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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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My domestic worker visa has expired (45 days). What is your

Resolved Question:

My domestic worker visa has expired (45 days). What is your guidance to be able to extend this visa - if this is feasible ?
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.

Hi
Thanks for your question.
To enable me to answer your question could you please respond to the following using the same numbering:-
1. What is the explanation behind the overstay?
2. Are you in a relationship with anyone and, if so, what is there immigration status?

Kind regards.
Tom
Customer: replied 1 year ago.
1. This domestic worker has been working for me for the past 7 years, and every year I have been successful in the applications for extension. It has been a genuine mistake from my part whereby only today did I check the passport and visa status to find out it had expired on 15.06.12.
2. I am married and both my wife and I are UK citizens. I am the domestic worker's employer.
Expert:  Thomas replied 1 year ago.
Hi,

Thanks for your reply.

If a person’s visa has expired for more than 28 days then this is a general ground for the UKBA to refuse most types of visas, including this one, see Immigration Rule 320 7B:-
http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part9/

Therefore if you make an application in the normal way it will be rejected. The only chance that you would have is submitting the application but with a covering letter mitigating the overstay by referring to your oversight. With this you yourself should write a letter confirming that it was your mistake and that she should not be held responsible and referring to the previous observance of the immigration rules throughout her stay.

It will be entirely at their discretion whether or not to accept it, there is a chance but ultimately each visa national is responsible to ensure they don’t run out of leave to remain so the mistake is still hers.

It’s worth an application but you may have a fight on your hands and, frankly the best thing you could do is to instruct a solicitor to draft the mitigation letters.

If she is in a relationship with an EEA national then she could probably apply to stay here without leave if she has cohabited with them for two years or more OR she is married to them. If she is married to a UK national or person holding Indefinite Leave to Remain then she can probably able to stay here if they have a salary in excess of 18, 600gbp, but she would probably have to leave the UK to make the application from her home country.


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Kind regards,


Tom
Thomas, Solicitor
Satisfied Customers: 6042
Experience: BA (Hons), PgDip, Practising Solicitor
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