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Am I an Overstayer? Help with voluntary departure.

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

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helpplease!
Junior Member
Posts: 66
Joined: Tue Dec 03, 2013 9:08 pm

Am I an Overstayer? Help with voluntary departure.

Post by helpplease! » Fri Jul 10, 2015 9:44 pm

Dear All,

Any help on how best to "Voluntarily Depart" would be extremely appreciated, i.e. without incurring any re-entry bans, considering my history below?

-19.6.13 - UK Residence permit granted, valid until 28.10.13.
-8.10.13 - Applied to extend permit
-7.11.13 - Application to extend permit refused (wrong form used)
-7.1.14 - Re applied using correct form
-30.1.14 - Application for extension refused, no right of appeal granted.
-26.2.14 - Application for permission to bring Judicial Review lodged
-21.5.14 - Application for Judicial Review refused on papers
-23.5.14 - Request for Oral hearing lodged (later received date of 28.8.14)
-4.8.14 - Applied for FLR (FP) Family Life as a Partner upon advice (I have been in a relationship with a British Citizen for over 5 years)
-28.8.14 - Judicial Review oral hearing - JR withdrawn
-6.10.14 - FLR (FP) application refused on insurmountable obstacles only, no right of appeal - Passport retained by Home Office (also my passport is now expired)
-18.12.14 - New application for permission to bring Judicial Review lodged against refusal of FLR (FP)
-9.7.15 - Application for Judicial Review refused on papers.

Now, I have an option to once again Request for Oral hearing lodged, which I have 9 days to lodge (by 15.7.15), which I may do in any event, but I have decided to "voluntarily depart" to return back to my home country, where I and my British partner can get married and I can then later return to the UK on a Spouse Visa.

However, I have certain questions which I am having difficulty finding answers for;

1. Am I officially an overstayer, even though at all times I have been either waiting to hear from my FLR (FP) application or Judicial Review applications etc? Since 28.10.13 I understand that I have not officially had a valid visa, and since 6.10.14 the Home Office has retained my passport, but since 28.10.13, I have been waiting for Judicial Review decisions or application decisions etc, and also I have always lodged the JR within the 3 month time limit etc.

2. If I am not considered overstayer, and I do voluntary depart, will I be given a ban on re-entry of 1 year 2 years 5 years?! If I am considered an overstayer, at what stage did I overstay?

3. Would it be an option for me to get a new passport from my countries (Turkey) Embassy in London, and return on this new passport without informing the voluntary departures team? Or is this a stupid idea, i.e. when leaving the UK at the airport would the immigration know of my status? I ask about this because I assume it would be easier entering Turkey with a valid passport rather than an expired one.

4. Any other ideas on how I can now leave the UK without any re-entry ban? Or, if I do receive a re-entry ban, and then my British Partner marry in Turkey, and I return as a Spouse, then does the re-entry ban still count?

5. As mentioned above, my passport is now expired as it has been with the Home Office for so long, so how does this affect things?

Any help on the above would be great, thank you.

helpplease!
Junior Member
Posts: 66
Joined: Tue Dec 03, 2013 9:08 pm

Re: Am I an Overstayer? Help with voluntary departure.

Post by helpplease! » Sat Jul 11, 2015 8:15 pm

Any help guys??

Thanks!!

helpplease!
Junior Member
Posts: 66
Joined: Tue Dec 03, 2013 9:08 pm

Re: Am I an Overstayer? Help with voluntary departure.

Post by helpplease! » Sun Jul 12, 2015 7:08 pm

Sorry guys, my first bullet was supposed to say;

-19.6.12 - UK Residence permit granted, valid until 28.10.13.

Cannot see an option to edit original post.

Any help would be appreciated.

vinny
Moderator
Posts: 32757
Joined: Tue Sep 25, 2007 7:58 pm

Re: Am I an Overstayer? Help with voluntary departure.

Post by vinny » Sun Jul 12, 2015 7:55 pm

I think that you were an overstayer since when your appeal rights initially lapsed, about 10 days after you were notified of your initial refusal on 7.11.13.

Overstaying (on its own) shouldn't affect a spouse visa application.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

helpplease!
Junior Member
Posts: 66
Joined: Tue Dec 03, 2013 9:08 pm

Re: Am I an Overstayer? Help with voluntary departure.

Post by helpplease! » Mon Jul 13, 2015 11:24 am

Hi Vinny,

Thanks for your very informative and helpful reply.

I note what you say, however the Home Offices letter of 7.11.13 stated in brief;

"Thank you for your attempted application for Leave to Remain in the UK..

..your application is invalid and we are returning the application form and documents received from you. Please read this letter to ensure that you understand what you need to do in order to make a valid application..

..You have applied on the wrong form. In order to apply for Discretionary Leave, you need to apply on the correct form. You can obtain forms from our website at...

..If you wish to make an application, you must return your fully completed application form with the appropriate fee to the address given on the application form.

Yours sincerely,
..."


So, I took further advice and then I did apply using the correct form, part of which required me to include by own official bank statements as well as my partners etc, on bank paper and stamped etc, which I had to order from my bank, which took almost 2 months to arrive, hence as soon as I received them I applied on 7.1.14. If I had sent the correct application form without the correct Bank statements, I would have been refused in any event, so there was nothing I could do but wait for the official statements.

Nothing on the HO's letter of 7.11.13 gave any time limits or restrictions, or mentioned that I may be seen as overstaying should I not meet a certain date, etc. Perhaps I should have said initially;

7.11.13 - Application documents returned as wrong form was used, given opportunity to re apply with correct form.

Considering this, do you consider that I would still be seen as an overstayer?

Many thanks.

vinny
Moderator
Posts: 32757
Joined: Tue Sep 25, 2007 7:58 pm

Re: Am I an Overstayer? Help with voluntary departure.

Post by vinny » Tue Jul 14, 2015 5:00 am

From 6th Nov 2014, they gave applicants 10 business days to correct an invalid application. Not sure what their policy was when they replied to you on 7.11.13. However, their refusal without a right of appeal suggested that they considered you as a overstayer prior to 7.1.14, else they would have given you a right of appeal.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

helpplease!
Junior Member
Posts: 66
Joined: Tue Dec 03, 2013 9:08 pm

Re: Am I an Overstayer? Help with voluntary departure.

Post by helpplease! » Wed Jul 15, 2015 6:03 pm

Hi Vinny

Thanks, that's where my confusion is.

Their letter of 7.11.13 wasn't really refusing me it was just telling me to apply using the correct form. No limits were given. So the correct form required me to submit official bank statements which took until early January to arrive, considering Christmas and new year etc. So I applied as soon as I could. Even if the 10 day limit was in force back then this wouldn't have been enough time!


Thanks Vinny

helpplease!
Junior Member
Posts: 66
Joined: Tue Dec 03, 2013 9:08 pm

Re: Am I an Overstayer? Help with voluntary departure.

Post by helpplease! » Tue Sep 01, 2015 9:55 am

So, I voluntarily departed on 25 August.

I arrived at Gatwick and checked in with my boarding pass and letter which was previously emailed to me by voluntary departures.

Then my passport was given back to me and I boarded the plane and now im back in turkey.

I didn't sign any documents whatsoever. I thought that if you are an over stayer you get a re entry ban but nothing was said about this. I was not interviewed or given any papers.

Do I currently have any re entry bans? If/when I apply for my spouse visa (I am marrying a British citizen in turkey soon) will I face any troubles, because as far as I am concerned I have not been band. Do I even need to state in my application that I overstayed, because I never received any re entry bans? ?

Thanks

BlackLeg
Newly Registered
Posts: 1
Joined: Thu Sep 03, 2015 2:30 pm

Re: Am I an Overstayer? Help with voluntary departure.

Post by BlackLeg » Thu Sep 03, 2015 2:55 pm

Hello,
I am an international student from Africa and something similar happened to me last year. The difference is that, I had completed my studies in July and my T4 visa had been curtailed to October, despite indicating March. I realized this myself after receiving a job offer and checking for tier 2 procedures with my University Visa team. I had not received a curtailment notice of any sort, but was advised of the situation by my university visa team. I left in February and had no issues. I thought I was going to have my visa checked or scanned but they just focussed on my passport ID page and let me through (Manchester Airport). From my home country, I applied for a masters degree and in the application form, I just mentioned the truth, which is that I was never deported or anything and that I never violated any curtailment notice (never received any!). I left because my studies was over. My application was successful.

Now, what I would like to know is whether you stayed longer than the date physically printed on your visa? If so, how long as I am having trouble following the dates you posted. I am asking because I now have a friend in this situation.

Cheers

helpplease!
Junior Member
Posts: 66
Joined: Tue Dec 03, 2013 9:08 pm

Re: Am I an Overstayer? Help with voluntary departure.

Post by helpplease! » Tue Sep 08, 2015 1:02 pm

Hi there

thanks for the reply.

Yes I did "overstay" the date on my last visa. It finished in October 2013 but at all times I was either waiting for the outcome of extension applications or judicial reviews etc. I then left in August 2015. Supposedly I was an over stayer since November 2013. I voluntarily departed at my own expense and was given my passport and that's all. I signed no documents and no documents were given to me saying that I was banned from re entry??

helpplease!
Junior Member
Posts: 66
Joined: Tue Dec 03, 2013 9:08 pm

Re: Am I an Overstayer? Help with voluntary departure.

Post by helpplease! » Tue Sep 08, 2015 3:28 pm

Also I should have said that the only document given to me was by email a few days before my voluntary departure. This was the RED0001 form which purely states what would have happened if I didn't leave the UK as planned. Also I voluntary departed at my own expense.

This document was not dated or signed eventhough on the last page there was a box for date of service and signature, both left plank. I do not know what the real purpose of the document was. Nothing about re entry bans was mentioned in this document. So my issue remains in relation to how I carry out my next visa application, what do I say in relation to my overstay?

I will apply for a spouse visa as I am marrying a British Citizen, and in that application it asks me if I have ever overstayed or been banned or deported etc. Whilst I am certain I have never been deported, I am not sure what to state about my overstay.

helpplease!
Junior Member
Posts: 66
Joined: Tue Dec 03, 2013 9:08 pm

Re: Am I an Overstayer? Help with voluntary departure.

Post by helpplease! » Sun Sep 20, 2015 11:06 pm

Any help would be great guys

Thanks

posibility
Newly Registered
Posts: 4
Joined: Mon Feb 10, 2014 8:21 am

Re: Am I an Overstayer? Help with voluntary departure.

Post by posibility » Wed Sep 23, 2015 3:22 pm

@helpplease!,

Please how did you go about your expired passport?

Did you inform Home Office when you contacted them that your passport has expired in their custody?

I look forward to hearing from you.

Many thanks

Zulf27
Newly Registered
Posts: 12
Joined: Sun Nov 19, 2017 10:06 am
Ghana

Re: Am I an Overstayer? Help with voluntary departure.

Post by Zulf27 » Fri Feb 16, 2018 4:18 am

Am following the trend and I will like to know how your situation turn out about future applications and if you had any re- entry bans ?

vinny
Moderator
Posts: 32757
Joined: Tue Sep 25, 2007 7:58 pm

Re: Am I an Overstayer? Help with voluntary departure.

Post by vinny » Fri Feb 16, 2018 6:03 am

Spouse visa granted.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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