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overstayed in the UK

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slim SA
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Joined: Fri Aug 01, 2008 9:09 am

overstayed in the UK

Post by slim SA » Fri Aug 01, 2008 9:30 am

Hi i came to the UK in june 2005 on a 2yr working holiday which expired in june 2007.However,months before my visa expired,i enrolled into college as i had worked and saved enough to study.I did all the applications with a college in Dalston london and gave them all my documents,including my passport.

My application was never submitted to the home office,until october 2007 at which time my working holiday visa had expired.My application was denied on grounds of late submission.My passport was held by the border and immigration agency.I contacted the home office about my case and was refered to the immigration agency.It took months to get an interview with them and when that finally happened,i was temporalily admitted into the country on condition that i report to them every week.i did so religiously and finally in april 2008 i bought my ticket back to SA.

Nothing was ever stamped on my passport to say i could not re enter the UK for any reason.My question is,i left my girlfriend back in the UK and i am dying to see her again as we have been apart for months.Am i intitled to apply for entry clearance as a tourist?Being away from the one you love is never easy....please help me find the answer that i so desprately need..

Mr Rusty
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Posts: 1041
Joined: Fri Nov 09, 2007 1:09 pm

Post by Mr Rusty » Fri Aug 01, 2008 10:59 am

If you were put on reporting restrictions you must have been served with a notice (IS151a) as an offender.
However, you say that you left the UK voluntarily at your own expense, and did so in between 17th March and 1st October this year. Therefore you should benefit from the concession currently in force, under which people in your situation are not automatically disbarred from seeking entry or entry clearance to the UK.
If you are South African, I don't think you need a visa just to visit the UK. However, as a previous offender it might be in your interest to apply for a visit visa as if you are issued with one you are virtually assured of entry on arrival in the UK.
The ECO (or IO if you seek entry without visa on arrival) will want very clear proof that you now have an established life in your own country and intend to go back there at the end of your visit. Just because you're not disbarred from applying doesn't mean that you will be granted entry.

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