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Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7591
Experience:  BA (Hons), PgDip, Practising Solicitor
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my application for right to remain in uk through uk ancestry

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my application for right to remain in uk through uk ancestry has been refused. the reason given that my application was submitted after my visa to enter the uk expired. now I am no longer allowed to work,even though I have been employed for the entire 5yrs in the uk. what are my options? and if I can`t work how will my direct debts and other bills get paid?

Do you have any children in the UK?

What was the reason for submitting the application late please?

Customer: replied 4 years ago.

no children,not married either. i was waiting for original birth certificates to arrive,I did inform HO in writing when they sent me a letter askingthat very question


Thanks for your patience.

Your options are not good at all. If you made the application after your leave to remain expired then you are an oveststayer. This is a general ground to refuse your visa applications under Immigration Rule 320.

I appreciate that you were waiting for your birth certificates but the UKBA will argue (correctly) that it is your responsibility to ensure that you have all necessary supporting documentation in hand to submit with your application before your leave to remain expires.

If you applied again now attempting to explain the late application then you would effectively be asking the UKBA to exercising their discretion, where there are not Human Rights element to the argument (as here) this is not usually granted. They would take your application fee and reject the application for the same reason as the one you have just submitted.

I am really sorry but it seems that the best thing to do would be to limit the damage that has already been done. If you leave the UK at your own costs within 28 days of the date of the letter then you may be able to argue that you should not be regarded as an overstayer IF you submitted your application withini 28 days of your leave to remain expiring.

When you leave you may receive a ban from reapplying applicable for one year, because they will see when your leave to remain expires and issue the ban regardless of your application. Were you to apply from out of country you could attempt to argue that you should not be regarded as an overstayer for the reasons in the above paragraph. It’s 50:50 whether they accept this, but if you leave later than 28 days from the date of the refusal letter then you will receive a ban and will not be able to argue around it.

Overstays and bans do not apply if you make an application (out of country) for a visa based on a relationship (eg spouse visa).

Again, I am very sorry that I could not have better news for you.

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Kind regards,

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