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
Comments
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.
I did over stayed in UK.Buti did left UK in May-2006.My fiancee she is british citizen (Asian British Citizen).we lived in UK toghter for 3 years.Reason to over stay in uk was we do not wanted to loose each other because our parents where never happy with our relation and it was impossible for me to get married to her in UK because when we got in love my visa was valid but when we decided to get married my visa was expried.at last we been living scared because of my illigal status.we went to a lawyer.Lawyer did advice us to go to our home country and get married.She bought my and her tickets i had left UK voluntarily.We both where leaving UK to go to our home country and get married.But i was stoped on LHR and they did issue me IS151A and took my finger prints too.As me and my fiancee reached my home country we got married with in week did registered marriage on 18 May 2006 in our home country.Then after she lived in india for 5 mouths and she went back she did not had job for long time so i called her to come and stayin my home country.She came back to my home country5 time in 2 years she donot had enought funds and job so i didnot applied to UK EMBASSY till now date. it been 2 years i had not applied to UK EMBASSY.
just today i got to know this new law.so please advice me what can i do now can i do apply to UK EMBASSY in my home country ? I had leave UK in May 2006 and issued IS 151A.Will i be ban to appy for UK spouse visa?The resoan not to apply to UK EMBASSY is my wife donot have funds please let me know what i need to do.I am worried that i can loose my wife becuse of new laws coming.Hope to hear soon from your side
Thanking you,
Hemant
the above same problem accured with me, i was in uk last year and after 1 year i overstayed in uk i m in love, so we both had decied to get merried. but we ware worried about entry clearance in uk, if me and my wife come to india and got merried, so me and my wife had decide to take advice of lawyer and the lawyer said its alright if i go to india and got merried with my love and finally me and my love come to india on january 2008 and got meried in feb2008. and after when i applied for entry clearance then i have been refuced by two reason.
1. my wife live in hospital cottage in kent so she forget to enter my name to live with her in cottage in accomodation latter and the other reason is...
2. they said i came to india in jan 2008 and got meried in feb2008 so they think my merrige is not true, and before i went to uk i was already merried with other women but becouse of some family problems i had been taken divorce with her so they said u r already merried with other women so we denide ur application, and got appeal...
then after when i applied for appeal then i got a hearing date after 5 months and on hiaring date the immigaration lawyer ask my wife some question about my previous wife and when my wife failed to answer their questions about my previus wife then they had been refused my appeal also.
i m now so much fed up and tired with uk immigrations law,
i need ur help for entry clearance, so can u tell me that can i be able to apply again? and if i do it again then should i be ben for 10 years?
thank you.
Real marriages failed to compile and provide evidence about their marriage. That's the biggest mistake to think that because everything is true, everything should be fine at the interview day. The marriage is real, so show immigration, prove them your points.
I am overstayer in the Uk and i have being living with my partner for five years now we have two youngs children together.she is presently studying in unversity and i am at home looking after the children.The problem is i can't go back home to my country i have no relatives there and i can't find meaniful work here because of my status.
Please what can i do?
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