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US citizen refused entry to UK until 2020 for overstaying.

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janeylondon
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Joined: Wed Mar 31, 2010 3:58 pm

US citizen refused entry to UK until 2020 for overstaying.

Post by janeylondon » Wed Mar 31, 2010 4:01 pm

I need help my US boyfriend overstayed on a trip to see me by 12 weeks. When he tried to come back a few months later he was refused entry. We applied for a entry clearance visa and hes just got the answer back. It says that not only have they refused him entry. he should not apply again until 2020. Although we did not disclse the nature of our relationship, I feel that this is so harsh. Hes someone who had never travelled before he came to see me in the UK.

They said that the reasons they had refused him was for his financial situation and the fact that they did not believe that he was coming for what he said he was. I mean hes from Washington DC.....why would he be an illegal immigrant in London? I am also financially secure. What do we do?

Wanderer
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Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Re: US citizen refused entry to UK until 2020 for overstayin

Post by Wanderer » Wed Mar 31, 2010 4:06 pm

janeylondon wrote:I need help my US boyfriend overstayed on a trip to see me by 12 weeks. When he tried to come back a few months later he was refused entry. We applied for a entry clearance visa and hes just got the answer back. It says that not only have they refused him entry. he should not apply again until 2020. Although we did not disclse the nature of our relationship, I feel that this is so harsh. Hes someone who had never travelled before he came to see me in the UK.

They said that the reasons they had refused him was for his financial situation and the fact that they did not believe that he was coming for what he said he was. I mean hes from Washington DC.....why would he be an illegal immigrant in London? I am also financially secure. What do we do?
Not much, he broke immigration law, which is a criminal act. He entered UK on visit visa when he wasn't a genuine visitor. It is a bit harsh but those are the rules...
An chéad stad eile Stáisiún Uí Chonghaile....

mochyn
Diamond Member
Posts: 1038
Joined: Wed Dec 09, 2009 10:02 pm

Re: US citizen refused entry to UK until 2020 for overstayin

Post by mochyn » Wed Mar 31, 2010 4:41 pm

janeylondon wrote:I need help my US boyfriend overstayed on a trip to see me by 12 weeks. When he tried to come back a few months later he was refused entry. We applied for a entry clearance visa and hes just got the answer back. It says that not only have they refused him entry. he should not apply again until 2020. Although we did not disclse the nature of our relationship, I feel that this is so harsh. Hes someone who had never travelled before he came to see me in the UK.

They said that the reasons they had refused him was for his financial situation and the fact that they did not believe that he was coming for what he said he was. I mean hes from Washington DC.....why would he be an illegal immigrant in London? I am also financially secure. What do we do?
So he is from a foreign country and commits a criminal act by overstaying and you are asking why he should be banned?
Are you saying that because he is American he should be treated differently?

gotiya
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Posts: 21
Joined: Tue Mar 18, 2008 11:21 am

Re: US citizen refused entry to UK until 2020 for overstayin

Post by gotiya » Wed Mar 31, 2010 5:14 pm

mochyn wrote:
janeylondon wrote:I need help my US boyfriend overstayed on a trip to see me by 12 weeks. When he tried to come back a few months later he was refused entry. We applied for a entry clearance visa and hes just got the answer back. It says that not only have they refused him entry. he should not apply again until 2020. Although we did not disclse the nature of our relationship, I feel that this is so harsh. Hes someone who had never travelled before he came to see me in the UK.

They said that the reasons they had refused him was for his financial situation and the fact that they did not believe that he was coming for what he said he was. I mean hes from Washington DC.....why would he be an illegal immigrant in London? I am also financially secure. What do we do?
So he is from a foreign country and commits a criminal act by overstaying and you are asking why he should be banned?
Are you saying that because he is American he should be treated differently?
Not "differently" ..... but favourably ... or else how would the confidence in US-UK Special Relationship improve.

mochyn
Diamond Member
Posts: 1038
Joined: Wed Dec 09, 2009 10:02 pm

Re: US citizen refused entry to UK until 2020 for overstayin

Post by mochyn » Wed Mar 31, 2010 5:18 pm

gotiya wrote:
mochyn wrote:
janeylondon wrote:I need help my US boyfriend overstayed on a trip to see me by 12 weeks. When he tried to come back a few months later he was refused entry. We applied for a entry clearance visa and hes just got the answer back. It says that not only have they refused him entry. he should not apply again until 2020. Although we did not disclse the nature of our relationship, I feel that this is so harsh. Hes someone who had never travelled before he came to see me in the UK.

They said that the reasons they had refused him was for his financial situation and the fact that they did not believe that he was coming for what he said he was. I mean hes from Washington DC.....why would he be an illegal immigrant in London? I am also financially secure. What do we do?
So he is from a foreign country and commits a criminal act by overstaying and you are asking why he should be banned?
Are you saying that because he is American he should be treated differently?
Not "differently" ..... but favourably ... or else how would the confidence in US-UK Special Relationship improve.
The relationship is over

We Brits have to sink or swim with the Europeans

janeylondon
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Posts: 4
Joined: Wed Mar 31, 2010 3:58 pm

refused entry

Post by janeylondon » Wed Mar 31, 2010 5:36 pm

I do not think he should be treat favourably. But he left and went on his own accord. He extended his ticket by calling virgin and paying a fee. I mentioned that he was from Washington DC because its similar to London and he wasn't trying to jump ship from DC to become a Londoner. Hes an American and he did not have to apply for a visa in the first place.

I felt that it was harsh because he was not deported or forcefully removed. Ok yes he overstayed but never had intentions of staying here. He always had a return ticket. Because 10 years is the maximum ban...why would they give him that when he went of his own accord. Thats why I feel its harsh.

We are getting married. How will this pan out then. Does thatmean I will be unable to have my husband in my home town? Its a mess and disrespecting the law was never the intention

mochyn
Diamond Member
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Joined: Wed Dec 09, 2009 10:02 pm

Post by mochyn » Wed Mar 31, 2010 5:57 pm

AAH Getting married is the magic word!

Any penalty for overstaying is disregarded when applying for a spousal visa.
So go to the USA get married and then he applies for a spousal visa.
No problem.
seemples

No more ban

PaperPusher
Respected Guru
Posts: 2038
Joined: Sun Apr 22, 2007 5:47 pm
Location: London

Post by PaperPusher » Wed Mar 31, 2010 9:22 pm

10 years is the maximum period for mandatory refusals. If it is an overstay of over 28 days the period is one year.
unless the applicant:

(i) Overstayed for 28 days or less and left the UK voluntarily, not at the expense (directly or indirectly) of the Secretary of State;

(ii) used Deception in an application for entry clearance more than 10 years ago;

(iii) left the UK voluntarily, not at the expense (directly or indirectly) of the Secretary of State, more than 12 months ago;

(iv) left the UK voluntarily, at the expense (directly or indirectly) of the Secretary of State, more than 5 years ago, or

(v) was removed or deported from the UK more than 10 years ago.
http://www.ukba.homeoffice.gov.uk/polic ... les/part9/

Also, it is not a good idea to not tell the truth in an application.

As for people not being illegal immigrants if they are from Washington, your boyfriend has shown that you can be. Breaking the law is breaking the law.

Unfortunately US citizens have a terrible reputation for meeting someone on the internet, packing up their job, coming to the UK, lying about why they are coming and who they are coming to see (saying just a friend when it is a girl/boyfriend), then breaking te law by overstaying in the UK, and then getting terribly offended when they are lumped together with overstayers from India and so on rather than given special treatment for being from a richer country.

I'll be charitable and call it being naive. I'll also tell you something else for free, if your positions were reversed and you had overstayed in the US, the consequences could actually be harsher.

Read the link I gave you and you will see that in spouse applications there is no mandatory refusal for overstaying. That is the good news.

Looks like you will be visiting the US for the time being.

edinburgh
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Joined: Thu May 20, 2010 2:36 pm

Re: US citizen refused entry to UK until 2020 for overstayin

Post by edinburgh » Tue Jun 01, 2010 11:32 pm

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