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Senior Partner
Senior Partner, Solicitor
Category: UK Immigration Law
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Experience:  Solicitor
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i tried to send an email before, i have an expired residence

Resolved Question:

i tried to send an email before, i have an expired residence permit to the uk and i flew to canada without realising that. what do i do now i am due to arrive in uk on saturday.
thanks michele, i am going to be applying for my indefinite leave to remain asap.
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Senior Partner replied 1 year ago.

Hi Michele, thank you for your question. On what basis were you in the uk? When did your leave expire? What nationality are you ?

Customer: replied 1 year ago.


i am not sure if this has gone through so i will try again . i am canadian, i married a uk national in dec 2010 my spousal leave to remain expired 3.2.2013 and i just noticed it today. i am due to fly back to uk after a 13 day vacation to see my mother in winnipeg. i work fulltime in london. i will be renewing my leave to remain to the next stage asap when i get back. thanks michele

Expert:  Senior Partner replied 1 year ago.

Michele I am sorry to tell you but you have a serious problem. Because you are more than 28 days after your leave has expired , you have broken your continuous lawful residence. You are therefore not eligible to apply for an extension of stay whilst in the UK. You could be refused reentry on your return to the UK if you tell them you are working and/or rejoining your husband. To comply with the rules you need to apply for a new spouse visa before coming back to the UK-I suspect that is what the embassy would have said. You may manage to talk your way in on short term leave but you could have a real struggle to regularise your position and legally you are not permitted to work. I am afraid there is no simple solution. Failing to apply on time is overlooked as long as it is not more than 28 days but anything more than that means your leave lapses. Sorry. Please come back if I can clarify anything

Senior Partner, Solicitor
Satisfied Customers: 13240
Experience: Solicitor
Senior Partner and other UK Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.

i have work permitted on my permit now , can i apply from here to extend? i imagine not. this is a disaster. thank you for your feedback.

Expert:  Senior Partner replied 1 year ago.
I understand it is a disaster. You can apply from there indeed that would be the best thing to do - once you get a new spouse visa you can work when you return to the UK. It should be straight forward to get a new visa and the fact that you overstayed is not a ground for refusing so it should be a formality.

If you have not got the information this page will tell you how to apply.
http://www.ukba.homeoffice.gov.uk/countries/canada/applying/?langname=UK%20English
Customer: replied 1 year ago.

do you think i can do it in two days?

Expert:  Senior Partner replied 1 year ago.
I think that is highly unlikely but you would need to speak to the visa handling agency to see if emergency appointments are avilable
Customer: replied 1 year ago.


thank you i do not know how to go about this, i will try and contact worldbridge here in edmonton, all i have are my expired permit my passport all my travel info is in winnipeg as i am in edmonton visiting my brother and his family for two days.

Expert:  Senior Partner replied 1 year ago.
I would start with world bridge or contact the embassy that is all I can suggest.
Senior Partner, Solicitor
Satisfied Customers: 13240
Experience: Solicitor
Senior Partner and other UK Immigration Law Specialists are ready to help you

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