Overstay by 5 days - go to Ireland?

eliha78 · Post by **eliha78** » Fri Sep 30, 2005 10:29 am

Hi all,

My South African boyfriend is in the UK on a WHV and it expires next month. We are due to leave the country 5 days after the visa expires, i.e. he will overstay. We didn't realize the consequenses of this until now, and we desperately want to avoid any problems as we will probably apply for a EEA family permit at a later stage. I'm from Norway and we will also apply for a residence permit there after we get married. Now I'm worried that those 5 days could put a stop to all out future visa plans.

So my question is: How can we avoid this? Buying a new plane ticket is an option, but it would be inconvenient and expensive. As far as I see it we have two other alternatives:
1) Go to the Home office in Croydon and apply for a visitor visa for the remaining 5 days after his visa expires. This costs 500 pounds.
2) Go to Ireland for the day and hopefully get a visitor's visa on his return to the UK.

What is the best way to resolve this? Ireland is obviously cheaper, but my main concern is to resolve this and we will chose the option with the highest likelihood of success. Do you think he will encounter problems upon his return to the UK from Ireland? And do you foresee any problems with an application to the Home office?

Any input will be appreciated! Thanks!

Chess · Post by **Chess** » Fri Sep 30, 2005 10:56 am

applying for a visitors visa from Ireland will fail as your boyfriend is not legally a long term resident in Eire; also why would they grant him a visitors Visa when he has already had 2 years stay in the UK "visiting"?

he will be unable to get a Visa from Eire...

even if you applked at HO for a 5 day extension that will create unnecessary problems..

...best to head back to SA

antontony · Post by **antontony** » Fri Sep 30, 2005 11:03 am

Your partner can apply for Further Leave to Remain on the FLR(O) form for a visitors visa, up to 6 months.

He has the statutory right for that under HC 395.

That will give him the chance to stay in the for longer to cover the period you need.

I hope it helps.

Thanks,

Anton

Chess · Post by **Chess** » Fri Sep 30, 2005 11:23 am

antontony wrote:Your partner can apply for Further Leave to Remain on the FLR(O) form for a visitors visa, up to 6 months.

He has the statutory right for that under HC 395.

That will give him the chance to stay in the for longer to cover the period you need.

I hope it helps.

Thanks,

Anton

Anton.

I am afraid you information is incorrect, a WHM visa cannot be extended further on Visitors Status.

A WHM visa is ineffect a glorified Visitors Visa (with working being incidental to a holiday)

Please stop misleading members

Post by **John** » Fri Sep 30, 2005 11:29 am

The obvious question is why have you and your fiancé created these problems for yourself? Booking a flight to Ireland five days after the visa expires! Flights to Ireland ... expensive? Surely not .... given the number of no-frills Stupid operating between the UK and Ireland.

Would a better plan to fly to Norway and then the two of you get married? And then sort out the EEA Family Permit.

eliha78 · Post by **eliha78** » Fri Sep 30, 2005 11:35 am

That's not quite the case - we have not booked any flights to Ireland, but to South Africa. As for why we booked the flights 5 days too late, it was simply a mistake on our part. We can't go to Norway as my boyfriend won't be allowed entry, so we're going to Cape Town to get married there.

I know we made a mistake and we're going to have to pay for it now by buying a new flight to Cape Town for 900 pounds. It's our own fault, but at least we will be able to apply for visas in the UK and Norway later.

Thanks for everyone's help!

Chess · Post by **Chess** » Fri Sep 30, 2005 11:46 am

eliha78 wrote:

Thanks for everyone's help!

You are welcome - make sure you get us some Castle lager from SA

eliha78 · Post by **eliha78** » Fri Sep 30, 2005 11:47 am

Will do!

eliha78 · Post by **eliha78** » Fri Sep 30, 2005 12:12 pm

I have one more question. Is it ok for him to leave on the expiry date stated on his visa or does he have to leave the day before?

Don't want to get it wrong again...

Thanks!

Chess · Post by **Chess** » Fri Sep 30, 2005 12:14 pm

he can leave on the expiry date - no problem

Kayalami · Post by **Kayalami** » Fri Sep 30, 2005 12:26 pm

1. South African nationals are exempt from the need to obtain a visa for entry into Ireland as a visitor so such should not present a problem.

2. Issue as others have pointed out is re-entry into the UK from Ireland. Given that South African nationals are likewise visa exempt for entry into the UK as visitors then he can chance a return to the UK. The Immigration Officer at the relevant UK Port of Entry may admit him as a visitor but it is also possible that he may be refused entry.

3. IMHO presenting definitive proof of travel to RSA, appropriate funding and if accompanied by you then the IO will land him but perhaps give him a two week period to sort out his affairs.

4. Overall I don't see a 5 day overstay presenting a problem subject to the EEA route materialising - such saves you the hassle of travel to Ireland and extra costs.

5. Naturally if funding is not an issue and if ultimate peace of mind is what you want stick to the new ticket and revised departure date which is within the validity of his WHV.

eliha78 · Post by **eliha78** » Fri Sep 30, 2005 12:44 pm

Thanks Kayalami!

That sums it up nicely. I think peace of mind is most important to us, and although we have to dig into our savings I see it as an investment into our future and not to mention my mental health

You have all made this much easier for us! Thanks again!

Vayu · Post by **Vayu** » Fri Sep 30, 2005 10:02 pm

For what it is worth, as an Australian with many friends on WHV, none of them have had problems returning to the UK soon after their visas end.

Many wrap up their jobs here, hit either Europe or Ireland for a bit of backpacking, and then come back to the UK to both a)pack up their lives and b) fly out of London as that is the place they have booked their tickets out of.

On re-entering the country, they are asked why they are coming back given their WHV is recently expired, and the reasons I have given above have always sufficed and they are granted 6 month entry on the spot.

If your motives are purely non-work related, and you have proof that you are actually leaving the country (which you do) I don't see why a short hop over to Ireland and back for a romantic weekend will hurt.

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Overstay by 5 days - go to Ireland?

Overstay by 5 days - go to Ireland?