Less than 28 days overstayer

[SHAZZY]

Hiya,

Have been asked to ask u guys -

If visa ends on end of March but flight out booked for 7days later (due to availbility of flight out) would this reflect on their record and cause problems on visiting the UK in the future. Are all passports now stamped on exit

Thanks

[paulp]

The exit (visa) checks are still random.

[SHAZZY]

Hi,

Does that mean that the grace period of 28 days is ok as long as u are not checked ??

[paulp]

Hi,

Does that mean that the grace period of 28 days is ok as long as u are not checked ??

People used to be given letters mentioning the 28 days, so they could say that's what the letter said or even show it to the HO official. Nowadays, who knows. Maybe we need to someone to be a guinea pig?

[SHAZZY]

Hiya ,

Ok, I have read some of the notes on here re the 28 days and it seems that 28 days are a 'grace period' which wont go on your record as it is excluded as an immigration breach and therefore does not attract any ban from entering the UK - is this correct ?

Also, I accept that the checks are random tho I think they will be increasing - but have also read on this board that it is not practical or in the interests of the immigration guys to arrest your travels out of the country - but would it be in their interests to issue u with some kind of order which would then attract the 1 year ban or even more ?

Someone ??

[paulp]

Hiya ,

Ok, I have read some of the notes on here re the 28 days and it seems that 28 days are a 'grace period' which wont go on your record as it is excluded as an immigration breach and therefore does not attract any ban from entering the UK - is this correct ?

Like I said, the HO used to gived 28 days but we don't know anymore with the current tightening and hard-line stance of the HO.

Also, I accept that the checks are random tho I think they will be increasing - but have also read on this board that it is not practical or in the interests of the immigration guys to arrest your travels out of the country - but would it be in their interests to issue u with some kind of order which would then attract the 1 year ban or even more ?

Someone ??

They do serve IS151 administrative removal on people leaving the country because it costs them nothing. And that will be a flag for future caseworkers that you have been an overstayer.

[SHAZZY]

Hiya Paulp,

What about this

.25. Applicants who have been refused entry clearance after having used deception in their applications will have any future applications they make refused for ten years. Other immigration offenders (other than those who overstayed for 28 or fewer days and left at their own expense) will be refused for the following periods:
One year if, following their breach, they left the UK voluntarily at their own expense;
Five years if, following their breach, they left the UK voluntarily at public expense; and
Ten years if they were removed or deported from the UK following their breach.

Would this not mean that overstaying by 7 days and on your way out- is not a reason to be given a IS151. As it says above, as I read it - that 28days and under does not attract the 1 year ban or any further penalization - its been excluded - maybe a period of grace.

But I spose u just have to take your chances that u are not the 'random check' Really think its a bit unfair if u are then given IS151 just for 7 days and therefore probably lumped with 'other immigration offenders' .

thanks

[paulp]

But I spose u just have to take your chances that u are not the 'random check' Really think its a bit unfair if u are then given IS151 just for 7 days and therefore probably lumped with 'other immigration offenders' .

thanks

That's really the crux of the matter Shazzy. It depends on whether you hit an exit check, whether the HO official decides to give you IS151 and if he does, whether you can talk him out of giving you IS151.

It's encouraging that they say the outright bans are for overstayers of 28 days or more but they don't say what happens to people having less and this is not helped by the removal of 28 days from the refusal letters.

[a12345]

But I spose u just have to take your chances that u are not the 'random check' Really think its a bit unfair if u are then given IS151 just for 7 days and therefore probably lumped with 'other immigration offenders' .

thanks

That's really the crux of the matter Shazzy. It depends on whether you hit an exit check, whether the HO official decides to give you IS151 and if he does, whether you can talk him out of giving you IS151.

It's encouraging that they say the outright bans are for overstayers of 28 days or more but they don't say what happens to people having less and this is not helped by the removal of 28 days from the refusal letters.

i think manchester airport is better than all london airports to leave if you have overstayed

[Administrator]

.

The type of visa you have to be in the UK and how long you have been there & why could all impact your situation.

I had a very similar problem in Latvia. I had overstayed by three days when I found out (long story .. bad advice from Immigration). I told them I very much wished to leave and remain legal but that I needed a few days, and would they agree to extend my permission by a few days.

They were quite happy & helpful to do so.

If you visit immigration with your flight and reasonable proof that you could not get an earlier one, and you can show that you want to be legal and that you are trying to be legal & that you are leaving of your own accord and your own expense, they are very likely to be quite reasonable.

In that case, you should request that a stamp be placed in your passport that gives you permission to leave without penalty by midnight of the day of your flight.

All this assumes that your record is otherwise spotless.

I did that very thing. Back in 2004, that stamp allowed me to leave the country without any hassle at all from the border control, and I was able to come back in six weeks later when I got all other things cleaned up & lined up.

the Admin

[Mr Rusty]

.


If you visit immigration with your flight and reasonable proof that you could not get an earlier one, and you can show that you want to be legal and that you are trying to be legal & that you are leaving of your own accord and your own expense, they are very likely to be quite reasonable.

In that case, you should request that a stamp be placed in your passport that gives you permission to leave without penalty by midnight of the day of your flight.

All this assumes that your record is otherwise spotless.

I did that very thing. Back in 2004, that stamp allowed me to leave the country without any hassle at all from the border control, and I was able to come back in six weeks later when I got all other things cleaned up & lined up.

the Admin

Er, visit immigration office where exactly? What happened in 2004 has little bearing on what happens now, as 3 years ago the Immigration Service was ripped apart and subsumed into differing "Directorates" within BIA, and such flexibility and local discretion that you enjoyed no longer exist.
If the OP approaches the airport from which he is leaving and asks for such a stamp, they'll say no because they don't grant "leave to enter" to those who are already here, and they can't grant "leave to remain". He'll get the same answer from any other port of entry, and local Enforcement offices won't give him the time of day.
The only way to get an extension is to apply for one in the normal way, but without doing it in person and shelling out the horrendous fee, it's unlikely to be processed in time, and isn't worth it.

My advice is, if you can't get wait-listed for an earlier flight, is just to leave as planned and be prepared to argue the toss if they try to serve papers on you. There are appeal rights against service of IS151A (albeit from abroad) and if they fail to notify you of these, or give you an appeal form you could subsequently argue that service was defective and should not affect a further application.

[IMMIGRATION LAWYER]

Why not to stay legal and extend a visa for a few days (FLRO) has never been abolished.

Although you case could be outside the rules, it still could be considered on its merits...at the cost of extension, though.

[a12345]

Why not to stay legal and extend a visa for a few days (FLRO) has never been abolished.

Although you case could be outside the rules, it still could be considered on its merits...at the cost of extension, though.

is it possible to extend it ??????? my flr has been refused and i am an overstayer too and thinking about leaving soon........