Visa Expired and Work Might Give Me The Boot!

Hi,

So, my wife is British, we married over 4 years ago in the US, and moved to the UK back in October 2006.  Since living here we've had our first child and I've had to find full-time employment to become the sole-earner for the family.  We moved house in November 2008, so we applied for ILR by post soon after that.

Well, my work is now doing checks on people's VISA's and such, and I'm afraid I might get fired.  It's been two months and I haven't received anything back, accept a confirmation letter confirming receipt of my application... and of course they took the money without any delay.  Their web site is saying up to 70 working days to process!  Yikes, that means I might not see anything until mid-March?!?

Anyway, I have no idea what my options are.  Wondering if anyone can provide me with advice, or a resource since I can't see to get the agency on the phone.

Thanks in advance!

I am sure that your current status stays the same as long as you can show that you have applied..I could be wrong 

As long as you have an in-country application being processed you maintain your current visa status - in your case this means that you're still eligible to work. Best to make sure that your employers know this though!

just want to be clear on the dates- when did your visa actually expire?  If you applied for your ILR before the expiration date on your initial spouse visa you should be fine, but the way you've worded it (moved in October, applied for ILR in November 2 years later) makes it seem as if you sent in the ILR application after the visa expiration date, which presents a problem.

just want to be clear on the dates- when did your visa actually expire?  If you applied for your ILR before the expiration date on your initial spouse visa you should be fine, but the way you've worded it (moved in October, applied for ILR in November 2 years later) makes it seem as if you sent in the ILR application after the visa expiration date, which presents a problem.

Good point, I didn't notice that. If your visa expired before you applied for ILR you're not, in fact, eligible to work, and are also in the country illegally as an overstayer. That will cause problems with the application, as well as with your employer.

Unfortunately, yes I posted the application after the expiration of my 2 year visa.  At the time, our understanding was I had the right to stay in the UK, but I would be denied re-entry should I leave.

I don't know if this applies, but the following post sounds like the extended the default spousal visa to 27 months, and it might affect me retroactively (fingers crossed).

http://talk.uk-yankee.com/index.php?topic=50141.0;prev_next=next [nofollow]

Only for new applications.  You old visa expiry date still exists.

Unfortunately, yes I posted the application after the expiration of my 2 year visa.  At the time, our understanding was I had the right to stay in the UK, but I would be denied re-entry should I leave.

Oh dear.  Your understanding was wrong, I'm afraid- as soon as your visa expired you became an overstayer, and you've been working illegally to boot.

The spousal visa has been extended to 27 months, but it's not retroactive so doesn't have any effect on your particular situation.

In short, by letting your visa expire you now have a big problem on your hands...I'll leave it to those who are better informed as to what you should do to try and resolve this.

Hi,

So, my wife is British, we married over 4 years ago in the US, and moved to the UK back in October 2006... We moved house in November 2008, so we applied for ILR by post soon after that.

Ooo...springhaze has a point, if you entered in October 2006 on your visa and you waited until AFTER the expiration date to apply for your ILR when you moved house in November 2008 you're pretty much screwed.


http://www.ukba.homeoffice.gov.uk/ukresidency/settlement/applicationtypes/applicationformset(m)/

The notated website above is very clear:
You must not send us your application more than 28 days before the end of your two-year qualifying period. If you do, we may refuse your application with no refund of the fee. However, you must make your application before your current permission to stay in the United Kingdom expires.

I don't know if this applies, but the following post sounds like the extended the default spousal visa to 27 months, and it might affect me retroactively (fingers crossed).

http://talk.uk-yankee.com/index.php?topic=50141.0;prev_next=next

My visa was issued March 2008 and was only issued for 24 months. It was only mid summer last year when they started issuing them for 27 months. You may want to get some professional help.

x-posted with springhaze

Unfortunately, yes I posted the application after the expiration of my 2 year visa.  At the time, our understanding was I had the right to stay in the UK, but I would be denied re-entry should I leave.

Wherever you got that information from is grossly inaccurate and needs correction. A visa gives you the right to be in a country, not just to enter it, and is only valid until its expiration date.

WebyJ is right, you should probably get professional assistance in this, preferably before they reject your ILR application.

Well, where can I go from here?  I can't just quit my job (or be fired), nor can I leave the country when I have a wife and daughter to support!

I appreciate the advice I'm getting here thus far, but I need to take it to the next step to resolve the situation (soon becoming a crisis).

Thanks!

I would suggest emailing Vicky - a.s.a.p

Well, where can I go from here?  I can't just quit my job (or be fired), nor can I leave the country when I have a wife and daughter to support!

I echo the previous two posters- you need professional advice as soon as possible.  There is a (wonderful) professional immigration adviser on this board who will probably see this thread soon and weigh in, or you can contact another OISC-registered adviser.

xposted with Plumits Daughter!

The unfortunate reality of the situation is that you might be compelled to return to the US, refile for a new two-year spousal visa there and then return to the UK to start a new qualifying period. So in terms of achieving ILR or citizenship, your clock would be reset to zero.

This is a rather unpalatable prognosis, but I defer to what the experts have to say!

I hope you get it sorted soon..  

Vicky will probably be here shortly...