Entry to UK - EU overstayer

I've overstayed in Spain for the past 17 months. I am wanting to visit England for 6 months.

I am a non-visa national (Australian), so for all intents and purposes I don't need a visa to enter the UK for 6 months or less. However, I don't know how overstaying in the EU will affect my entry. I will be entering the company of a British citizen, I have somewhere to stay, adequate funds, no intent to work, and a ticket to Australia.

Would it be possible for me to enter the UK, or will overstaying in Spain lead to entry refusal?

Please point me in the right direction regarding EU immigration rules on this one as I having trouble finding it.

Thank you

Your disregard for the immigration laws of another country (it doesn't matter whether it's EU or not) could be held aginst you and used as a reason to refuse entry you as a visitor.

Yes, I appreciate that. Are you able to point me to where that is stated in the Rules?

Cheers.

wet26 wrote:Yes, I appreciate that. Are you able to point me to where that is stated in the Rules?

Cheers.

I think the Immigration officer needs to be satisfied that you intend to leave the UK within the 6months or whatever time you get leave to enter for. Having a record of overstaying might be enough to satisfy them that you do not intend to stay within the timelines and hence you may be denied. On the other side you can still have a record of overstaying and still be allowed to enter but its probably more likely to be the former

I entered the UK on a WHM visa in apr 2005 and left in aug 2006. I then returned to Australia and entered UK as a visitor in Aug 07, Dec 07 and Feb 08, staying for a week each time. In Feb 08 I was given 1 month leave to remain as I had been in the EU for 6 months already. I felt lucky to get in the last time, and she stressed she was allowing me entry because I was in the company of a British male and I have complied with the leaves of entry in the past.

Perhaps because I have always left the UK when I said I would that may go in my favour some way. I will also have a ticket to Australia when I try to enter the UK. I guess it will just depend on the IO.

I know I've done the wrong thing by staying in Spain for so long, but I don't work, not on benefits, don't use the health service, rarely take public transport etc. All I seem to do is spend money.

based on what you are saying now then you might be in a spot of bother. I mean the fact that you were before given only 1 month (as opposed to 6) might raise a few eyebrows and also fact that you have not returned home since could really spell trouble. At the end of the day it all depends on the the IO at the port of entry and responses to the questions they ask you.

Yep f2k is correct, if have one of those limited time period visitor visa stamps (as ooposed to the 6 month one) you will definitely get asked more than the usual amount of questions on arrival. I had one and the immigration officer who gave it told me exactly that, sure enough next time I came through I got a load of questions and another even more limiting stamp.

You really need to have everything in order, onward ticket as you have stated etc. However having spent so long in the EU could easily cause problems.

Bin the old passport and apply for a new passport at the Aussie embassy in Spain before you reach the UK or it would be a wasted journey.

You have overstayed in Spain by 14 months and now wish to spend the maximum time allowable to a visitor in the UK after having been given limited leave to enter on your last entry to the UK.

Sorry, you sound like a straight up refusal case to me.

I think the only thing that would save you is if you have a cast iron incentive to return to AUS.

First-Class Moron wrote:Bin the old passport and apply for a new passport at the Aussie embassy in Spain before you reach the UK or it would be a wasted journey.

Not very sensible advice. A new passport itself may invite questions and any attempt at deception can result in refusal and a ten year ban.

wet26 wrote:I've overstayed in Spain for the past 17 months. I am wanting to visit England for 6 months.

I am a non-visa national (Australian), so for all intents and purposes I don't need a visa to enter the UK for 6 months or less. However, I don't know how overstaying in the EU will affect my entry. I will be entering the company of a British citizen, I have somewhere to stay, adequate funds, no intent to work, and a ticket to Australia.

Would it be possible for me to enter the UK, or will overstaying in Spain lead to entry refusal?

Please point me in the right direction regarding EU immigration rules on this one as I having trouble finding it.

Thank you

what exactly have you been doing all this time in europe and uk. your visits are more than visits, you have clearly developed a relationship with the company of a british citizen. why doesnt he sponsor you properly or why dont you get some other kind of a visa other than visitor, it has gone beyond visiting and the io has already called you on it

When I first arrived in Aug 2007 I did some travelling around, ended up staying in Spain, went to Spanish class. I told the IO when I entered in Feb 08 this. Then a year ago I moved house, got a dog, started studying with an Australian uni by distance. I can't apply for a settlement visa outside of Australia. Returning to Australia to apply for a visa to England is a pointless exercise, because I only want to enter England so we can leave for Australia together in 6 months time. We decided a long time ago that my partner would emigrate to Oz and we would have left straight from Spain but my partner has been called back to England to work on short notice.

wet26 wrote:When I first arrived in Aug 2007 I did some travelling around, ended up staying in Spain, went to Spanish class. I told the IO when I entered in Feb 08 this. Then a year ago I moved house, got a dog, started studying with an Australian uni by distance. I can't apply for a settlement visa outside of Australia. Returning to Australia to apply for a visa to England is a pointless exercise, because I only want to enter England so we can leave for Australia together in 6 months time. We decided a long time ago that my partner would emigrate to Oz and we would have left straight from Spain but my partner has been called back to England to work on short notice.

Then it seems to me that when you try to enter this time that you have a verifiable ticket to leave and leave with your partner and proof that you both will be staying in australia to back up your story.

I'm going to have my ticket to Australia, he doesn't need one yet because his entry to the UK is not in question. We will also have his completed application for an Australian spouse visa which we intend to lodge in the UK. We will also be entering with our dog who we intend to take to Australia too and I'll have the forms for that. We have a letter from his mum that we can stay with her and we have a mortgage statement and 3 other documents confirming she owns and lives in the house. We have mine and my partners bank statements and his employment details to confirm sufficient funds. I have letters from my uni and all my family is in Australia so hopefully that will evidence strong enough ties with Australia.

Hopefully the IO is having a good day when we arrive. I expect to be detained and questioned, but I am telling the truth, and were it not for the overstay in Spain I would be entitled to enter the uk, so I'll just keep my fingers crossed.

wet26 wrote:I'm going to have my ticket to Australia, he doesn't need one yet because his entry to the UK is not in question. We will also have his completed application for an Australian spouse visa which we intend to lodge in the UK. We will also be entering with our dog who we intend to take to Australia too and I'll have the forms for that. We have a letter from his mum that we can stay with her and we have a mortgage statement and 3 other documents confirming she owns and lives in the house. We have mine and my partners bank statements and his employment details to confirm sufficient funds. I have letters from my uni and all my family is in Australia so hopefully that will evidence strong enough ties with Australia.

Hopefully the IO is having a good day when we arrive. I expect to be detained and questioned, but I am telling the truth, and were it not for the overstay in Spain I would be entitled to enter the uk, so I'll just keep my fingers crossed.

NO, you have missed the point and now have started this fairytale story and forgotten the problem. The reason I said he should have a ticket because it would back up your story that you are leaving and have a reason to leave. However if you have an approved visa application, then showing his ticket isn't as important. However an application doesn't prove anything or is a bit flimsy and doesn't sound like the other stuff helps. His bank statments are irrelevant, the problem is you coming to the UK without a partner visa. His mom is for the UK, not Australia and that is a big so what. You have been in and out of the UK as a visitor and returning as such when you clearly have a relationship going. The only reason to let you in is because you are building a life with this guy and leaving after you are tying up some of his affairs but if you don't show that with his plane ticket to australia or visa approval, then you very well just pushing the tolerance of the UK border system and they might decide to put you in holding instead of being accommodating.

Thanks for the reality check. I'm in a panic and really upset at the thought of being split up so I'm not thinking clearly at the moment. We will book a ticket for him too for the same flight as mine. I thought his bank statements would be important as he may be asked to provide a letter of sponsorship in order to prove that I can be financially supported for my duration in the UK.

wet26 wrote:Thanks for the reality check. I'm in a panic and really upset at the thought of being split up so I'm not thinking clearly at the moment. We will book a ticket for him too for the same flight as mine. I thought his bank statements would be important as he may be asked to provide a letter of sponsorship in order to prove that I can be financially supported for my duration in the UK.

The bank statement helps but your transit activity is a big question mark as you have been flirting with the system too long without getting a serious visa, I could understand if the IO looks over the situation and gets fed up.

Well, I can only try and serve myself right if I don't get in. Our intention was always to go straight from Spain to Australia, so I gave little thought to what may happen if I wanted to return to England from Spain. I haven't got my hopes up, quite the opposite, I've done the wrong thing and it's going to bite me on the bum. I just want to be as prepared as possible at the border in an attempt to mitigate. Thank you for taking the time to respond.

wet26 wrote:Well, I can only try and serve myself right if I don't get in. Our intention was always to go straight from Spain to Australia, so I gave little thought to what may happen if I wanted to return to England from Spain. I haven't got my hopes up, quite the opposite, I've done the wrong thing and it's going to bite me on the bum. I just want to be as prepared as possible at the border in an attempt to mitigate. Thank you for taking the time to respond.

That's cool. Just trying to show the IO perspective and how he might evaluate the situation. You very well could get a guy who couldn't be bothered and more concerned with foreignors from a different country but you already stated you are on their radar based on the reduction of the time limit on the last visit so there you go.

UKBAbble wrote:

First-Class Moron wrote:Bin the old passport and apply for a new passport at the Aussie embassy in Spain before you reach the UK or it would be a wasted journey.

Not very sensible advice. A new passport itself may invite questions and any attempt at deception can result in refusal and a ten year ban.

might not sound sensible but to be quite honest thats the only chance of entry, reporting the passport as stolen getting a new one is his/her only hope anything short of that aint going to work because the border agency are not going to entertain any documents or explanation.

First-Class Moron wrote:

UKBAbble wrote:

First-Class Moron wrote:Bin the old passport and apply for a new passport at the Aussie embassy in Spain before you reach the UK or it would be a wasted journey.

Not very sensible advice. A new passport itself may invite questions and any attempt at deception can result in refusal and a ten year ban.

might not sound sensible but to be quite honest thats the only chance of entry, reporting the passport as stolen getting a new one is his/her only hope anything short of that aint going to work because the border agency are not going to entertain any documents or explanation.

That's not true - but I do admit it's going to be down to the IO and CIO on the day.

First-Class Moron wrote:

UKBAbble wrote:

First-Class Moron wrote:Bin the old passport and apply for a new passport at the Aussie embassy in Spain before you reach the UK or it would be a wasted journey.

Not very sensible advice. A new passport itself may invite questions and any attempt at deception can result in refusal and a ten year ban.

might not sound sensible but to be quite honest thats the only chance of entry, reporting the passport as stolen getting a new one is his/her only hope anything short of that aint going to work because the border agency are not going to entertain any documents or explanation.

I think you're wrong too First-Class Moron. Everything is computerised in the UK these days. In Feb 08 the IO took my passport away and checked on me in the database. A different passport number doesn't change my identity or immigration history. I would rather have my current passport, endorsed with visas and many entrance stamps from all over the world, because at least it shows that I have not overstayed anywhere else.

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johnsienk wrote:>>Bin the old passport and apply for a new passport at the Aussie
>>embassy in Spain before you reach the UK or it would be a wasted
>>journey.

Although not part of Schengen, UK has access to SIS1 thus changing passports may not necesserily work.

Are you sure UK has access to SIS1?????

UK & Ireland have never been part of the Schengen territory, neither do they recognize the Schengen visas! For what purpose you think they should be given access to SIS1? What they have access to is the EURODAC just like all other EU member states.