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Yes, Anton, generally it is true but do however, remember that the Rule 320(11) potentially prohibits any overstayer from succeeding under any category regardless whether it leads to settlement or not.antontony wrote: 1. Administrative removal is NOT a deportation. Administrative removal is served on overstayers, illegal entrants etc - petty immigration offences. There is NO prohibition for those, administratively removed from the UK to apply for a UK visa the following day.
If he claimed asylum soon after arrival, then there should be no overstay issue. If he was given a visa on arrival he is not an illegal entrant. If he claimed asylum immediately on arrival he must have been given temporary admission. If there has never been a decision on his claim in the 6 years whilst he has been here. there should be no overstay issue, either. If he left the country without waiting for the outcome of his asylum application, his application would be considered withdrawn and he has been in the country illegally for 6 years as an illegal entrant and not an overstayer.rainbow24 wrote: You use the word "overstayer", but my husband came to this country as an illegal entrant from the start. Is this the same thing? He came here on a false passport and I am not certain but I think he was also given some sort of visa for 6months! I would have to check this with him again.
It would be helpful if he could scan the letter and e-mail it to you so we could have a sight of it here.Anton, you mentioned that if he does not state on the application that he was removed, his application could be refused. Its a real pitty that I don't have the letter in front of me, that way I could clarify exactly what it says. The thing is, my husband wasn't actually removed from the country. He was stopped at the embarkment point at Heathrow Airport on his way out of the country, heading back to Pakistan. A letter of some sort was issued to him, and I remember that a box was ticked. The address at the top of the letter was that of the home office.
What is the Pakistani business on his stay in the UK, I wonder?Upon his arrival at Islamabad Airport, he also signed a document stating that he had been staying in the UK illegally.