UPDATE Special Advisory: Important Announcement for Overstayers in the UK! UPDATE
IMPORTANT UPDATE ON MANDATORY BAN FOR OVERSTAYERS IN THE UK
The following is an UPDATE to UK-Yankee's original Advisory regarding overstayers and the new policies coming into effect. The original Advisory has been retained within this update for reference. Please pay special attention to the new dates included in this update.
It has recently been announced that the mandatory ban on overstayers wishing to apply for re-entry to the UK has been postponed. It will now come into effect on 1 October 2008, but the applicant MUST have left the UK prior to 1 October.
“A number of people have, however, suggested that we will achieve our aims better if we give people who are currently here illegally a chance to leave before the new rules are applied to them. We have listened to their argument and reflected on it, and we agree with them. I can announce that we will not apply the provisions in new paragraph 327B of the Immigration Rules to anyone currently in the United Kingdom who leaves the country voluntarily before 1 October 2008. Those people will be able to apply to come back without being automatically refused under these provisions, although it is possible that they will be refused under other parts of the Immigration Rules.
I emphasise that that does not mean that those people will automatically be allowed to come back. They will need to meet all the other requirements of the Immigration Rules. The BIA will also, as now, have the discretion to refuse them if they contrive in a significant way to frustrate the Immigration Rules; for example, by contracting a bogus marriage, which we know happens. They will not face a period of automatic refusal under paragraph 327B, however, if they go home after 1 October. That gives those who are currently here illegally a clear incentive to go home and, as I mentioned earlier, it promotes the Government's objectives. We cannot withdraw the Immigration Rules in order to make the change, as I have outlined, since many of them are already in force. The change will therefore take effect as a time-limited concession outside the rules. I hope that noble Lords will find themselves able to support that concession.”
Lord Bassam ref
It is of the upmost importance that any overstayers currently in the United Kingdom be aware of this concession and make arrangements to leave the UK and make the appropriate application for entry clearance.
Any person who wishes to leave the UK would also be strongly advised to seek advice from an immigration adviser registered with the Office of the Immigration Services Commissioner. A list of advisers can be found at www.oisc.gov.uk
You can also search for a solicitor through the Law Society.
England and Wales: lawsociety.org.uk
Scotland: lawscot.org.uk
Northern Ireland: lawsoc-ni.org
Effective 1 April 2008, there will be an automatic ban placed on overstayers once they leave the UK.
“7.25. Applicants who have been refused entry clearance after having used deception in their applications will have any future applications they make refused for ten years. Other immigration offenders (other than those who overstayed for 28 or fewer days and left at their own expense) will be refused for the following periods:
* One year if, following their breach, they left the UK voluntarily at their own expense;
* Five years if, following their breach, they left the UK voluntarily at public expense; and
* Ten years if they were removed or deported from the UK following their breach.”
The above information is quoted from: Statement of Changes in Immigration Rules
According to londonelegance.com/transpondia, there could be between 10,000 and 30,000 American citizen overstayers affected by this new rule.
There are a myriad of things that could be considered as having used deception in an application. This includes, but is not limited to, the following.
1. Telling an Immigration Officer that you are visiting the friends in the UK, when you are in fact visiting a significant other.
2. Business visitors who arrive and it is determined that the nature of that visit requires a work permit.
3. Leaving through the Republic of Ireland and having an exit stamp from the ROI and a corresponding entry stamp from the UK will be treated not only be seen as an overstay in the UK if the two stamps exceed 6 months, it will also be seen as an act of deception.
If you are an overstayer, and you are looking to return to your country of origin to apply for entry clearance it is crucial that you leave the United Kingdom as soon as possible and make your application before 1 April.
It is also important to note that, after 1 April, if you leave the UK voluntarily but are stopped by exit controls and issued with an IS151 which is a removal order, you will be subject to a ten year ban before any application would be considered. You will also be liable for the costs of the issuing of the removal order.
If you wish to seek professional advice, be sure to use an adviser that is registered with the Office of the Immigration Services Commissioner.
You can find a list of advisers at www.oisc.gov.uk You can also search for a solicitor through the Law Society:
England and Wales: lawsociety.org.uk
Scotland: lawscot.org.uk
Northern Ireland: lawsoc-ni.org
The following is an UPDATE to UK-Yankee's original Advisory regarding overstayers and the new policies coming into effect. The original Advisory has been retained within this update for reference. Please pay special attention to the new dates included in this update.
It has recently been announced that the mandatory ban on overstayers wishing to apply for re-entry to the UK has been postponed. It will now come into effect on 1 October 2008, but the applicant MUST have left the UK prior to 1 October.
“A number of people have, however, suggested that we will achieve our aims better if we give people who are currently here illegally a chance to leave before the new rules are applied to them. We have listened to their argument and reflected on it, and we agree with them. I can announce that we will not apply the provisions in new paragraph 327B of the Immigration Rules to anyone currently in the United Kingdom who leaves the country voluntarily before 1 October 2008. Those people will be able to apply to come back without being automatically refused under these provisions, although it is possible that they will be refused under other parts of the Immigration Rules.
I emphasise that that does not mean that those people will automatically be allowed to come back. They will need to meet all the other requirements of the Immigration Rules. The BIA will also, as now, have the discretion to refuse them if they contrive in a significant way to frustrate the Immigration Rules; for example, by contracting a bogus marriage, which we know happens. They will not face a period of automatic refusal under paragraph 327B, however, if they go home after 1 October. That gives those who are currently here illegally a clear incentive to go home and, as I mentioned earlier, it promotes the Government's objectives. We cannot withdraw the Immigration Rules in order to make the change, as I have outlined, since many of them are already in force. The change will therefore take effect as a time-limited concession outside the rules. I hope that noble Lords will find themselves able to support that concession.”
Lord Bassam ref
It is of the upmost importance that any overstayers currently in the United Kingdom be aware of this concession and make arrangements to leave the UK and make the appropriate application for entry clearance.
Any person who wishes to leave the UK would also be strongly advised to seek advice from an immigration adviser registered with the Office of the Immigration Services Commissioner. A list of advisers can be found at www.oisc.gov.uk
You can also search for a solicitor through the Law Society.
England and Wales: lawsociety.org.uk
Scotland: lawscot.org.uk
Northern Ireland: lawsoc-ni.org
Original Advisory:
(Please note the change in effective dates noted above, the 1 April, 2008 date has been extended)Effective 1 April 2008, there will be an automatic ban placed on overstayers once they leave the UK.
“7.25. Applicants who have been refused entry clearance after having used deception in their applications will have any future applications they make refused for ten years. Other immigration offenders (other than those who overstayed for 28 or fewer days and left at their own expense) will be refused for the following periods:
* One year if, following their breach, they left the UK voluntarily at their own expense;
* Five years if, following their breach, they left the UK voluntarily at public expense; and
* Ten years if they were removed or deported from the UK following their breach.”
The above information is quoted from: Statement of Changes in Immigration Rules
According to londonelegance.com/transpondia, there could be between 10,000 and 30,000 American citizen overstayers affected by this new rule.
There are a myriad of things that could be considered as having used deception in an application. This includes, but is not limited to, the following.
1. Telling an Immigration Officer that you are visiting the friends in the UK, when you are in fact visiting a significant other.
2. Business visitors who arrive and it is determined that the nature of that visit requires a work permit.
3. Leaving through the Republic of Ireland and having an exit stamp from the ROI and a corresponding entry stamp from the UK will be treated not only be seen as an overstay in the UK if the two stamps exceed 6 months, it will also be seen as an act of deception.
If you are an overstayer, and you are looking to return to your country of origin to apply for entry clearance it is crucial that you leave the United Kingdom as soon as possible and make your application before 1 April.
It is also important to note that, after 1 April, if you leave the UK voluntarily but are stopped by exit controls and issued with an IS151 which is a removal order, you will be subject to a ten year ban before any application would be considered. You will also be liable for the costs of the issuing of the removal order.
If you wish to seek professional advice, be sure to use an adviser that is registered with the Office of the Immigration Services Commissioner.
You can find a list of advisers at www.oisc.gov.uk You can also search for a solicitor through the Law Society:
England and Wales: lawsociety.org.uk
Scotland: lawscot.org.uk
Northern Ireland: lawsoc-ni.org
