New 'blacklist' periods for overstayers

[mym]

Generally the advice here to overstayers is to leave asap and apply from their home country in order to regularise their immigration position, but people should be aware that amongst the 6 February 2008 statement of changes to the Immigration Rules the government are slipping in the below:

7.25. Applicants who have been refused entry clearance after having used deception in their applications will have any future applications they make refused for ten years. Other immigration offenders (other than those who overstayed for 28 or fewer days and left at their own expense) will be refused for the following periods:
One year if, following their breach, they left the UK voluntarily at their own expense;
Five years if, following their breach, they left the UK voluntarily at public expense; and
Ten years if they were removed or deported from the UK following their breach.

http://www.bia.homeoffice.gov.uk/siteco ... iew=Binary

[olisun]

Something similar to the UAE, where they bar you for life

[Jeff Albright]

Something similar to the UAE, where they bar you for life

In reality, I think there will be a lifetime ban for returning, like in Australia where the official ban is 5 years but in fact it is impossible to return.

This is the major overhaul of the UK limping immigration system made by the "fed up" Secretary of State and is even first since 1971 of such massive scale. The document itself is just massive.

If it gets approved by the Parliament, there will be a major crackdown on illegal immigration. Note, that they even prevent those previously working illegally to use their level of earnings in the UK for the application under the tiered system.

In other words, if you breached the rules, you are out for good with no prospective of returning at all.

Now, after 1st April 2008, the overstayers who previously hoped to leave and regularise their stay will not be leaving at all and will argue their cases under the Human Rights, as the new rules will literally ban their return to the country to their families. There will probably be a huge surge of human rights applications made to the courts. In that case, the leave to appeal for overstayers should possibly be reinstated. Interesting...

[magata]

Hi Guys,

If this gets appproved by parliament, when is it likely to begin?

Kind regards

Magata

[Mr Rusty]

Something similar to the UAE, where they bar you for life

In reality, I think there will be a lifetime ban for returning, like in Australia where the official ban is 5 years but in fact it is impossible to return.

This is the major overhaul of the UK limping immigration system made by the "fed up" Secretary of State and is even first since 1971 of such massive scale. The document itself is just massive.

If it gets approved by the Parliament, there will be a major crackdown on illegal immigration. Note, that they even prevent those previously working illegally to use their level of earnings in the UK for the application under the tiered system.

In other words, if you breached the rules, you are out for good with no prospective of returning at all.

Now, after 1st April 2008, the overstayers who previously hoped to leave and regularise their stay will not be leaving at all and will argue their cases under the Human Rights, as the new rules will literally ban their return to the country to their families. There will probably be a huge surge of human rights applications made to the courts. In that case, the leave to appeal for overstayers should possibly be reinstated. Interesting...

You're right that it is a major tightening of the rules against illegals, but I'm not sure about your conclusions in your final para. European case-law has pretty well established that the right to family life does not confer any specific right to exercise it in any particular country. And the courts might well be persuaded that a one-year ban for someone who packs up and leaves at their own expense is not disproportionate, and longer periods for people who have to be forced to go is not unreasonable. It's certainly a change in respect of Deportees, as I believe that at present it's possible for some less serious offenders to apply to have a Deportation Order lifted after 3 years.
Any overstayer with a partner here might do well to consider leaving immediately and getting in an application before April 1st.....

[mym]

If this gets approved by parliament, when is it likely to begin?

Follow the link given.

"The changes in paragraphs 1 to 41 shall take effect on 29 February 2008. The changes in paragraphs 42 to 57 shall take effect on 1 April 2008."

[sunnyday]

doesn't say anything about the long residency rule does it?

[thirdwave]

doesn't say anything about the long residency rule does it?

And what about the spouses of UK residents who have been here illegaly?

[Administrator]

.

And what about the spouses of UK residents who have been here illegaly?

What mechanism do you imagine the spouses would have to stay in the UK? Easy if they are UK citizens or EU citizens. If they are not, it would seem they need to have their own visas (work permits, students, etc.).

Barring use of the above mechanisms, it would seem they would require a spouse visa to join their spouses in their home countries.

The question you posed sort of requires refinement. What point are you considering here?

the Admin

[Twin]

Hi guys,

This is shocking news to me as i am currently planning to return to my home country and apply for Right of Access to my child.

My question is: does this apply to every entry clearance case? Could I really be barred from re-entering to exercise a court order?

Your reply will be greatly appreciated.

thanks.

[Jeff Albright]

My question is: does this apply to every entry clearance case? Could I really be barred from re-entering to exercise a court order?

Twin, the new rules are yet to be approved by the Parliament. If they do, then they will come in force from 1st April 2008. It gives you enough time to sort your departure and return out.
Even if your entry clearance application undergoes the referral and a decision delayed, they will still probably consider it under the old rules. But who knows?
I cannot remember exactly what your situation was and I cannot remember if an overstay was a part of your problem.
I also do not know what your recent circumstances are. In particular, whether or not you sought a reconsideration. If you did not then you really should have already departed from the country.

[Jeff Albright]

European case-law has pretty well established that the right to family life does not confer any specific right to exercise it in any particular country.

Technically correct. If you read the case law, however, you will probably know thaat the arguments on Human Rights are extremely complex, Mr Rusty. There is no black or white decisions. They vary hugely from case to case. Yes, the removal may be in accordance with the law but the proportionality itself is a very complicated issue. Human Rights Article 8 is not the only Article in the Act. Moreover, Family Life is not the only factor under this Article. Private Life, is. Established life, career, contribution to society, community relations can weigh heavily. Immigration history, too. Representations, waiting times, are also important.
When saying that there will be a huge surge in appeals, I particularly meant appeals, not outcomes. It is not possible to predict the number of successful or unsuccessful appeals. But clearly, the new rules will create incentive for many illegals to challenge them.

[Twin]

I sought reconsideration which wasn't granted. I have since put in a fresh application under the 7 year rule. However, i'm not very optimistic about it and i was looking at the option of returning home but there a lot of requirements to be met. I need to get a court order that gives me access and of course ensure that I can satisfy the maintenance part of the requirement - that is why i'm still around.

To be honest, I am perplexed! I don't know what my best option is now. Stay or leave. If I stay, there isn't a guarantee on the seven year concession application and it might take very long. If I leave, I could be refused and barred for a year. I can't take my daughter with me as there is an order preventing her from leaving the country.

I don't know what to do now!

[magata]

Generally the advice here to overstayers is to leave asap and apply from their home country in order to regularise their immigration position, but people should be aware that amongst the 6 February 2008 statement of changes to the Immigration Rules the government are slipping in the below:

7.25. Applicants who have been refused entry clearance after having used deception in their applications will have any future applications they make refused for ten years. Other immigration offenders (other than those who overstayed for 28 or fewer days and left at their own expense) will be refused for the following periods:
One year if, following their breach, they left the UK voluntarily at their own expense;
Five years if, following their breach, they left the UK voluntarily at public expense; and
Ten years if they were removed or deported from the UK following their breach.

http://www.bia.homeoffice.gov.uk/siteco ... iew=Binary
_________________

Is this law going to be for overstayers from the date that it comes into effect .Or is it going to be used against overstayers who are already back in there home country applying after that date also?

[Mr Rusty]

Is this law going to be for overstayers from the date that it comes into effect .Or is it going to be used against overstayers who are already back in there home country applying after that date also?

That's a very good question. I don't know, but I wouldn't be surprised if any application made after 1st April is judged by those criteria.

I saw anecdotal evidence on another forum that one Embassy is applying them already!

[paulp]

That's a very good question. I don't know, but I wouldn't be surprised if any application made after 1st April is judged by those criteria.

I saw anecdotal evidence on another forum that one Embassy is applying them already!

The HO is probably going to say that it is not restropective as it is being applied at the time of the new application. Just like the 4-5 year change for ILR.

[VictoriaS]

Hmmm. It looks like I misread, so it is from 1st APril, but Jeff, changes to the Immigration Rules don't need to be agreed in Parliament, they go through an Order in Council, so this is a done deal.

Victoria

[magata]

Guys, once again many thanks for your great comments and further clarification.



Regards

[mym]

changes to the Immigration Rules don't need to be agreed in Parliament, they go through an Order in Council, so this is a done deal.
Victoria

Changes to the IR are not Orders in Council, they are Statutory Instruments subject to negative resolution procedure (as it says in 6.1 of the Explanatory Memorandum). Though the chance of either House annulling them by resolution is vanishingly small.

[magata]

mym
Member of Standing


Joined: 28 May 2007
Posts: 217
Location: London
Posted: Tue Feb 12, 2008 3:31 pm Post subject:

--------------------------------------------------------------------------------

VictoriaS wrote:
changes to the Immigration Rules don't need to be agreed in Parliament, they go through an Order in Council, so this is a done deal.
Victoria


Changes to the IR are not Orders in Council, they are Statutory Instruments subject to negative resolution procedure (as it says in 6.1 of the Explanatory Memorandum). Though the chance of either House annulling them by resolution is vanishingly small.
_________________
--
Mark Y-M
London

Very interesting!

[Jeff Albright]

changes to the Immigration Rules don't need to be agreed in Parliament, they go through an Order in Council, so this is a done deal.
Victoria

Changes to the IR are not Orders in Council, they are Statutory Instruments subject to negative resolution procedure (as it says in 6.1 of the Explanatory Memorandum). Though the chance of either House annulling them by resolution is vanishingly small.

Ok, ok Guys... I don't have sufficient knowledge of those details so I withdraw here...

[chrissy]

Hi

Could someone please clarify something for me. Do the new rules mean that if an overstayer has been back in their home country ,for any amount o time, provided they make an application after 1 April 2008, it will be rejected due to the bans?

[Mr Rusty]

Hi

Could someone please clarify something for me. Do the new rules mean that if an overstayer has been back in their home country ,for any amount o time, provided they make an application after 1 April 2008, it will be rejected due to the bans?

As I read it, anyone who applies after April 1 and was previously served with papers and removed as an illegal entrant or overstayer or deportee will automatically be refused an entry clearance. The "amount of time" depends on the date of departure from the UK, so anyone who was so removed before 1 April 1998 would be entitled to have an application considered under the Rules.
If someone overstayed but never came to notice before they left the UK, it's up to them whether they declare it or not.

[chrissy]

Thanks for that information Mr.Rusty, now I might be a bit slow but my understanding of what you have just said is basically, if you left voluntarily and have been away for a year by the 1 April 2008 then you would be considered for entry clearance?

[sally12345]

Thanks for that information Mr.Rusty, now I might be a bit slow but my understanding of what you have just said is basically, if you left voluntarily and have been away for a year by the 1 April 2008 then you would be considered for entry clearance?

Hi All,

can I ask then could the overtayer reutrn as normal after 1 year if they are not refused? or could they still get refused on the basis of them overstayingin the uk before? the document is not clear! on that part