uk workpermit over stayed

[vasu]

Hi ,Kayalami,
I am an indian national worked in UK for 3 years on a Uk workpermit,
my visa expired on feb 2005, and from that date i have over stayed for almost 8 months in UK,after overstaying in UK i decided to come back to india and While coming back to my home country,the authorities of Home Office in UK caught me at the airport and asked me why i have overstayed for 8 months, i could not give them any reply so they have written on my passport as
LHR EMBARKED ON 12TH OCOTOBER 2005, AT TERMINAL 3.

the above statement have been written on my visa of the passport.
they never put any stamp as deported on my passport.

the home office official came to me and said that i can never come to UK in my life as i have breached the rules of immigration, and one of the officer accopained me to the flight.
i came back to india and on the same day i lost my passport from the way of airport to my home.
i have given a police complaint and have applied for a newpassport in india and have got a new passport with the old passport number on it
my questions are
can i apply for any visa like student or workpermit or HSMP and come back to UK .?
if i can apply what are the chances of getting a visa in india?
does the home office and the immigration officials in UK hold my information that i have breached the rules of immigration ?
please give me an early reply as i am desparate to come back to UK

[lemess]

Hi ,Kayalami,
I am an indian national worked in UK for 3 years on a Uk workpermit,
my visa expired on feb 2005, and from that date i have over stayed for almost 8 months in UK,after overstaying in UK i decided to come back to india and While coming back to my home country,the authorities of Home Office in UK caught me at the airport and asked me why i have overstayed for 8 months, i could not give them any reply so they have written on my passport as
LHR EMBARKED ON 12TH OCOTOBER 2005, AT TERMINAL 3.

the above statement have been written on my visa of the passport.
they never put any stamp as deported on my passport.

the home office official came to me and said that i can never come to UK in my life as i have breached the rules of immigration, and one of the officer accopained me to the flight.
i came back to india and on the same day i lost my passport from the way of airport to my home.
i have given a police complaint and have applied for a newpassport in india and have got a new passport with the old passport number on it
my questions are
can i apply for any visa like student or workpermit or HSMP and come back to UK .?
if i can apply what are the chances of getting a visa in india?
does the home office and the immigration officials in UK hold my information that i have breached the rules of immigration ?
please give me an early reply as i am desparate to come back to UK

This is probably not what you want to hear but I think you don't have much of a case for being readmitted to the UK - having overstayed for a significant period without any reason. Any entry clearance application form will ask you about previous visits to the UK and you would have to lie on that form to pretend you have not visited in the past. Also, the home office will certainly have a record of you by name and nationality as an overstayer and even if you managed to get through the entry clearance system in India - you're almost certain to be stopped at the airport and denied entry. I'm afraid overstaying is generally a very bad idea and you have overstayed for a very long period without any defendable reason.

[bbdivo]

Are they still cheking passports on departure? I thought that was just happening because of the attacks in July and they had now stopped? Where do they do the checking? Reason i ask is I recently flew out to Jersey (granted its considered an internal flight but you have to go through international departures at Gatwick) and I didnt notice any additional controls, unless its being done as you board the plane?

[Joseph]

vasu
Sorry to say this, but I agree with lemess. It's hard to imagine that IND did not keep a record of your departure and overstaying. I'm sure they informed Workpermits UK as well. You weren't formally deported (because you were leaving anyway) but in effect you were treated as if you were deported, with an immigration officer accompanying you to the plane.

Since you are a visa national and require a visa for any travel to the UK, it is likely that any application you make will be rejected.

For all of us, this serves as a warning against overstaying (even inadvertently). It now indicates that departure controls are starting to be reinstated, at least in selected areas like terminal 3. The purpose is not just to catch escaping terrorists, but to inforce immigration controls. This is consistent with policy documents released by the Home Office.

Joseph

[Kayalami]

Vasu,

1. Overstaying details will form part of your immigration history and as such will be considered in all future UK visa applications. You have not been deported nor removed but you have breached your conditions of stay.

2. IMHO you should not have any issues returning to the UK in a category leading to settlement (CLS) e.g. work permit , HSMP or marriage to a settled spouse since for this there is no question about returnability. This is pursuant to there being no issues around criminality.

3. IMHO you will not be able to return to the UK in a non CLS e.g. visitor, student until you have established substantive socio-economic ties to India. Such by default is likely to take several years.

Good luck