Overstayed friends

[robertf]

Hi All,

My friends have overstayed by 7 years. The immigration officers went to their house and they are detained. They were already given return flight to their country. However immigration made a mistake and on the day of their flight they forgot to pick up one of them (they are couple).

Now they told them that if they leave voluntarily and pay for their ticket they will be banned only for a year, otherwise for 5 years, but if being removed banned for 10 years.

Can anyone tell me if this is the case? I have read the UKBA webpage http://www.ukba.homeoffice.gov.uk/polic ... les/part9/ but I don't understand the difference between leaving UK voluntarily or being removed. Which category does it apply to my friends?

Thank you,

Robert

[Mr Rusty]

It's difficult to be absolutely definitive about this. Other things being equal, being detained and subsequently put on board a plane suggests removal. However, if they sign a disclaimer saying they are willing to return to their own country, and particularly if they pay for their own flights, then they have a strong argument in favour of voluntary departure.
Two points to bear in mind. (i) An Immigration Officer or Caseworker in the UK can't give an absolute guarantee about how an ECO will regard their departure when considering a future application, and (ii) a 7 years' overstay is a serious matter, and even if a minimum ban is applied he would be looking for pretty cast-iron reasons for their need to return to the UK within a short time, if ever. Another factor is what evidence has been turned up about what they were doing during that 7 years, as they could be refused under Para 320-11.

[robertf]

Thank you very much for your reply. The information is really useful.
I've got another question. One of my friends has Croatian nationality as well so he will apply for the Croatian passport in his country. As Croatia will join the EU in 2013, what would it be the situation for them then if they want to return to the UK? Would that change their situation?

Thank you

Robert

[fibreman]

Thank you very much for your reply. The information is really useful.
I've got another question. One of my friends has Croatian nationality as well so he will apply for the Croatian passport in his country. As Croatia will join the EU in 2013, what would it be the situation for them then if they want to return to the UK? Would that change their situation?

Thank you

Robert

Yes, Croatia will join on 1st july 2013, and then the complete freedom of travel is there-but visa free general travel has been there for more than a decade. I am not sure that the person with new passport could be stopped from crossing the border then.

There are no explanations when entering UK with EU passport, just a control-if passport is valid. Whether the person would be listed there in computer as previous illegal etc, I don't know...

[Mr Rusty]

You haven't said what the friend's current nationality is - presumably he is a dual national.

His name, date of birth and the nationality in which he is currently being dealt with will be on record, and I would expect this identity to trigger a reaction if he presents himself as a Croatian national. If he seeks entry before Croatia joins the EU, there would be a strong chance that he would be refused entry. If he presents a new Croatian passport as an EU national, the Immigration Officer is bound to wonder whether (i) it is genuine (ii) it was improperly obtained, so he may be held up for a while so that the truth can be established, but once his entitlement to the document is confirmed, he will be admitted.