 2009, 04:37:47 PM »
And be sure you get the deep discount for a UKY referral.  It can be massively significant in this era when every penny counts!


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Re: Visa Expired and Work Might Give Me The Boot!
« Reply #23 on: January 28, 2009, 01:44:50 PM »
Sorry I didn't come to this thread yesterday.

I think everyone else has been giving good advice, and I suspect that I spoke to you this morning....


Vicky


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Re: Visa Expired and Work Might Give Me The Boot!
« Reply #24 on: March 16, 2009, 05:14:13 PM »
Just wanted to update this thread with what happened...

So, unfortunately, I did apply late and became an overstayer.  As a result my employer did fire me.  One the plus side, they were very sympathetic and did their best to not make the situation any worse.

On the advice of Vicky and other legal services, rather than withdraw my application and return to the States to start the whole process over again, I decided to wait it out since I only had about a month or so till a decision was scheduled to be made.  It was one long month!  I did write the Home Office a letter explaining the situation, and apologizing for my error not sending in the application before my existing visa expired.  I can only believe this helped my case as I was honest and forward with the Home Office about my mistake.

Fortunately, they thought to let it pass and I was granted my ILR visa!  What's more is my boss is already on the move to get me re-hired at my old job.  (Fingers crossed!)

Anyway, I wanted to let people know of my outcome in case anybody else finds themselves in a similar situation and is searching the web or this forum for advice.

Thanks!


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Re: Visa Expired and Work Might Give Me The Boot!
« Reply #25 on: March 16, 2009, 05:25:42 PM »
I love it when a plan comes together!


 8)


Vicky


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Re: Visa Expired and Work Might Give Me The Boot!
« Reply #26 on: March 16, 2009, 05:30:47 PM »
What wonderful news!
The Guide For Working Families review http://londonelegance.com/transpondia/twfg/


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Re: Visa Expired and Work Might Give Me The Boot!
« Reply #27 on: March 16, 2009, 05:32:35 PM »
Oh yay!  Good news from the Home Office? - someone pinch me.  :)


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Re: Visa Expired and Work Might Give Me The Boot!
« Reply #28 on: March 16, 2009, 05:34:38 PM »
it's great when things go right and people come back to share ... it's makes those of us ... who are a the particularly anxious type, feel more positive.  that's really good new ... congrats! All the best!


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Re: Visa Expired and Work Might Give Me The Boot!
« Reply #29 on: March 16, 2009, 05:36:45 PM »
it's great when things go right and people come back to share ... it's makes those of us ... who are a the particularly anxious type, feel more positive.  that's really good new ... congrats! All the best!

I agree with this, it's great to see a happy ending :) Gives me more hope anyway, and don't worry songbird, you're not the only anxious type :P
Met fiance (online): 2001
Started dating: 12/2005
Met fiance: 09/2006; 06/2007
UK Trip: 03/2008; 10/2008
Engaged: 11/2008
Married: 05/27/2009
Spousal visa app: 06/02/2009
Biometrics: 06/26/2009
Consulate received app: 07/01/2009
Approved: 07/02/2009
Moving Date: 09/04/2009

*I'm not any sort of immigration expert; I just play one on the telly*


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