overstaying and sponsoring

[atom267]

Hello,
My friend's visa expired in november last year. (she had a 2 years visa) i wrote a letter saying that i sponsored her for her stay in the uk (be responsible financially ...), i also gave my bank details as proof of finances and address. She sent all that in august with her bank details in order to apply for a student visa.
They only replied this week, saying that they refused to renew her visa, and as whe was overstaying in the uk, they froze her bank account, and asked her to leave the country asap.
I have a few questions here: is there any way she can get that money back? Is that normal procedure? Is it likely that immigration people contact me? (as she was staying illegally and I said i'd support her during her stay); if so, do I risk anything myself?
Thanks, Thomas

[John]

Something not quite right here. She had a visa expiring in November ... what sort of visa was that, by the way? ... she applied for another expiry before the previous one expired .... and now the application has been rejected.

So at this moment she is not an overstayer! Because of Section 3C she is allowed to stay in the country until the application is dealt with and if rejected then until the time limit for appealing against that has been reached.

So if she is not (yet) an overstayer, why would her bank account get frozen?

I can only think it is something to do with the previous visa, so please do post about what type of visa that is.

[atom267]

Hi John,
Thanks for your reply, she had a 2 years working visa expiring in november 2005, she's from Namibia.
All i am telling you here is what she told me, I did not read the letter myself.
She applied for a new visa, as her working visa expired.
I said i would sponsor her for this visa. She applied in the end of august 2005 and this got rejected a few days ago (january 2006).
Apparently they say in this letter that she has to leave shortly, and froze her bank account.
Does that clarify the situation?

Thanks, Thomas

[John]

froze her bank account

This is the part that I am struggling to understand!

Thomas, what do the two of you plan to do next? Is marriage part of the plan?

[atom267]

Thanks John!

We do not plan anything as we're not together anymore .We've sort of lost contact. She only contacted me recently to explain me all of that (refusal for new visa, the frozen bank account, and notice to leave asap)

Ill have to ask her for more details if i can.

According to you, they should not have frozen her bank account then? Is that not something common?

I really dont have a clue and i just want to make sure I'm not gonna be in any trouble at all, because i said i would support her for her stay in her application, and that failed.

Hope that helps,

Thanks, Thomas

[atom267]

Ps: I read the Section 3C you're mentionning, and I remember that she mentionned something about 10 days, so she's probably ok to stay until this period has expired, but in this case, they should not have frozen her bank account, should they?

Thomas

[John]

Thomas, not suggesting for one moment that you are withholding information here, but I suspect that there is more information that you simply have not been told.

If IND really do want here to leave the country then freezing her bank account is not exactly going to assist in that process, is it!

Has she simply run out of money and the bank has therefore effectively frozen the account .... no money in it ... no ability to withdraw?

I do not profess to understand what is happening here.

[atom267]

Hi John,
I also believe i have not been told everything here, or I simply misunderstood.
I'll try to get more information.
I totally agree with you that it's not going to help at all.
According to what I've been said (or understood), there is still money in it.
So I really dont know.

Thanks for your help

Thomas