Question on behalf of friend - Over stayer policy

Dear Respected Friends

One of my acquaintance from Bolton filling his AN application and asking question about good character. He Arrived on 12 July 2008 (Manchester airport) and claimed asylum after 3 months on 14 Oct 2008 (his visa was for 6 months). He got DLR on 6 years route in Jun 2012 and ILR in Aug 2018. He said someone said to him you are fall in the category of over stayer, the person told him if you were applied asylum on airport you are not fall in the category of overstayer, he is so upset and worried.

Please need your kind advise.

Regards,

Asylum seekers have it easy. Any previous overstay is disregarded.
Besides it’s been over 10 years and it doesn’t even matter now.
Read the guidance on nationality by discretion it covers the area..

aman90 wrote: ↑

Tue Sep 24, 2019 9:09 pm

Asylum seekers have it easy. Any previous overstay is disregarded.
Besides it’s been over 10 years and it doesn’t even matter now.
Read the guidance on nationality by discretion it covers the area..

Thank you so much dear Aman x

1.Applicants who claimed asylum during a period of leave to enter or remain in the UK were not in breach of the immigration laws during consideration of their asylum claim and any in-time appeals. However, if the application was refused and the appeal dismissed, they will normally have been given 28 days’ further leave to remain. They will have been in breach if they remained in the UK after that 28 day period. This also applies to cases where the applicant was granted leave to enter or remain under a Humanitarian Evacuation Programme (HEP).

2.Applicants who made an asylum claim whilst in the UK illegally (for example, as an overstayer or following clandestine entry), will have been in the UK in breach of the immigration laws until they were granted leave to remain in the UK. They will be in breach throughout the period when the application (and any subsequent appeal) was being considered. This will have been the case whether or not they were given temporary admission following detection.

I think ur friend falls in the first category.
Wait for someone experienced to confirm.
Sorry abt this.

aman90 wrote: ↑

Tue Sep 24, 2019 9:35 pm

I think ur friend falls in the first category.
Wait for someone experienced to confirm.
Sorry abt this.

I am reading this as well coz he applied asylum during his 6 months visit visa, I mean after 3 months. Could you please see following one as well;

Applicants who claimed asylum immediately on arrival in the UK and were granted
temporary admission pending determination of their claim will not have been in
breach of the immigration laws while their application was being considered or during
consideration of any in-time appeals. Even if their application is refused and any
subsequent appeal dismissed, the applicant will still not have been in breach, until
their temporary admission was revoked and their leave to enter was formally
refused.

Yes.. but ur friend didn’t claim asylum on the airport. He did, however, claim asylum during the time he had a valid visa.

aman90 wrote: ↑

Tue Sep 24, 2019 9:45 pm

Yes.. but ur friend didn’t claim asylum on the airport. He did, however, claim asylum during the time he had a valid visa.

So is he breach the law if he claimed asylum after 3 months during valid visa?

Regards, x

aman90 wrote: ↑

Tue Sep 24, 2019 9:45 pm

Yes.. but ur friend didn’t claim asylum on the airport. He did, however, claim asylum during the time he had a valid visa.

What is the meaning of period of leave to enter or remain in the UK, is this mean visit visa as well?

The friend appears to have registered and posted their own topic with questions.

british-citizenship/asylum-seeker-appli ... 89551.html