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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: UK Immigration Law
Satisfied Customers: 3420
Experience:  English Solicitor and UK Immigration Law Expert
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Hello there, Hope somebody can help us out from this situation.

Resolved Question:

Hello there, Hope somebody can help us out from this situation. We are in desperate need of help. My wife is under Work Permit which expired on 5th Nov 2011. She has been working for this company for the last three years; we applied for her work permit extension under tier2 transitional arrangement A. Her application has been refused with no rights to appeal. Her employer had to apply for sponsorship licence for the first time from scratch under new system. They started this process in Sep 2011 but finally received the licence 7th Dec. My wife had to wait until that process was to be completed in order to get her sponsorship certificate. She applied for the extension with all documents on 9th Dec. We hoped that everything would go well but is did not. While producing the online licence number her employer put a wrong skill code that refers her jobs as Low-Skilled. they had realised the code was totally wrong. This is a genuine mistake made by her employer and they want to correct now and support us all the way to get together this painful process. My wife’s application is rejected on the basis that the occupation code mentioned on the sponsorship certificate by her employer is not considered as skilled job therefore she is not eligible for Tier 2 Transitional Arrangement A. On top of this, as she applied for the extension after her leave to remain expired, the rejection letter reads out that she is not eligible for appeal. Her passport has been passed on to Immigration enforcement Team which will help her to deport. We don’t know what is going to happen next. I am under Tier 1 General and her work is ready support her fully, she is okay to go back to home country and apply fresh for work permit or as my dependent. But given the fact that we did a delayed application (35 days) we have been told that they may ban my wife from entering UK for a year. We are absolutely shattered by this news and we don’t know want to do. We have a full-fledged life here and we can not afford stay apart for year. We did not know the seriousness of this delayed application. Any advice from this forum would be a very big help. What would recommend us to do? Make a fresh application in-country explaining the circumstances as exceptional or go back to home country and apply fresh. If we go back, what if my wife is banned to enter UK for a year? How we can get back her passport from them. we are mortified by this news and we have no idea how to deal with this situation.
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,

I am sorry to hear about this. Your case is too complex to deal with on this Q&A site but the general position is as follows:

one should never overstay their visa,your wife should have sent in her application for extension before her visa expired along with a covering letter explaining that the employer is waiting for the relevant document to come through from UKBA;

normally, overstayers who leave the UK within 28 days are not banned, as her visa expired in November, she is not protected by this rule;

they will give her passport back at the airport if she sends them an airline ticket confirming that she is flying out.

It may be possible to sort this out without her having to go back home by asking for a review of the decision, but you should get good legal representation. I suggest you get in touch with Malik Law www.maliklaw.com who are well known in human right applications

Hope this helps. Please click on Accept


Customer: replied 2 years ago.
We understand that we have done a terrible mistake by submiting the application a week later. if only we had submitted a week before we would have gone under that 28days window.
If we want to apply fresh how we can submit our pasport, as it is been held by the enforecement team?
Do you think we can tell them that we are making a freah appeal and request them to transfer the passport over to UKBA application team?
Expert:  UKSolicitorJA replied 2 years ago.
You do not need to submit your passport, just tell them that the passport is with their enforcement team.

The passport is not an important issue, you should be focusing on getting the refusal overturned.

All the best. Please click on Accept
UKSolicitorJA, Solicitor
Satisfied Customers: 3420
Experience: English Solicitor and UK Immigration Law Expert
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