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Voluntary Leave vs Deportation for Overstayer

General UK immigration & work permits; don't post job search or family related topics!

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Vitkoscolly
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Joined: Wed May 12, 2021 11:06 am

Voluntary Leave vs Deportation for Overstayer

Post by Vitkoscolly » Wed May 12, 2021 11:19 am

Hi, I was recommended to join this group for some advice for me and my partner.

I am originally from Lithuania and I have lived in Uk for 11 years. I have settled status here no problem.

My partner is from Caribbean in Tobago and is overstayer here for 19 years and we are almost together for 2 years.

We have spoken to solicitors who advised us to wait until 2 years fully before applying for anything but some have also said to wait until he is here for 20 years as process will be easier.

My question is this - if we are waiting for the time to pass and for some reason the immigration gets to him, is there a chance that the home office will let us go back to my country in Lithuania instead of him going back to Tobago? My understanding is that would just want him to leave the UK and not care too much about where we go?

Thank you for reading and any advice would be recieved.

secret.simon
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Joined: Thu Feb 21, 2013 9:29 pm

Re: Voluntary Leave vs Deportation for Overstayer

Post by secret.simon » Wed May 12, 2021 12:45 pm

The country of one's nationality/citizenship is obliged to take back their citizens (i.e. there are obligations under international laws of nation-states towards their own citizens to allow them to reenter their own nation-state). So, if the Home Office were to get to him, they would deport him to the country which is obliged to take him back, his country of origin.

On the other hand,if he were to leave voluntarily, he can go to any country where he has a right/visa to go to.

If he has overstayed 19 years in the UK, it is unlikely that Lithuania will give him a visa.

But, if the two of you want to be able to control the journey outside the UK, you'd have to go down the voluntarily leaving route.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Vitkoscolly
Newly Registered
Posts: 2
Joined: Wed May 12, 2021 11:06 am

Re: Voluntary Leave vs Deportation for Overstayer

Post by Vitkoscolly » Wed May 12, 2021 9:47 pm

Thank you very much for your advice secret simon - I really appreciate it

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