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10 Years Ban For Overstaying In The UK. And Migrants Coming To The UK. - Travel (7) - Nairaland

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Re: 10 Years Ban For Overstaying In The UK. And Migrants Coming To The UK. by blurlost: 12:32am On Mar 26, 2012
Dear Justwise and hello everyone,

I have a situation where I have been served a IS151A form when I was leaving the UK. I am a Malaysian nationality and I came to the UK on the 3/10/2011 from Rep of Ireland (my visa was a student visa and it expired on the same day itself) for visit. When I came in to the UK I haven't gone through the Immigration and get my passport stamp as a visitor. So I thought that was ok and as far as everyone said you can stay in the UK for not more than 6 months. So as I heard about that, I decided to tour the country and visit my friends here. I bought a flight ticket back to Malaysia on 23/03/2012. Then when I was about to leave the country the Immigration officer said to me that I was overstayed for 2 months and I was shocked and asked the officer wasn't it I am allowed to be here for 6 months? The officer replied, 'no if you come from Rep of Ireland, you are allowed to be here for only 3 months' . I was shocked and I said 'I am so sorry and that was my honest mistake and I didn't mean to overstayed'. Then the officer served me with a IS151A form/letter and the officer said I might have a problem when I am about to enter the UK again next time.

My questions are;

a) From my situation above, can you please explain to me will I be having a problem to enter the UK again in April/May 2012 for 2/3 months visit as a visitor as I am planning to look for a University or College to pursue my studies? If yes I am going to face a problem, what is the least and worst case scenario the UK Border could do to me?

b) Will I be having a problem to a apply a student visa for August/Sept 2012 intake from home once I have found the University/College?

c) If I can't enter the UK as a visitor and as a student, is there any chance for me to appeal?

Regards,
Blur&Lost
Re: 10 Years Ban For Overstaying In The UK. And Migrants Coming To The UK. by justwise(m): 10:13am On Mar 26, 2012
blur&lost:
Dear Justwise and hello everyone,

I have a situation where I have been served a IS151A form when I was leaving the UK. I am a Malaysian nationality and I came to the UK on the 3/10/2011 from Rep of Ireland (my visa was a student visa and it expired on the same day itself) for visit. When I came in to the UK I haven't gone through the Immigration and get my passport stamp as a visitor. So I thought that was ok and as far as everyone said you can stay in the UK for not more than 6 months. So as I heard about that, I decided to tour the country and visit my friends here. I bought a flight ticket back to Malaysia on 23/03/2012. Then when I was about to leave the country the Immigration officer said to me that I was overstayed for 2 months and I was shocked and asked the officer wasn't it I am allowed to be here for 6 months? The officer replied, 'no if you come from Rep of Ireland, you are allowed to be here for only 3 months' . I was shocked and I said 'I am so sorry and that was my honest mistake and I didn't mean to overstayed'. Then the officer served me with a IS151A form/letter and the officer said I might have a problem when I am about to enter the UK again next time.

My questions are;

a) From my situation above, can you please explain to me will I be having a problem to enter the UK again in April/May 2012 for 2/3 months visit as a visitor as I am planning to look for a University or College to pursue my studies? If yes I am going to face a problem, what is the least and worst case scenario the UK Border could do to me?

b) Will I be having a problem to a apply a student visa for August/Sept 2012 intake from home once I have found the University/College?

c) If I can't enter the UK as a visitor and as a student, is there any chance for me to appeal?

Regards,
Blur&Lost


You will be allowed to enter the UK again but that will be after one year from the day you were served IS151A

Since you were not deported and the UK govt did not pay for your ticket you will only be banned for one year.

Another thing you could (this is 50/50 chances) is to apply for you student visa and make sure that you met ALL requirements THEN write a letter of apology in that letter you need to explain what happened.

Before that,what was your immigration history in Rep of Ireland? Did you finish your course there?
Re: 10 Years Ban For Overstaying In The UK. And Migrants Coming To The UK. by blurlost: 11:01am On Mar 26, 2012
justwise:

You will be allowed to enter the UK again but that will be after one year from the day you were served IS151A

Since you were not deported and the UK govt did not pay for your ticket you will only be banned for one year.

Another thing you could (this is 50/50 chances) is to apply for you student visa and make sure that you met ALL requirements THEN write a letter of apology in that letter you need to explain what happened.

Before that,what was your immigration history in Rep of Ireland? Did you finish your course there?

I have no bad record or bad history while I was in Rep of Ireland and I did finished my degree there.

Are you saying that I could possibility has 50/50 chances to apply the student visa for August/sept 2012 intake?
Re: 10 Years Ban For Overstaying In The UK. And Migrants Coming To The UK. by justwise(m): 12:08pm On Mar 26, 2012
blur&lost:


I have no bad record or bad history while I was in Rep of Ireland and I did finished my degree there.

Are you saying that I could possibility has 50/50 chances to apply the student visa for August/sept 2012 intake?

Yes its 50/50 chance, the ECO may decide to be lenient and see through your innocent mistake or stick with the one year ban, else you wait till next year before applying.
Re: 10 Years Ban For Overstaying In The UK. And Migrants Coming To The UK. by ppsyim: 3:49pm On Apr 03, 2012
hey! i been overstayed for 4 years in uk, is it anywhere that i can re-enter again? i went back voluntary, but i got finger printed. and hav a letter from uk border agency! your advice is very helpful to me! many thanks
Re: 10 Years Ban For Overstaying In The UK. And Migrants Coming To The UK. by Ali365: 1:49pm On May 16, 2012
Hi,

My name is Ali. I have recently applied for a student visa but unfortunately the embassy rejected and also has given me a 10 year band.

I had submitted all his academic document however there was a problem regarding his documents and that’s why there’s is a problem. Is there any option to get the documents back and also remove the 10 year band? Appreciate of you can kindly get back to me as soon as possible. Many thanks.

Kind Regards,
Ali
Re: 10 Years Ban For Overstaying In The UK. And Migrants Coming To The UK. by justwise(m): 2:09pm On May 16, 2012
Ali365: Hi,

My name is Ali. I have recently applied for a student visa but unfortunately the embassy rejected and also has given me a 10 year band.

I had submitted all his academic document however there was a problem regarding his documents and that’s why there’s is a problem. Is there any option to get the documents back and also remove the 10 year band? Appreciate of you can kindly get back to me as soon as possible. Many thanks.

Kind Regards,
Ali

If you were banned for 10yrs as a result of fraud/forgery/fake document. . .etc then that is it, you can't get those documents back, it will be on your file for that 10yrs.
Re: 10 Years Ban For Overstaying In The UK. And Migrants Coming To The UK. by Ali365: 9:33am On May 20, 2012
is there any other option i will apply visa for uk
Re: 10 Years Ban For Overstaying In The UK. And Migrants Coming To The UK. by justwise(m): 11:41am On May 20, 2012
Ali365: is there any other option i will apply visa for uk

Only if you are married to British citizen or an EU citizen.
Re: 10 Years Ban For Overstaying In The UK. And Migrants Coming To The UK. by Ali365: 3:52pm On May 27, 2012
ok thanks . is it possible i will apply for ireland
Re: 10 Years Ban For Overstaying In The UK. And Migrants Coming To The UK. by Ali365: 3:53pm On May 27, 2012
ok thanks . Is that possible i will apply Ireland?
Re: 10 Years Ban For Overstaying In The UK. And Migrants Coming To The UK. by dee84: 7:50pm On May 27, 2012
Hi, I have a dilemma and I hope you can advise me.

I have overstayed in the uk for a year. I was under a student visa. I met a man for over a year fell in love and we decided to get married. We are planning to go to my country in Asia and get married there. My worry is when I apply for a visa to come back to the uk with my husband, will that be affected as I have overstayed in the uk.

Please advise me on the matter. I am worried and just want to get this straighten out. Thank you!
Re: 10 Years Ban For Overstaying In The UK. And Migrants Coming To The UK. by justwise(m): 7:59pm On May 27, 2012
dee84: Hi, I have a dilemma and I hope you can advise me.

I have overstayed in the uk for a year. I was under a student visa. I met a man for over a year fell in love and we decided to get married. We are planning to go to my country in Asia and get married there. My worry is when I apply for a visa to come back to the uk with my husband, will that be affected as I have overstayed in the uk.

Please advise me on the matter. I am worried and just want to get this straighten out. Thank you!

The punishment for overstaying for up to a yr is a yr ban if you went back to your country without the British Govt paying for your return ticket but getting married to a British passport/paper holder means that you will not be punished for that, though you must not withhold any info during the visa application.
Re: 10 Years Ban For Overstaying In The UK. And Migrants Coming To The UK. by dee84: 8:10pm On May 27, 2012
Yes I going home at my own expense and my boyfriend is a british citizen. Yes I will be truthful during the visa application. What are the chances that my spousal visa application will be refused due to my overstaying in the uk?
Re: 10 Years Ban For Overstaying In The UK. And Migrants Coming To The UK. by dee84: 8:12pm On May 27, 2012
Or do I have to wait til the 1 year ban finish before I apply for a spouse visa?
Re: 10 Years Ban For Overstaying In The UK. And Migrants Coming To The UK. by justwise(m): 8:16pm On May 27, 2012
dee84: Or do I have to wait til the 1 year ban finish before I apply for a spouse visa?

You don't have to but its still ok if you want to wait.
Re: 10 Years Ban For Overstaying In The UK. And Migrants Coming To The UK. by dee84: 8:23pm On May 27, 2012
Thank you. I am less worried now. Hopefully everything goes well.
Re: 10 Years Ban For Overstaying In The UK. And Migrants Coming To The UK. by justwise(m): 8:29pm On May 27, 2012
dee84: Thank you. I am less worried now. Hopefully everything goes well.

All the very best
Re: 10 Years Ban For Overstaying In The UK. And Migrants Coming To The UK. by dee84: 7:47pm On May 28, 2012
Sorry but you didnt answer my question, what are the chances of the spousal visa application to be refused due to my overstaying in the uk ?
Re: 10 Years Ban For Overstaying In The UK. And Migrants Coming To The UK. by justwise(m): 8:11pm On May 28, 2012
dee84: Sorry but you didnt answer my question, what are the chances of the spousal visa application to be refused due to my overstaying in the uk ?

Hardly will they refuse you a visa because of that,you are applying as a spouse of a British passport/resident permit holder, however, if you withheld that info during your visa application then you are more likely to be refused a visa
Re: 10 Years Ban For Overstaying In The UK. And Migrants Coming To The UK. by dmello: 6:49pm On Jun 03, 2012
Hi
im Neil and m Indian National. My UK student visa was denied for forged doc. in the year 2006. now i have applied for six months internship in Germany. I have learned that the visa officer will be seeing the old passport where the UK Application received stamp is there, and more over i have missed placed the letter of Rejection. Will there be any problem during my German visa interview because of my past history. Please help ASAP. Thank you.
Re: 10 Years Ban For Overstaying In The UK. And Migrants Coming To The UK. by dmello: 5:28am On Jun 05, 2012
dmello: Hi
im Neil and m Indian National. My UK student visa was denied for forged doc. in the year 2006. now i have applied for six months internship in Germany. I have learned that the visa officer will be seeing the old passport where the UK Application received stamp is there, and more over i have missed placed the letter of Rejection. Will there be any problem during my German visa interview because of my past history. Please help ASAP. Thank you.
Re: 10 Years Ban For Overstaying In The UK. And Migrants Coming To The UK. by justwise(m): 8:06am On Jun 05, 2012
dmello: Hi
im Neil and m Indian National. My UK student visa was denied for forged doc. in the year 2006. now i have applied for six months internship in Germany. I have learned that the visa officer will be seeing the old passport where the UK Application received stamp is there, and more over i have missed placed the letter of Rejection. Will there be any problem during my German visa interview because of my past history. Please help ASAP. Thank you.

Its 50/50 situation but make sure that all the documents you are submitting for the German visa is original and don't lie about the UK visa refusal
Re: 10 Years Ban For Overstaying In The UK. And Migrants Coming To The UK. by kazmane: 10:13pm On Jul 17, 2012
I WAS WONDERING IF U COULD PLEASE HELP ME, I CAME IN THE UK(GLASGOW) IN 2007 FROM PAKISTAN ON A SPOUSE VISA, WHICH WAS FOR TWO YEARS.SOME HOW MY MARRIAGE BROKE DOWN AND I WAS SEPARATED FROM MY WIFE DUE TO DOMESTIC VIOLENCE ,I HAVE GOT A 3 YEARS OLD BOY I HAVE'NT SEEN MY SON FOR TWO YEARS, I HAVE TRIED SO MANY TIMES SO SEE HIM
BUT MY IN-LAWS DON'T ALLOW ME .SO THEN I TOOK HELP FROM A SOLICITOR IN GLASGOW, MY SOLICITORS ADVISED ME THAT THEY CANT HELP ME BECAUSE MY LEAVE TO ENTER IN THE UK WAS EXPIRED DUE TO MY WIFE COMPLAINING IN THE HOME-OFFICE THAT WE ARE NO LONGER STAYING TOGETHER.SO I DECIDED TO VOLUNTARILY GO TO THE IMMIGRATION AUTHORITIES AND TRAVEL BACK TO PAKISTAN OWN MY OWN EXPENSE , THE IMMIGRATION AUTHORITIES HAS PUT ME ON A 1 YEAR BAN FOR OVERSTAYING.NOW THAT I HAVE RETURNED BACK TO PAKISTAN CAN I APPLY BACK ON THE BASIS OF MY SON AND TRAVEL BACK TO THE UK. (CAN I EVER SEE MY SON)IF YES SO DO I HAVE TO COMPLETE THAT BAN PERIOD.

PLEASE ADVICE ME ON THIS MATTER.
Re: 10 Years Ban For Overstaying In The UK. And Migrants Coming To The UK. by justwise(m): 10:28pm On Jul 17, 2012
kazmane: I WAS WONDERING IF U COULD PLEASE HELP ME, I CAME IN THE UK(GLASGOW) IN 2007 FROM PAKISTAN ON A SPOUSE VISA, WHICH WAS FOR TWO YEARS.SOME HOW MY MARRIAGE BROKE DOWN AND I WAS SEPARATED FROM MY WIFE DUE TO DOMESTIC VIOLENCE ,[/b]I HAVE GOT A 3 YEARS OLD BOY I HAVE'NT SEEN MY SON FOR TWO YEARS, I HAVE TRIED SO MANY TIMES SO SEE HIM
BUT MY IN-LAWS DON'T ALLOW ME .SO THEN I TOOK HELP FROM A SOLICITOR IN GLASGOW, MY SOLICITORS ADVISED ME THAT THEY CANT HELP ME BECAUSE MY LEAVE TO ENTER IN THE UK WAS EXPIRED DUE TO MY WIFE COMPLAINING IN THE HOME-OFFICE THAT WE ARE NO LONGER STAYING TOGETHER.SO I DECIDED TO VOLUNTARILY GO TO THE IMMIGRATION AUTHORITIES AND TRAVEL BACK TO PAKISTAN OWN MY OWN EXPENSE , THE IMMIGRATION AUTHORITIES HAS PUT ME ON A 1 YEAR BAN FOR OVERSTAYING.NOW THAT I HAVE RETURNED BACK TO PAKISTAN CAN I APPLY BACK ON THE BASIS OF MY SON AND TRAVEL BACK TO THE UK. (CAN I EVER SEE MY SON)IF YES SO [b]DO I HAVE TO COMPLETE THAT BAN PERIOD.


PLEASE ADVICE ME ON THIS MATTER.

To stand any chance you have to finish the one year ban AND make peace with your wife, she has to write to support your application
Re: 10 Years Ban For Overstaying In The UK. And Migrants Coming To The UK. by kazmane: 11:57am On Jul 18, 2012
CAN I APPLY ON THE BASIS OF A PARENT OF A CHILD IN THE UK.
Re: 10 Years Ban For Overstaying In The UK. And Migrants Coming To The UK. by justwise(m): 12:49pm On Jul 18, 2012
kazmane: CAN I APPLY ON THE BASIS OF A PARENT OF A CHILD IN THE UK.

You cam't because your wife is looking after the baby and you were reported to the authority for being violent to her, domestic violence is a serious offence in the UK, you have to make peace with your wife first and get her write a letter to support your application.
Re: 10 Years Ban For Overstaying In The UK. And Migrants Coming To The UK. by kazmane: 1:58pm On Jul 18, 2012
SORRY FOR NOT BEING PRECISE
SHE WAS NOT THE VICTIM OF DOMESTIC VIOLENCE I WAS THE VICTIM OF DOMESTIC VIOLENCE I LEFT THE HOUSE AND CALLED THE POLICE ,
Re: 10 Years Ban For Overstaying In The UK. And Migrants Coming To The UK. by justwise(m): 2:21pm On Jul 18, 2012
kazmane: SORRY FOR NOT BEING PRECISE
SHE WAS NOT THE VICTIM OF DOMESTIC VIOLENCE I WAS THE VICTIM OF DOMESTIC VIOLENCE I LEFT THE HOUSE AND CALLED THE POLICE ,

Ok, but the question still remain. . . .have you settled the issue with your wife? You can't go back to the UK when there is violence in the marriage.
Re: 10 Years Ban For Overstaying In The UK. And Migrants Coming To The UK. by kazmane: 6:26pm On Jul 18, 2012
THANKS VERY MUCH FOR SHARING ALL THE INFORMATION. I WAS JUST LOOKING AT THE UK BORDER AGENCY WEBSITE AND I FOUND SOMETHING OF MY INTEREST, COULD YOU DO ME A BIG FAVOUR BY LOOKING AT THE WEBSITE http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/parents/. YOUR COOPERATION IS VERY MUCH APPRECIATED . smiley
Re: 10 Years Ban For Overstaying In The UK. And Migrants Coming To The UK. by justwise(m): 7:14pm On Jul 18, 2012
kazmane: THANKS VERY MUCH FOR SHARING ALL THE INFORMATION. I WAS JUST LOOKING AT THE UK BORDER AGENCY WEBSITE AND I FOUND SOMETHING OF MY INTEREST, COULD YOU DO ME A BIG FAVOUR BY LOOKING AT THE WEBSITE http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/parents/. YOUR COOPERATION IS VERY MUCH APPRECIATED . smiley

Take your time and read that link where it says. . . . . .


Can I apply?
You can apply under this route if:

you have sole responsibility for the child; or
if the parent or carer that the child normally lives with is a British citizen or settled in the UK, but is not your partner, and you do not qualify for entry clearance as a partner.

You must provide evidence that you either have sole responsibility for or access rights to the child or that you are taking, and intend to continue to take, an active role in the child's upbringing. The documents you need to provide are listed on the application form.

You are not solely responsible for the child.

You are still married to your wife who is looking after the child now.
Re: 10 Years Ban For Overstaying In The UK. And Migrants Coming To The UK. by kazmane: 8:33pm On Jul 18, 2012
SO THAT MEANS IF I AM NOT MARRIED TO THAT WOMAN ANY MORE I CAN APPLY .

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