Need Urgent Attention, please advice on overstay on WP

[petaro]

Hi guys,


i am just wondering if somebody give me an expert advice regarding our new Tier 4 visa application for UK on the following previous issues;

I have been granted a work permit in 2007 for 5 years which was supposed to be expire in 2012, on my work permit basis, my wife applied for a dependent visa immediately and got a visa for the same. But unfortunately, in February 2008 I lost my job for some reason and my company gave me two months grace period to find another job in the UK and then we will inform the immigration by the end of March 2008 to cancel my work permit. I start look for another job immediately in order to transfer my visa, but could not find a suitable position within the grace period. In addition to this, my wife gave a birth to the new baby in May 2008 and we left the UK in August 2008. I believe that we were overstayed for 5 month, but in addition to this, my company never contacted me nor immigration informed us that our visa has been cancelled and I have limited time to leave this country. I contacted one solicitor and explained the entire situation, he told me to wait for a letter from home office regarding my visa status and then leave, in short, he told me that I can still stay in the UK, it may be happened that my company never inform home office regarding job.

We are now interested to come back to UK, but at this time, my wife is applying for Tier 4 visa and my child and I myself will be applying as a dependent applicant. Just to inform you that our passport is clean with no overstay stamp etc and by the time we were at the immigration counter the immigration officer never asked any question regarding our overstay, they might considered our work permit duration, in short we left UK valuanteerly.

1. Please advice me, if we are lodging a fresh Tier 4 application, do you think they will check our previous history and may contact my last company regarding the date I left this company? Afterward they could find out our over stay?

2. As far as I am aware, if some one leave the country voulantarily, than the ban will be for 1 year, does it mean that the fresh visa application can be made after 1 year, however, it is now almost 3 years?

3. In the new visa application, do we need to explain our previous situation and let them inform our overstay? (They may do not know or not in their record)

4. Do you guys think, that the visa can be granted as this situation occurred long time back and even the ban is no more as we are applying after 3 years.

It will be highly appreciated if you give me your expert advice and thank you very much for taking some time to go through all this.

Waiting for your prompt response