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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7478
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi,A friend is in the UK and wanted a work visa to work in

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Hi,
A friend is in the UK and wanted a work visa to work in the netherlands for 2 months. He has just discovered his 2 year youth mobility visa is expired by 2 weeks. He thought he had another 2 months. Is there any way he can clear his name and therefore avoid having a black mark next to his name on his visa as it was a genuine mistake?
Can he get to any of the european countires now or would they not let him in???!
Thank you
Naomi

ps. He entered the country in August 2011 and therefore thought (wrongly we now realise) that his permit would start then. He has also been out of the country for holidays during this time. He has a planned trip out of the U.K. to Spain with friends in early July from where he was going to stay out of the U.K. , work part time casual in the netherlands and then travel homewards for Xmas via south east asia. Now he may not be able to get into any other country let alone work despite this being a genuine misunderstanding. He only found out this week and has been trying to sort things out since.

PPS He is a New Zealander and hasn't patriality. He is 21 and has dyslexia (although this probably doesn't have any relevance!?)
Hi

Does he have a visa for his trip to Spain?

Tom
Customer: replied 3 years ago.

He is NZ er and therefore is part of the Schenger agreement and can, under normal circumstances, enter any country under this agreement, of which Spain is one, but would be unable to work. He wants to go to Amsterdam first, as his booked trip to Spain isn't til July 7th, I think, and work but I don't think this is possible now?

Hi

I will answer in half an hour..

Tom

Hi

Thanks for your patience.

I’m afraid that I cannot see any grounds to extend his leave to remain.

Youth mobility visas are for a finite length of time. A person cannot extend or switch in to another category. The only time they can apply for further leave to remain is if exceptional compassionate circumstances apply. However, this is usually where the person or a close relative or theirs is in the UK and suffering from a health condition which dictates that it may prejudice their health to compel their removal.

A simple misunderstanding of the rules and leave to remain is not sufficient grounds to get further leave to remain.

As to his chances of getting in to other countries from the UK, it’s ultimately for the officers of those countries to decide. The fact that he has breached a term of his UK visa is very troublesome and I would expect that the other countries would probably refuse entry if he attempted to travel directly to those countries from the UK.

My advice would be to leave the UK as soon as possible and in any event within 28 days of the date that his visa expired. If he leaves within 28 days from the date of expiry then he would not be regarded by the UKBA as a overstayer for the purpose of future UK visa applications.

He should attempt to contact the visa countries once he has returned to his home country to attempt to establish specific guidance on whether he will be let in on his Schengen visa. He may (may) find that some do or at least say that they might subject to any other objections that the officials have when he lands and attempts to enter.

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Kind regards,


Tom
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