ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Overstay Visa

General UK immigration & work permits; don't post job search or family related topics!

Please use this section of the board if there is no specific section for your query.

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

Locked
titi
Newbie
Posts: 34
Joined: Fri Jun 11, 2010 5:05 pm
Location: malawi

Overstay Visa

Post by titi » Sun Oct 10, 2010 9:40 pm

Hie. I need advise. I went to UK in Sept 2001 on a six months visa. While ther I enrolled to a college which turned to be bogus. By the time I was accepted for nursing in 200r feb they still had my pp which had been refused student visa. I managed to get the pp and took it to a solicitor who did student application for me. Up to the time I finishe nursing HO did not respond and I had to involve my Mp. In March 2006 they refused it after I had finished uni. I opted to claim asylum which was refused. In Dec I voluntarily returned home withassist from IOM. Wn 200z7 Jan I got a 5yr permit but I was refused visa becvause of previous immigration history of overstay. this year feb I got 3 interviews in Uk. Again my business visa was refused on previous history wuth limited options of appeal. Both refusals never mention of ban. I have just be offere a nursing job with CoS. What are my chances or best way to apply. Please assist.

avjones
Diamond Member
Posts: 1568
Joined: Wed May 16, 2007 6:43 pm
Location: London
United Kingdom

Post by avjones » Mon Oct 11, 2010 2:35 am

I imagine you were refused under paragraph 320?

(7B) subject to paragraph 320(7C), where the applicant has previously breached the UK's immigration laws by:

(a) Overstaying;



unless the applicant:



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


So if you left, with assistance, in December 2006, you need to wait at least 5 years, otherwise you'll be refused again.
I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.

People should always consider obtaining professional advice about their own particular circumstances.

vinny
Moderator
Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Wed Nov 03, 2010 1:59 am

Although there would have been no mention of a ban in 2007 as 320(7B) didn't exist until 2008, it would be applicable.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

gogoryeo
Newly Registered
Posts: 1
Joined: Sat Nov 20, 2010 2:22 am

Overstaying in UK on Tourist Visa

Post by gogoryeo » Sat Nov 20, 2010 4:25 am

Hi. Need some much needed advice. I am a U.S. citizen and I overstayed in the U.K. for about a year. There were a few circumstances out of my control that led me to overstay. First, I did not have the funds to get a return citizen. I was mugged in London losing two bags, lots of computer equipment, and almost £1,000. I went to the Metropolitan police and they said don't bother reporting it because I will never get it back. People here have helped me out, and were very sympathetic to my situation. Also, I never planned to stay here that long and basically became stranded in the U.K. Anyways, I was on a tourist visa and since then I was trying to get some part time work to pay for my stay and earn enough to purchase an airplane ticket back to the states. Now, I recently paid for a one-way ticket back to the U.S.A. and about to leave. What kind of treatment will I get at immigration at the airport when I leave soon? Thanks!

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

Post by Mr Rusty » Sat Nov 20, 2010 6:30 am

They may serve a notice on you as an overstayer, probably check your fingerprints, possibly take a set of prints. They might reasonably take the view that genuine visitors who suffer the misfortune you allege go to their embassy for help and the cost of a ticket home.
But nothing much else will happen to you, you'll be allowed to get on your flight. Don't expect to be allowed back in a hurry, though

Locked