Immediate Advice Needed

[aaa123]

Hello,

My friend overstayed in the UK for 6 weeks that (42 days) and now she would like to go back to apply for HSMP under new tier 1.

She has booked a ticket and intends to leave this week, but she is so scared as immigration controller might catch her and

STAMP HER PASSPORT.

Could you please advice her on that.

Thanks and Regards

[Wanderer]

Leave via a smaller airport like Brum or Newcastle.

[aaa123]

Leave via a smaller airport like Brum or Newcastle.

What about Gatwick or Manchester..........the thing is she is having her tickets bought by her and she is leaving on her own will

also she just over stayed for two weeks (on top of 28 days)..

thanks

[dnicky]

An overstayer is an overstayer no matter how long one has been overstaying. Even overstaying by a day is breach of immigration rules in the eyes of BIA.
As Wanderrer suggested it is advisable to leave the country using smaller airports and hope for the best.

[Wanderer]

Gatwick seems to have a lot of checks from what I've heard.

Dunno about Manchester - I'll ask the gf - she flies through there a lot on her Russian passport - one of the most likely to be checked!

[aaa123]

Gatwick seems to have a lot of checks from what I've heard.

Dunno about Manchester - I'll ask the gf - she flies through there a lot on her Russian passport - one of the most likely to be checked!

thanks and I am waiting for the reply !!!!

[dboone]

It's worth pointing out that the destination of the flight she's on will probably influence the liklihood of checks at least as much as the airport of choice. I've flown to the US at least a dozen times from Heathrow and Gatwick and never been checked, and only checked once on flights to France and Germany; it's very likely because almost all the passengers on these flights are short-term tourists (especially from the US) and it would be a waste of time to check the vast majority of them.

Checks on flights to destinations that people are less likely to be touring from (Eastern Europe, Russia, India, etc) on the other hand I've found to be quite common. More people from those countries seem to be on business or visiting family, i.e. have specific ties to the UK, rather than just coming for a week or two to see the sights.

[aaa123]

It's worth pointing out that the destination of the flight she's on will probably influence the liklihood of checks at least as much as the airport of choice. I've flown to the US at least a dozen times from Heathrow and Gatwick and never been checked, and only checked once on flights to France and Germany; it's very likely because almost all the passengers on these flights are short-term tourists (especially from the US) and it would be a waste of time to check the vast majority of them.

Checks on flights to destinations that people are less likely to be touring from (Eastern Europe, Russia, India, etc) on the other hand I've found to be quite common. More people from those countries seem to be on business or visiting family, i.e. have specific ties to the UK, rather than just coming for a week or two to see the sights.

I mean the thing is; the lette she received was about refusal to FLR and in the letter she was directed
> > to present any reason she wants to present if she wants to extend her stay.
>> to leave as soon as possible, voluntarily other wise she would be removed to her country.
heading of the decision stated :ONE STOP WARING DECISION and no mention of 28 days leave period

I mean she was not expecting the refusal decision and once she got it she consulted people about different choices available also wraping up stuff and sorting it out takes time......so i think that 6 weeks is logical time specially when a week is of 5 days....

What do you say.............thanks for the replies in advance.....

[paulp]

I mean the thing is; the lette she received was about refusal to FLR and in the letter she was directed
> > to present any reason she wants to present if she wants to extend her stay.
>> to leave as soon as possible, voluntarily other wise she would be removed to her country.
heading of the decision stated :ONE STOP WARING DECISION and no mention of 28 days leave period

I mean she was not expecting the refusal decision and once she got it she consulted people about different choices available also wraping up stuff and sorting it out takes time......so i think that 6 weeks is logical time specially when a week is of 5 days....

What do you say.............thanks for the replies in advance.....

If she gets caught, she can always plead with the HO official. However, trying to justify with "logical time" probably will not work.

[aaa123]

I mean the thing is; the lette she received was about refusal to FLR and in the letter she was directed
> > to present any reason she wants to present if she wants to extend her stay.
>> to leave as soon as possible, voluntarily other wise she would be removed to her country.
heading of the decision stated :ONE STOP WARING DECISION and no mention of 28 days leave period

I mean she was not expecting the refusal decision and once she got it she consulted people about different choices available also wraping up stuff and sorting it out takes time......so i think that 6 weeks is logical time specially when a week is of 5 days....

What do you say.............thanks for the replies in advance.....

If she gets caught, she can always plead with the HO official. However, trying to justify with "logical time" probably will not work.

How can they expect someone to wind up all their stuff so quickly!!!!!! Does immigration control check people on their exit...do they do it ....

[paulp]

How can they expect someone to wind up all their stuff so quickly!!!!!! Does immigration control check people on their exit...do they do it ....

It is difficult but the rules are the rules and she probably won't get any sympathy if she just says that she wasn't given enough days.

There are now random exit checks at Heathrow, Gatwick and maybe other airports. At Heathrow, they have their desks just after the security checks, in case you're wondering what the empty desks are for if they are not manned.

Exit checks are supposed to be fully reinstated by the end of the year.

[thirdwave]

Would her passport be stamped on return to her country of origin? If so, the ECO might be able to work out from the stamps that she had overstayed..

[Nowty]

Me and my Brazilian girlfriend flew to France from Bournemouth last month and you cant get a much smaller airport than that. And we got more exit questions and checks on the way out than we have ever had coming into the UK. Because it was not busy they had plenty of time to go overboard on the checks. So dont bank on there being no checks from a smaller airport.

[touchsensor]

Just to understand the whole story, why was her FLR refused?

P

[aaa123]

Just to understand the whole story, why was her FLR refused?

P

Following are notes on her FLR refusal letter and advice me/her that if she could make an appeal:

Her letter states like following:

One-Stop Warning - Reasons

>> You must inform us of any reasons why you think you should be allowed to stay in this country. This includes why you wish to saty here, and any grounds why you should not be removed or required to leave.
>> You do not have to repeat any reasons you have already given us but if you do have any more reasons you must now disclose them.
>> If you later apply to stay here for a reason which you could have given us now, you may not be able to appeal if the application is refused.
>> If, at a later date, the reasons why you think you should be allowed to stay in this country change, or new reasons arise, you must tell us as soon as possible.
>> If you later apply to stay here for a reason which you could have raised earlier, you may not be able to appeal if the application is refused.
>>This ongoing requirement to state your reasons is made under section 120 of the Nationality, Immigration and Asylum Act 2002.

Aferwards it states....

Removal from UK

You no longer have any right to stay in the UK and unless you inform use now of any reasons why you think you should be allowed to saty in this country as indicated above, you must leave as soon as possible. If you do not leave the UK voluntarily, you will be removed to (name of the parent country).

Help and immgration advice on returning home can be obtained from the Immigration Service 0870 606 7766 between the hours of 9am and 5pm Monday to Friday.

This FLR refusal she got when second review of her work permit refused on the basis of being outside 28 days.

Do you she has a chance to appeal and while doing that, was is possible to present the reason (with support of her employer) that:

She would like to stay and wait for her new application's result (that is being made be OISC consultants) and would return home with the application so that she avoids the stress of waiting for the WP.Please comment on that and they would be appreciated..........thanks

Please advice us what can be done to bring the situation on happy stand.
Thanks

[SYH]

Me and my Brazilian girlfriend flew to France from Bournemouth last month and you cant get a much smaller airport than that. And we got more exit questions and checks on the way out than we have ever had coming into the UK. Because it was not busy they had plenty of time to go overboard on the checks. So dont bank on there being no checks from a smaller airport.

Bournemouth is a bad example as that tends to be a tester airport for programmes such as taking photos of you upon exit.

[VictoriaS]

I am now having the same conversation on two different forums and it is getting confusion!


Victoria

[aaa123]

I am now having the same conversation on two different forums and it is getting confusion!


Victoria

Yeap Victoria, its the same one....I need more and more guidance ...thanks for appreciating