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My son applied to UKBA for ILR just over 6 months ago. He was

brought in the country as...
My son applied to UKBA for ILR just over 6 months ago. He was brought in the country as my dependant. I am in partnership with a UK citizen and my son (as a dependant then under 18) and I were given a two year resident visas which expired end of March this year. I was granted an ILR beginning of March and a few days after that we submitted my son's application (who just turned 20 years old). The first application was returned because of the UKBA could not take the payment and we got our documents back just after his visa expiry date and sent them back immediately after sorting out the banking problem. the second attempt was successful and he then submitted his biometrics details in May. He took his year off and was working at that time after finishing doing his A levels in 2012. The agency that employed him made immigration checks in June and got a response that he no longer can work as his application was submitted after the expiry date.
We have a few concerns here: 1). What is his immigration status now? Is he illegible to work (as he was on his previous visa)?
2). Who can we contact in the UKBA who can give us any information about this case?
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Answered in 26 minutes by:
10/5/2013
UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2,458
Experience: I am a qualified solicitor and an expert in UK law.
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Hi, thank you for your question. Please remember to rate my service so I am credited for my time.

1. If his current application was made after the expiry of the first then at the time he submitted the application he was an overstayer, regardless of why the application was delayed. Therefore his permission under is previous visa would not have extended, his previous permission would have extended if his application was made prior to the expiry of his visa.

He applied as an overstayer and there he is unable to undertake employment in the uk.

2. You can contact the home office enquiry line on 08706067766, they will be able to give you general information, but will only be able to provide information regarding the application if it was submitted more than 6 months ago, if the application has not yet been submitted for 6 months they do not unfortunately provide you with any information regarding its status.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. If however you feel that the answer does not cover all the points raised in your question please DO NOT rate my answer negatively I will be happy to answer further question until you are satisfied with my answer.

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Customer reply replied 4 years ago

Hi there,


 


I still have a concern about my son's status at the moment. As I replied in the previous main his application has been forwarded in the right time before the expiry date and the returned as UKBA had problems in accessing my account. Then the second application was sent shortly after the documents were received. That was just after the expiry date. I am wondering if this could cause the delay of the case and the documents still at UKBA. And the second concern that his job has been taken off him. Could this somehow affect the visa decision (from your practice)? I'm sure we are not the only one in a similar situation. The situation in which my son who wanted to apply for the university and the student finance and was taking full time employment to support his studies is now in shatters. Is there any article (a waver) in the immigration law that can be used to restore his status situation as he is not an overstayer at least in the definition given by the UKBA? Thanks

Thank you for your reply.

1. As I mentioned earlier regardless of the first application your son's second application was sent after the expiry of his visa therefore the application was made as an overstayer.

Regardless of the first application being made before the expiry of his visa, because that application was never accepted because of the money issue it is deemed invalid and it was as if therefore no application was made. You therefore need to take in to account the second application which was accepted and there as this was submitted after the expiry of his visa he was an overstayer.

2. I do not think that sending the application just a few days after the expiry of your son's application would not be the reason for delay in them replying.

3. Because your son applied as an overstayer, he therefore does not have a right to work. He should therefore wait for a decision on his application before undertaking work or studies.

I understand that you may not be happy with the situation but he is only able to regularise his status in the uk if he gets issued with a visa. But just to confirm your son unfortunately was an overstayer at the time of his second application which means his previous visa does not extend, because he did not have a visa at the time he made a successful application.


I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. If however you feel that the answer does not cover all the points raised in your question please DO NOT rate my answer negatively I will be happy to answer further question until you are satisfied with my answer.

Kind regards
UK_Lawyer
UK_Lawyer, Solicitor
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