John is a publishing executive. He was sponsored by a company and had lived in the UK continuously for five years on a Tier 2 Visa, so he was eligible to apply for indefinite leave to remain (ILR).
John had passed the Life in the UK test and was ready to apply for indefinite leave to remain. As he filled in the form and inputted his biometric card details, he realised his visa had expired more than 30 days ago. He thought it was due to expire, but he got the month wrong.
He had expected his employer or the Home Office would have reminded him, but his employer thought that he would monitor the date himself, and the Home Office does not send reminders.
John had been an overstayer for over a month. As soon as he realised, he became a knowing overstayer and was committing a criminal offence. He could not make a valid application for Tier 2 ILR because the Immigration Rules say that the applicant must not be in breach of immigration laws.
Like many others, John had made an honest mistake. Those five years of his life to get ILR counted for nothing. John had no choice – he had to leave the country as he was unable to apply for a visa within the UK as an overstayer. John packed his bags and arranged a flight back to his country of origin.
Coming back to the UK was difficult: he was not allowed to apply for most types of entry clearance because he had overstayed by over 30 days. Even without this re-entry ban, he could not apply for a fresh Tier 2 visa from abroad, as it requires a twelve-month “cooling off period”. John’s error cost him £7,150 in visa fees.
Scarsdale Solicitors – Manchester, Rochdale and Oldham
For advice on immigration issues from local experts, call the team at Scarsdale Solicitors Manchester, Scarsdale Solicitors Oldham & Scarsdale Solicitors Rochdale. We are proud to be there for clients in the Rochdale, Oldham and Manchester areas. We combine unparalleled expertise in legal matters with the highest level of customer service. If you need assistance or help from Rochdale immigration solicitors, Manchester Immigration solicitors or Oldham immigration solicitors, call us today on 0161 660 6050.
