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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7609
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hello there, I have an out of the ordinary immigration

Customer Question

Hello there,
I have an out of the ordinary immigration request and I am struggling to know what to do.I was delayed entry on my Tier 5 Youth Mobility by 18 months due to circumstances beyond my control, and was advised to write to the home office a month before my visa expired, which I did on a FLR ( other) form accompanied by all of my supporting documentation.My visa expired on the 2nd November 2011, and my application was sent into the home office on the 2nd October, with the "in progress" letter delivered to me on the 8th October.
My application was returned to me as invalid on the 30th December with the reason being that I had filled out the wrong form.They informed me I should apply on a Tier 5 main applicant form and that I had 28 days to resubmit with the fee I had already paid transferring over to the new application.
My concern is that I have looked at the Tier 5 main applicant visa form and know that you need a sponsor - hence it will once again be returned to me as invalid ( probably after another three months).I am hoping I can chat to someone to figure out if it is best for me to return to Australia so that I am not penalised in the future if I did wish to apply for another Tier.I know that I have not done anything wrong at this point, as my application was in well before my visa expired ( and I would have returned home had they said a flat out no), but am confused as after all the advice and research I undertook before submitting pointed to using the flr( O) form.
Thanks
Danielle
Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 5 years ago.
Hi Danielle
Thanks for your question.
To enable me to answer your question could you please respond to the following using the same numbering:-
1. Normally YMS visas cannot be extended. Am I correct in assuming that you are applying now to request the UKBA exercise their discretion and grant you further leave to remain on the basis that your entry to the UK was delayed originally and therefore the leave to remain that you hope to now be granted will be so that your total time physically in the UK will take you to the 24 months normally permitted?
2. Is this the form which you have completed and submitted to the UKBA http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/pbs/tier-5-application-form1.pdf

Kind regards.
Tom
Customer: replied 5 years ago.
Hi Tom,
Yes you are completely correct in assuming that I am requesting discretion.I have not resubmitted anything as yet,because after reading through this form ( the one which you have attached) I don't understand how it could be used to ask for discretionary leave to remain due to the sponsorship factor? Would I simply leave that part out?
Danielle
Expert:  Thomas replied 5 years ago.
Hi Danielle,

Thanks for your reply.

I assume you an Australian Citizen. As such the sponsorship part if not relevant to you. You will see from the following link under the heading “Certificate of Sponsorship (Taiwan) Only” that sponsorship is required only of Taiwanese citizens applying under the YMS:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/working/tier5/youthmobilityscheme/eligibility/#header2

You will further note at Annex A (page 13) of the form that Australia is one of the countries which has deemed sponsorship status. This means that you are not require to have a sponsor and was obviously why you did not require a sponsor at the time you applied from Australia.

I appreciate that the form is not terribly well drafted but there you are.

You should put “N/A” in the sponsorship section and in your covering letter with the application form inform them that as an Australian citizen you have Deemed Sponsorship status and have accordingly left this part blank.

Even if your application was rejected you will be informed by letter of rejection and asked to leave the country within a specified timescale (eg. 28 days). Provided you left within this timescale and kept this letter and your previous letter then you would be able to argue in any future application that you made from Australia that this period should not be regarded as an overstay because of the further periods of time granted to you in the letters. A person’s leave to remain is temporarily extended whilst they have applications pending so you would be fine.

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Kind regards,


Tom
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Expert:  Thomas replied 5 years ago.
HI Danielle,

I should also have said that with any future application you would have to explain the chronology of your recent applications, referring to and attaching the letters you have received from the UKBA and also to the dates of the application that you have submitted.

Kind regards,

Tom
Customer: replied 5 years ago.
Hi Tom,
Thank you for your help.Just a few more questions- in the application where it says have you overstayed in the UK do I say yes, but then explain that my application was in process ( of course enclosing the letter from the UKBA).In the returned letter it states that I should not send the new application to the address on the new application form, but to the enclosed address- am I wrong to assume that this would be the address the letter was sent from ( Sheffield).In regards to payment, as they stated the money would be used for the new application do I leave out the payment form, as using the reference number should recognise that I have already paid.Sorry, I just want to get it right with no complications!
Danielle
Expert:  Thomas replied 5 years ago.
Hi Danielle,

Sorry for the delay in replying, I've been offline.

I would explain the chronology in your covering letter and tick No to overstaying but then explain with the choronology that this period should not be regarded as an overstay. Attach a copy of their previous letter too.

You should send the letter to wherever the returned letter states.

If they have retained your fee then I would not complete the bank details section but, again, explain in your covering letter why you have not completed it.

Kind regards,

Tom

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