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10 Years Ban For Overstaying In The UK. And Migrants Coming To The UK. - Travel - Nairaland

Nairaland Forum / Nairaland / General / Travel / 10 Years Ban For Overstaying In The UK. And Migrants Coming To The UK. (67982 Views)

Overstaying In The US On A B1/B2 Visiting Visa..is It Advisable / Vicjustice, Omo_tier, Dis Guy: Have I Been Banned For Overstaying? Help! / How Bright Or Bleak Is Overstaying On A Visiting Visa In The Uk (1) (2) (3) (4)

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10 Years Ban For Overstaying In The UK. And Migrants Coming To The UK. by pahtahkee: 2:32pm On Mar 02, 2008
Statement of Changes in Immigration Rules HC 321 [/b]was laid before Parliament on 6 February 2008. HC 321 amends the general grounds for refusal of an immigration application.

In some cases rule-breaking migrants could be banned from applying for entry to the UK for 10 years. The results will be:
[list]
[li][b]Mandatory refusal of an application where false representations have made or false documents used, whether or not material to the application and whether or not the applicant knew of the falsehood.
[/li]


[li]Re-entry bans for those who have overstayed, breached their conditions of leave (e.g. a student working over 20 hrs a week in term time). [/li]
[/list]
Those who leave within 28 days at their own expense will escape the ban.

Over stayers making a voluntary departure at their own expense face a 1 year ban, during which any application for entry clearance will be refused, rising to 5 years if the departure was at the expense of the State and 10 years if the person was removed or deported, or used deception.

In summary, the changes to the general grounds for refusal are:

[list]
[li]From 29 February 2008 refusal of entry clearance or leave to enter, cancellation of leave or refusal to vary leave will be mandatory where false representations have been made or false documents submitted, whether or not these are material to the application and whether or not the applicant knew that such representations were being made or documents submitted. [/li]


[li]From 1 April 2008 for those who have previously overstayed, breached their conditions of stay, entered illegally or used deception, refusal of a fresh entry clearance or leave to enter application will be mandatory for fixed periods – except those who have done no more than overstay for 28 days or less. The fixed periods are 12 months from when the person made a voluntary departure at their own expense, 5 years from when the person made a voluntary departure that was paid for and 10 years from when the person was removed or deported. In the case of a person who used deception in an entry clearance application, the fixed period will be for 10 years from the time of that deception.[/li]
[/list]

Once these changes come into force, any application for permission to enter or remain in the UK must be refused if any of the above rules have been breached.

Source
Re: 10 Years Ban For Overstaying In The UK. And Migrants Coming To The UK. by Vicjustice: 12:10am On Mar 04, 2008
These changes (or bans) might not have any effect on people who merit the various visa categories respectively because, those who deserve them would definitely not over-stay the duration of their visas. Therefore, the bans are designed for people whose intentions are not genuine (in the first place); and the bans will definitely not have any influence on them because they intend to over-stay at all cost, anyway  grin
Re: 10 Years Ban For Overstaying In The UK. And Migrants Coming To The UK. by pahtahkee: 8:41pm On Mar 04, 2008
@ Vicjustice,
You are very right, and critics actually believe that this new law will only make illegal immigrants more difficult to reach and get in the UK, as they know they have nothing to win if they are caught and have a lot to get if they remain hidden.

May the baddest man win! grin
Re: 10 Years Ban For Overstaying In The UK. And Migrants Coming To The UK. by funkybaby(f): 10:45pm On Mar 04, 2008
I also agree. But on the other side of the coin, it will be really difficult for these illegal immigrants to make ends meet - with the stiff fines to be imposed on firms that employ them.
Re: 10 Years Ban For Overstaying In The UK. And Migrants Coming To The UK. by ty4real(m): 12:10pm On Mar 05, 2008
I guess market is ending for illegal migrants but you can trust that human beings will soon find a way of going about not being banned!Homo Sapiens just too intelligent! grin grin
Re: 10 Years Ban For Overstaying In The UK. And Migrants Coming To The UK. by seyibrown(f): 5:43pm On Jul 09, 2008
Having an understanding of how th Uk system works, I just can't help but wonder how illegal immigrants survive here in the UK. It will be a lot harder for them to get work now that these new rules are in place.

How do they manage? How do they carry out online transactions? Do they hide their wages in their matresses? Do they have bank accounts? With this economic downturn, how will dey survive, especially if they lose their jobs or can't get one because they can't provide evidence of permission to work to their employers/ prospective employers?
Re: 10 Years Ban For Overstaying In The UK. And Migrants Coming To The UK. by lucabrasi(m): 6:51pm On Jul 09, 2008
says who, criminals and scammers will just double in number if they cant get honest paying jobs
@topic
i think they r just ctrying to appease the general public whichever way seeing as they v made a right mess of the economy and labour are steadily losing popularity
Re: 10 Years Ban For Overstaying In The UK. And Migrants Coming To The UK. by LondonCool(m): 3:21pm On Sep 23, 2008
Re: 10 Years Ban For Overstaying In The UK. And Migrants Coming To The UK. by megastu(m): 3:41pm On Sep 23, 2008
There are some exceptions. Listed in Sub Paragraphs. Also, anyone who had been issued a visa in knowledge of the previous breach will not affected by the Ban.

For instance you used fake documents, then you were found to have used fake documents then denied a visa, Subsequently, you applied again and apologised, and was then issued a visa, that Ban will not affect you. Pronto
Re: 10 Years Ban For Overstaying In The UK. And Migrants Coming To The UK. by sweetestT: 6:40pm On Sep 24, 2008
@ poster & megastu
if i want to apologise for using fake passport and docs, what r my chances,i applied last year and fingerprinted
Re: 10 Years Ban For Overstaying In The UK. And Migrants Coming To The UK. by megastu(m): 12:34pm On Sep 25, 2008
were u denied for using fake passport? if so, u need to contact an immigration lawyer to bail u out.
Re: 10 Years Ban For Overstaying In The UK. And Migrants Coming To The UK. by ceasyc(f): 8:51pm On Nov 22, 2008
@pahtahkee n whoever can answer dis pls
using IOM to voluntarily return home
as a failed asylum seeker who stayed in d uk for some
years illegally/after asylum refusal and

whereby IOM paid 4 everything (trip bk home) including
giving some money out to individuals to set up
a business in 9ja/whichever country
can we apply to visit d uk or apply 4 a settlement visa
as some1 who is marrying an EU citizen who is living in d uk?

or does d ban apply to such individuals?
how many years?
urgent replies pls
thx
Re: 10 Years Ban For Overstaying In The UK. And Migrants Coming To The UK. by whiteroses(f): 9:49pm On Sep 11, 2009
ceasyc:

@pahtahkee n whoever can answer dis pls
using IOM to voluntarily return home
as a failed asylum seeker who stayed in d uk for some
years illegally/after asylum refusal and

whereby IOM paid 4 everything (trip bk home) including
giving some money out to individuals to set up
a business in 9ja/whichever country
can we apply to visit d uk or apply 4 a settlement visa
as some1 who is marrying an EU citizen who is living in d uk?

or does d ban apply to such individuals?
how many years?
urgent replies pls
thx
in their rule they dont like complications but getting married to an EU citizen in UK conquers everything when you marry them forget all the history no matter how bad or illegal they are, but as long as you were not deported marraige is a fresh start however when you said EU you meant UK, N/IRELAND AND GREAT BRITAIN right?
 
Re: 10 Years Ban For Overstaying In The UK. And Migrants Coming To The UK. by Busybody2(f): 10:48pm On Sep 17, 2009
ceasyc:

@pahtahkee n whoever can answer dis pls
using IOM to voluntarily return home
as a failed asylum seeker who stayed in d uk for some
years illegally/after asylum refusal and

whereby IOM paid 4 everything (trip bk home) including
giving some money out to individuals to set up
a business in 9ja/whichever country
can we apply to visit d uk or apply 4 a settlement visa
as some1 who is marrying an EU citizen who is living in d uk?

or does d ban apply to such individuals?
how many years?
urgent replies pls
thx


Since you went home on "State expenses", you would not be entitled to apply for a visa for the next five years.


If you get married to an EU/UK citizen and wish to apply for settlement visa, the way the UKBA would get round this, is to refuse you the visa and tell your partner to go and join you in Nigeria if he/she cannot bear to be seperated from you, they also use this delay tactics to check whether the marriage is genuine and not done just to get into the Country . . .


Seek legal advice if you want to try the marriage route, your Solicitor might be able to invoke something under the Human Rights Acts.
Re: 10 Years Ban For Overstaying In The UK. And Migrants Coming To The UK. by noblegas2(m): 8:43am On Sep 22, 2009
Jst 10years, na esha jor!
Re: 10 Years Ban For Overstaying In The UK. And Migrants Coming To The UK. by german007(m): 7:48pm On Nov 25, 2009
Il add to this thread.

I think the predominant thing the interviewing officer tries to determine is if you relationship is indeed geniune and not just faked in order for you to get back into the UK. Regardless of your history, whether criminal or just overstaying your visa, marriage is a fresh start. "NO ONE CAN SEPARATE TWO GENUINE HEARTS IN LOVE"

And also that one year ban doesnt apply if you apply for a marriage visa.

Kind regards
noble_gas1:

Jst 10years, na esha jor!

Its best for you to keep mute rather than pass such irrelevant comments to a thread like this.

Kind regards
Re: 10 Years Ban For Overstaying In The UK. And Migrants Coming To The UK. by ceasyc(f): 12:22am On Nov 26, 2009
whiteroses:

in their rule they dont like complications but getting married to an EU citizen in UK conquers everything when you marry them forget all the history no matter how bad or illegal they are, but as long as you were not deported marraige is a fresh start however when you said EU you meant UK, N/IRELAND AND GREAT BRITAIN right?

EU citizen = EUROPEAN UNION, e.g sweden, spain, portugal, italy, etc
Re: 10 Years Ban For Overstaying In The UK. And Migrants Coming To The UK. by ceasyc(f): 12:35am On Nov 26, 2009
Busy_body:


Since you went home on "State expenses", you would not be entitled to apply for a visa for the next five years.


If you get married to an EU/UK citizen and wish to apply for settlement visa, the way the UKBA would get round this, is to refuse you the visa and tell your partner to go and join you in Nigeria if he/she cannot bear to be seperated from you, they also use this delay tactics to check whether the marriage is genuine and not done just to get into the Country . . .


Seek legal advice if you want to try the marriage route, your Solicitor might be able to invoke something under the Human Rights Acts.

ty but i understand now that IOM is not state  expense n not organised/owned  by  UK
Re: 10 Years Ban For Overstaying In The UK. And Migrants Coming To The UK. by Jucielisa: 8:40pm On Jan 07, 2010
My husband was removed from the uk in June 2004 due to entering the uk on a false passport, he bought his return ticket home to Jamaica himself. In march 2006 we got married in Jamaica, following this he made a spouse application to live here with me in the UK, this application was refused and so he made another application which was also refused. He appealed on the diction but eventually that was denied. After all this i heard about this 10 year ban coming in to force but dont know were my husband stands or if it applies to him. I do not know were to find out this infomation or who to ask. please help!
Re: 10 Years Ban For Overstaying In The UK. And Migrants Coming To The UK. by joxiri: 10:18pm On Jan 07, 2010
At poster what about people that appeal immigration decisions and over stay whilst waiting for the outcome are these people regarded as overstayers
Re: 10 Years Ban For Overstaying In The UK. And Migrants Coming To The UK. by OAM4J: 10:30am On Jan 09, 2010
Jucielisa:

My husband was removed from the uk in June 2004 due to entering the uk on a false passport, he bought his return ticket home to Jamaica himself. In march 2006 we got married in Jamaica, following this he made a spouse application to live here with me in the UK, this application was refused and so he made another application which was also refused. He appealed on the diction but eventually that was denied. After all this i heard about this 10 year ban coming in to force but dont know were my husband stands or if it applies to him. I do not know were to find out this infomation or who to ask. please help!

For using false/fake documentations, you get banned 10years. there is nothing you can do about it.

If the offence was just overstaying and he returned at his own cost, he might have been considered.

But using a false passport, get's 10year ban. Sorry.
Re: 10 Years Ban For Overstaying In The UK. And Migrants Coming To The UK. by german007(m): 10:53am On Jan 09, 2010
OAM4J:

For using false/fake documentations, you get banned 10years. there is nothing you can do about it.

If the offence was just overstaying and he returned at his own cost, he might have been considered.

But using a false passport, get's 10year ban. Sorry.

Very True
Re: 10 Years Ban For Overstaying In The UK. And Migrants Coming To The UK. by Suave64: 3:12pm On Mar 15, 2010
ceasyc:

ty but i understand now that IOM is not state expense n not organised/owned by UK
@ceasyc, I would like to know how you got through your problem, cos I am just like you where I left the UK via the IOM, but I left in Feb 2008 just before the law came out, even though I had overstayed. I would like to know if the ban applies to me and if the IOM is viewed as a state funded departure.
Re: 10 Years Ban For Overstaying In The UK. And Migrants Coming To The UK. by ceasyc(f): 2:07am On Mar 16, 2010
Suave64:

@ceasyc, I would like to know how you got through your problem, cos I am just like you where I left the UK via the IOM, but I left in Feb 2008 just before the law came out, even though I had overstayed. I would like to know if the ban applies to me and if the IOM is viewed as a state funded departure.

what problem? if it's what i'm thinking then the
ANSWER IS BELOW = HIGHLIGHTED
u should know which is applicable to u

[Over stayers making a voluntary departure at their own expense face a 1 year ban, during which any application for entry clearance will be refused, rising to 5 years if the departure was at the expense of the State and 10 years if the person was removed or deported, or used deception.In summary, the changes to the general grounds for refusal are:

From 1 April 2008 for those who have previously overstayed, breached their conditions of stay, entered illegally or used deception, refusal of a fresh entry clearance or leave to enter application will be mandatory for fixed periods – except those who have done no more than overstay for 28 days or less. The fixed periods are 12 months from when the person made a voluntary departure at their own expense, 5 years from when the person made a voluntary departure that was paid for and 10 years from when the person was removed or deported. In the case of a person who used deception in an entry clearance application, the fixed period will be for 10 years from the time of that deception.
[/quote]

about IOM, i answered dat b4
[quote author=ceasyc link=topic=116886.msg4997290#msg4997290 date=1259192149]
ty but i understand now that IOM is not state expense n not organised/owned  by  UK

GOODLUCK!
Re: 10 Years Ban For Overstaying In The UK. And Migrants Coming To The UK. by Suave64: 2:05pm On Mar 16, 2010
@ceasyc
Sorry I did not mean to offendyou, but what I meant was if you had been able to go back, and if you had found out for sure that the IOM was not state funded, cos I saw somewhere in the new immigration laws that they apply to people who leave via VAARP (or something like that, which is what the IOM does). I would also like to know if the fact that I have a passport for a country that does not need a visa to the UK, would that make any difference?
Re: 10 Years Ban For Overstaying In The UK. And Migrants Coming To The UK. by Suave64: 2:07pm On Mar 16, 2010
@ceasyc
I also forgot to tell you that I left with the IOM giving me a ticket home. I did not any funds from them.
Re: 10 Years Ban For Overstaying In The UK. And Migrants Coming To The UK. by ceasyc(f): 5:00am On Mar 17, 2010
Suave64:

@ceasyc
Sorry I did not mean to offendyou

lol am not offended
my 1st post here was 2 get info 4 friends n family
and d other posts r info i got from people on NL
but a different/similar topic

i'll try n find it n post it here 4 ya
laterssssssssss
Re: 10 Years Ban For Overstaying In The UK. And Migrants Coming To The UK. by Suave64: 1:33pm On Mar 17, 2010
@ceasyc
I really want to know if you are sure that the IOM is not a state funded organization, cos I am thinking of trying to go back soon after 2 years of being away. Can you find out for me please.
Re: 10 Years Ban For Overstaying In The UK. And Migrants Coming To The UK. by milky007: 6:48pm On Apr 04, 2010
Hi, i've been married to a british citizen one month ago and am from Trinidad we planning to go for holidays in summer to visit his relatives
but there is a very big problem. I dont know if i will be allow a visa as i've been overstaying for 11 months while being on a tourist visa in Dec 2006 but the thing is that i've been overstaying while waiting for my reply concernning my application for a student visa which i did before my visa ran out. there was a prob with the cheque i've sent and they sent me a letter one month later after i've ran out of my tourist visa and saying that i need to pay to get my visa processed when they knew that now i was overstaying so i've sent back the cheque and get a response 6 months later for refusal saying because i've tried to enter uk by deception but as i was running out of money by that time i needed to wait for 5 months and left there in 2008 at my own expense.
Can somebody help me please in any idea, sad

Kind regards.
Re: 10 Years Ban For Overstaying In The UK. And Migrants Coming To The UK. by dancewith: 7:57pm On Apr 04, 2010
@milky007

since you departed at your own expenses then you are supposed to be banned for 1 year according to the rules. However what you experienced is similar to what a friend experienced who went there to have a baby. at the immigration point she was stopped but claimed she was going for a short stay despite her big tummy. anyway she did give birth there but when she applied a year later they refused her and informed her she is on a 10 years ban for using deception previously

so since they claimed you used deception, it is possible you were banned for 10 yrs. then again you might be lucky. why dont you call the embassy just to be double sure?
Re: 10 Years Ban For Overstaying In The UK. And Migrants Coming To The UK. by joxiri: 9:07pm On Apr 04, 2010
I am a bit confused with all this deception talk
I was under the assumption that if you had a pending appeal or immigration matter with the home office, then the 1 year ban does not appeal

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