Ban is not applicable to the following applicants;

Spouse, civil partner, unmarried or same-sex partner (Paragraphs 281 or 295A);

Fiancé(e), or proposed civil partner (Paragraph 290);

Parent, grandparent or other dependant relative (Paragraph 317);

Spouse, civil partner, or unmarried or same-sex partner of a refugee or person with humanitarian protection (Paragraphs 352A, AA, FA. FD);

Those applying to exercise rights of access to a child (Paragraph 246);

They were under the age of 18 at the time of the most recent breach of the UK’s immigration laws.

the applicant has been accepted by UKBA as a victim of trafficking (see RFL 5.7)

the applicant was in the UK illegally on or after 17 March 2008 and left the UK voluntarily before 1 October 2008 (see RFL 5.6)

@milky007

that means you wont be banned if you apply as a spouse of a british citizens, but mind you, you might be refused for other reasons but you will never be banned for overstaying.

A slight digression please. I recently completed a masters degree (MSc) in the uk and have since returned to Nigeria on time. I plan to apply for post study visa for which Im eligible. The question is, can the £2800 deposit be in a Naira equivalent account in Nigeria or must it be UK? I Ve checkd on d site and it is not explicitly specified.

Note, I returned to Naija abt 4 months b4 my student visa expired, so its nt an overstay case.

beewhyfocs
  it has to be 2800 pounds for a period of 3 months
  if u put the money in on the 10th of april it needs to be there till the 10th of july without droppiing a penny and i please reiterate make sure it dont drop when u put that money in just throw the card away
  it can be in uk account or nigerian as long as it is 2800 pounds and do remember for currency fluctuations put sufficient money in  if it is the naira equivalent 
   you can use a uk account or a nigerian account or a combination of both provided that for that 3 month period the total balance in the accounts is 3qual to 2800 excluding any overdrafts

joxiri:

  beewhyfocs
  it has to be 2800 pounds for a period of 3 months
  if u put the money in on the 10th of april it needs to be there till the 10th of july without droppiing a penny and i please reiterate make sure it dont drop when u put that money in just throw the card away
  it can be in uk account or nigerian as long as it is 2800 pounds and do remember for currency fluctuations put sufficient money in  if it is the naira equivalent 
   you can use a uk account or a nigerian account or a combination of both provided that for that 3 month period the total balance in the accounts is 3qual to 2800 excluding any overdrafts

@ joxiri
Tnx 4 d info. Yea i kno its 3 months and i plan 2 leave it as advised and preferably in a Nigeria account since im in Naija 4 nw.

Another quick one, should it be in savings or current account?

@ joxiri

A quick one again, as regards dumping the money there without transacting with the account to avoid a drop in the amount, wont that look somehow. By that approach, the statement of account might nt show as if one uses the account regularly. I hope that wl nt affect the decision! Just being curious.

@beewhyfocs
I guess you are on point by asking Joxiri the quick question!Putting on the shoes of the case officer handling your application,i would likely be suspicious as to why no activities had taken place in your account.I advise you try to use the account but do not,i repeat,do not let the sum at the end of the month go below £2,800.

Hope this helps.

Thanks for your reply segseybaba
you been of great help. The fact that uk immigration laws just change nearly every three months so that make me so unstable how to deal with the situation. And especially i've read on the forum of someone who married a british citizen but application for spouse visa was refused twice i've left UK been 2 years now and when i left i was served with a IS151A form dont know what it is exactly!!! But i also remember that after three months that i received the letter saying that my application for visa was refused got another letter stating that i was subject to removal and after one month they came to look for me at the place i was living but at that time already left that place because couldnt pay rent so went to stay at my friend place till i got the money to leave and that what i did after one month.And on the application's form for the spouse visa there are so many questions like have you ever been subject to removal or refused a visa. so that scared me having to write all these things but as i have been married my name already changed and my friend telling me not to state your first visit in the uk as i've got a different passport number and different name!!!! the first passport i had when i returned from uk i already renewed it before the wedding and after the wedding i renewed again with my spouse name. On the application form it said that you need to precise if you had other passport before and i had 2 before so if i state only the one i had before i got married so would they be able to trace whether i've been in uk before coz the 2nd i had ive been to other places on holidays except uk!!!!
Thank you ,

milky007:

Thanks for your reply segseybaba
you been of great help. The fact that uk immigration laws just change nearly every three months so that make me so unstable how to deal with the situation. And especially i've read on the forum of someone who married a british citizen but application for spouse visa was refused twice i've left UK been 2 years now and when i left i was served with a IS151A form dont know what it is exactly!!! But i also remember that after three months that i received the letter saying that my application for visa was refused got another letter stating that i was subject to removal and after one month they came to look for me at the place i was living but at that time already left that place because couldnt pay rent so went to stay at my friend place till i got the money to leave and that what i did after one month.

IS151A is a notice for administrative removal. Since you left the UK at your own personal expense, you can always apply for spouse visa but as i said you gotta meet the maintenance and accommodation requirements.

And on the application's form for the spouse visa there are so many questions like have you ever been subject to removal or refused a visa.

Thats a yes, since you have been issed IS151A, which is a removal notice, you have to tick yes on the application form and better still include a copy of the removal notice with your application.

so that scared me having to write all these things but as i have been married my name already changed and my friend telling me not to state your first visit in the uk as i've got a different passport number and different name

On the application form, they ask if ' its your first passport' you gotta be truthful, if they find out any deception in your application, then you might be refused under paragraph 320 7A or 320 11, so make sure you tell them necessary details like your maiden name or old passport details, as they cant refused based on that, except theres deception in past application

I wish you good luck but try as much as possible to be truthful if your application, since you are married to a british citizen, you are in a very good position, even if (God forbid) you get refused, you are very very likely to win at the appeal stage.

Goodluck

liliana:

@beewhyfocs
I guess you are on point by asking Joxiri the quick question!Putting on the shoes of the case officer handling your application,i would likely be suspicious as to why no activities had taken place in your account.I advise you try to use the account but do not,i repeat,do not let the sum at the end of the month go below £2,800.

Hope this helps.

Tnx so much Liliana, that was insightful. I should follow your advice as expressed!

look bewhyfocs am talking from perosnal experience dont run that account put the money there and get rid of the card so it dnt fall below its not the caseworkers business if u run the acct or not, all he wants to see is you had the money in your account for 3 months and u attain all the other points you require then he has no choice but to give you your visa because if he refused you then the judge will grant u ur visa
the points based system is straightforward and based on points theres little or no room for discretion be it in granting or refusing the visa its all about valid documentaton and thats a fact
the whole maintenance issue is one to reduce numbers
u can run the account but its best u dnt cos if you do its most likely it will drop and if it drops below by a penny no judge will be able to grant u ur visa in an appeal no matter how circumstancial ur case maybe gosh i had to get that off my chest

Tnx Joxiri. I would try and put enough money and only do little transaction with a marginal difference in balance. I sure will keep tab over the balance.

And as per the other question, which is better to use; a savings or current account?

You are meant to use a bank account to which you have instant acess so not a fixed deposit o isa account, where you have to give notification before withdrawal
so I will urge you to make sure the account is not like the above so i will assume a current account will be best because it dont fall into that category

Hi , I am trying to get some information on my situation. I overstayed in the UK for some years before leaving through an agency called the IOM (who sponsored my return) in 2008 before the new laws came out. I hold a Caribbean passport which means that I can visit the UL 6 months visa free. My problem is that I do not know if the IOM qualifies as a state funded agency, and if I would be turned back when I get to Gatwick. Can anyone help me>

Suave64:

Hi , I am trying to get some information on my situation. I overstayed in the UK for some years before leaving through an agency called the IOM (who sponsored my return) in 2008 before the new laws came out. I hold a Caribbean passport which means that I can visit the UL 6 months visa free. My problem is that I do not know if the IOM qualifies as a state funded agency, and if I would be turned back when I get to Gatwick. Can anyone help me>

Under paragraph 320 (7B) of the immigration rules subject to paragraph 320(7C), you are liable to be refuse for 5years.

Where the immigration offender has returned under the VARRP (Voluntary Assisted Returns and Re-integration Programme) scheme, you will need to be satisfied that the applicant has breached UK immigration laws. If they are an immigration offender, they will have future applications refused for five years.

source; Immigration rules

and as you know IOM comes under VARRP. So dnt try it because you will forfeit the flight fares and most likely to be returned back to your country of residence.

Hope it helps.

Hi, someone here on this forum was saying that the IOM does not classify as a state funded return. Is anyone sure of this?

Suave64:

Hi, someone here on this forum was saying that the IOM does not classify as a state funded return. Is anyone sure of this?

IOM is not public funded return programme under the immigration rules, but dont forget IOM does comes under VARRP programme under the immigration rules, and if applicant is an immigration offender, then they are liable to be refused for 5years.

Instead of listening to other individuals, why not take some time out and go through paragraph 320 7(B) yourself and you will understand better since you are in the best position to know.

@segzeybaba
Please can you send me a link to where i can read the latest UK immigration law
Anyone with the reliable link plsease
I have a a refusal which was allowed when i appealed but to my amazement the ECO still refused that i used a forged document and the have it in the verification file, though i was given a chance to re appeal which i did and got a 6months instead of the 2yrs i applied for initially
Now my fear is how do i know if my case is under the Ban or not as i was compensated with 6months instead of 2yrs i applied for due to usage of forged documents

@segzybaba
halo!i'm directing this very complicated question/situation at you,cos you've answered most questions quite well,in my opinion.my very good friend has visited the UK a few times.last time she visited sometime in 2007,she overstayed for about 3 months.we both applied for a visa renewal in early 2008 but she was denied.she appealled and lost the case.her mother inlaws sister is british and would be celebrating her 80th birthday sometime this year and my friend wants to apply for a 6 months UK visa again.the thing is,she was refused cos the immigration officer felt there was something dodgy about her landing stamp(and there was!).i'm asking for your advice because my friend has decided she's coming out clean in her next visa application.she says she'll let the british embassy know that she has previously overstayed and that she'll also tell them she had lied about being married(when she initially got her UK visa,she claimed she was married even though she wasnt!),however,she's married now(i was there! ),and she even has a kid now.she's made up her mind she's going to 'confess',but i'm not sure its a very smart decision.whats your advice please?

she can come clean but it looks most likely that she is already facing a ban

She will definately be facing a ban, and deservedly so

ok, well she wasnt and hasnt been informed she was banned.she hasnt applied for a UK visa for over 2years.how many years could she have been banned for?hope i'll be able to print out this page,to show her your replies.happy sunday everyone!

charmainee:

ok, well she wasnt and hasnt been informed she was banned.she hasnt applied for a UK visa for over 2years.how many years could she have been banned for?hope i'll be able to print out this page,to show her your replies.happy sunday everyone!

Paragraph 320 of the immigration rules was only introduced in the summer of 2008, thats why they never serve her with a 10year ban methink.

Any further application she make will be refused and surely get a 10year ban as she has use deception in her previous application, except ofcourse shes applying for a settlement visa or she was under 18years of age at the time of the most recent breach of the UK’s immigration laws or the applicant has been accepted by UKBA as a victim of trafficking or the applicant was in the UK illegally on or after 17 March 2008 and left the UK voluntarily before 1 October 2008. But i dont think shes in that category

10 years if they practised deception (which includes using false documentation) in support of a previous visa application.

The bad side is, her 10year ban will only start on the day her new application is refused, but she can wait and see the outcome of the election, if another government enters, they can change the whole set of the immigration rules in her favour but this is very unlikely and will surely take more than one year to be implemented.

Hello people, i would really appreciate if anyone could give me some clarification regarding my visa issue. There seems to be alot of well informed people on this thread. I was in the UK up until 2007 when i was served to leave voluntarily. I had entered the UK with a student visa in early 2000. I attended secondary school there and continually renewed my visa in accordance with immigration requirements.

I filed for indefinite leave to remain in the UK in 2003 when it became clear i might struggle to pay the fees for international students. My application was out of time and was on the grounds of compassionate grounds. I received no reply from the home office, and i naively took the matter lightly, probably because i had never had an issue with my immigration status.

I wrote several letters to the home office with no response, in the meantime however, i had begun my studies and by miracle i had being able to register at university even tho i had presented my old passport on which my student visa was stamped and by God's provision was able to pay the fees. In desperation i wrote to the Member of Parliament of the area where i was living. It was after his intervention that i was then told that my application had been denied and that i would be required to leave to re-enter as i no longer had legal papers.

This was in the middle of my final year at University. I decided to finish my studies first and in the summer of 2007, i called the immigration office myself to arrange for my departure, for which i fully paid. I made 2 consecutive applications upon my return for student visa which were rejected, in the 1st application, i failed to state that i had been required to leave. It is going to be three years this year since i last applied.
I would like to know if my failure to disclose my having to leave the UK might have any bearing on any application i make for tourist visa this year.

I thank you for your advice

Cross_over:

Hello people, i would really appreciate if anyone could give me some clarification regarding my visa issue. There seems to be alot of well informed people on this thread. I was in the UK up until 2007 when i was served to leave voluntarily. I had entered the UK with a student visa in early 2000. I attended secondary school there and continually renewed my visa in accordance with immigration requirements.

I filed for indefinite leave to remain in the UK in 2003 when it became clear i might struggle to pay the fees for international students. My application was out of time and was on the grounds of compassionate grounds. I received no reply from the home office, and i naively took the matter lightly, probably because i had never had an issue with my immigration status.

I wrote several letters to the home office with no response, in the meantime however, i had begun my studies and by miracle i had being able to register at university even tho i had presented my old passport on which my student visa was stamped and by God's provision was able to pay the fees. In desperation i wrote to the Member of Parliament of the area where i was living. It was after his intervention that i was then told that my application had been denied and that i would be required to leave to re-enter as i no longer had legal papers.

This was in the middle of my final year at University. I decided to finish my studies first and in the summer of 2007, i called the immigration office myself to arrange for my departure, for which i fully paid. I made 2 consecutive applications upon my return for student visa which were rejected, in the 1st application, i failed to state that i had been required to leave. It is going to be three years this year since i last applied.
I would like to know if my failure to disclose my having to leave the UK might have any bearing on any application i make for tourist visa this year.

I thank you for your advice

You might be subject to a 10year ban for past deception ( not declaring you have been removed or asked to the United Kingdom) except you are applying for settlement visas, when next you apply for non-settlement visa.

It can be worth requesting for your Subject Access(SAR) from the Home office and see what record of you they have at hand.

My advice is dont apply with the help of a well trained immigration adviser, because you might end up wasting your money and time.

Goodluck

Thanks for the speedy reply. In the second application which i made. i wrote a comprehensive letter, on the advice from an adviser at the Immigration advisory in the UK explaining my immigration status thoroughly and i included all documentation and correspondence i had received from the home office throughout my stay in the UK. I even included the letter from the member of parliament of the area i was living showing that my prolonged overstay was actually as a result of a delay in the home office responding to my application. Although the application was also rejected, it was on the grounds that i had not showed the source of the funds i had presented in my application. This was before the advent of the points based system which was introduced in 2008 and the subsequent rule changes. Is it possible that the second application was also rejected on the same grounds as the first application, although not stated. I am asking this because the reasons given in the refusal letters on both cases were completely different. I need to know as i plan to go for postgraduate studies in a few years, after some work experience.

PS how do i go about obtaining the subject access which you mentioned. I really do hope its not as bad as the 10 years you earlier stated.

Thanks once again

Cross_over:

Thanks for the speedy reply. In the second application which i made. i wrote a comprehensive letter, on the advice from an adviser at the Immigration advisory in the UK explaining my immigration status thoroughly and i included all documentation and correspondence i had received from the home office throughout my stay in the UK. I even included the letter from the member of parliament of the area i was living showing that my prolonged overstay was actually as a result of a delay in the home office responding to my application. Although the application was also rejected, it was on the grounds that i had not showed the source of the funds i had presented in my application. This was before the advent of the points based system which was introduced in 2008 and the subsequent rule changes. Is it possible that the second application was also rejected on the same grounds as the first application, although not stated. I am asking this because the reasons given in the refusal letters on both cases were completely different. I need to know as i plan to go for postgraduate studies in a few years, after some work experience.

PS how do i go about obtaining the subject access which you mentioned. I really do hope its not as bad as the 10 years you earlier stated.

Thanks once again

If your second application was refused on entire different reasons, that might be a good thing but all depends on when your second application was refused as the 'automatic refusal(ban)' was only introduced in 2008. Applying for a tourist visa will be very hard, as they might be thinking you can intent staying permanent based on your past immigration history.
But that dont mean you cant try it if you have good reasons and well documented family ties.
As for the subject access, you should request that from the home office with a payment of £10.
I wish u all the very best.

Segzybaba, are you an immigration lawyer of some sort, if not how do you have such info at your disposal.lol
Anyways, the second application was refused in late 2007. Is that to say that a potential ban would not be applicable in my case? I am going to take time to digest the immigration rules on the UKBA website, which from an initial glance covers a multitude of scenarios. As regards the tourist visa, i have not applied for any type of UK visa in the past 3 years now and in that period have completed my NYSC and also working. I believe this demonstrates my re-settlement here and with a healthy bank account, i should think a visitor visa should not be impossible, or am i mistaken? If our country's educational system was sound, nothing would have prompted me to go abroad in the first place. I have been able to track down info regarding the SAR and will be taking appropriate action.

On a separate issue, with the new government having to cut spending to reduce deficits, the cynic in me believes that in order to raise more revenue from their foreign missions, the UKBA will be rejecting unprecedented amounts of visa applications. I can't imagine how much they make presently from non refundable visa fees. The funny thing though is that i dont know what level of visa fees would actually reduce the amount of applications at their high commission in Nigeria. Let me know your thoughts on this.

Anyways baba, more grease to your elbow, keep shinning

Cross_over:

Segzybaba, are you an immigration lawyer of some sort, if not how do you have such info at your disposal.lol
Anyways, the second application was refused in late 2007. Is that to say that a potential ban would not be applicable in my case? I am going to take time to digest the immigration rules on the UKBA website, which from an initial glance covers a multitude of scenarios. As regards the tourist visa, i have not applied for any type of UK visa in the past 3 years now and in that period have completed my NYSC and also working. I believe this demonstrates my re-settlement here and with a healthy bank account, i should think a visitor visa should not be impossible, or am i mistaken? If our country's educational system was sound, nothing would have prompted me to go abroad in the first place. I have been able to track down info regarding the SAR and will be taking appropriate action.

On a separate issue, with the new government having to cut spending to reduce deficits, the cynic in me believes that in order to raise more revenue from their foreign missions, the UKBA will be rejecting unprecedented amounts of visa applications. I can't imagine how much they make presently from non refundable visa fees. The funny thing though is that i dont know what level of visa fees would actually reduce the amount of applications at their high commission in Nigeria. Let me know your thoughts on this.

Anyways baba, more grease to your elbow, keep shinning

1. Im not an immigration lawyer/adviser. You can go on the website and study afew more, and everything will be at ease.
2. Your second application, dont mean you are not liable to a ban,
3. Luckily for you, you might only be banned for 1year, depending on your cirumstances then, since you last applied 3years ago, your ban might have already been served(Good scenario)
4. If you can demonstrate beyond reasonable doubt that you will return back to nigeria with tastefully presented evidence, that will surely work in your favour, even if you get refused (but not banned) and apply for a family visit visa, you will get full right of appeal, which you can then utilize with the help of a well trained adviser.
Visitor visa is not impossible, as you are acting within the immigration rules, no ban on you, you have a good job and good bank balance and good family/social ties.
Try get the SAR and see for yourself what information of you they currently hold and you can take it from there.
Goodluck again

@ crossover
did you notify the homeoffice when you were returning and were you served with notice of removal documents
my understanding is there is a clear difference between a removal and deportation and in your case you say you left voluntarily however apparently in the high commission in nigeria they treat both removal and deportation as the same which is wrong and if your removal was considered a deportation you might have been subject to a ban
a friend is in a similar situation and despite reassurances when he made his voluntary return there is no actual documetn that says he is not subject to a ban all he has is word of mouth and he was issued with removal documents
an overstayer is subject to a 1 year ban automatically i am aware you were waiting outcome of an application which means u were nt an overstayer but they will still say u were technically an overstayer, its a very grey area tbh and maybe when you apply in future you download the ukba documents where it says if u were waiting outcome of an applicrtion u re not deemed an overstayer

@joxiri

I did inform the home office and was served with the two letters, IS151A and IS96(self check-in).What i am trying to ascertain is whether i have a 10 year ban on my name, which would be pretty disastrous really. Another member on this thread suggested i obtain a subject access request (SAR) which i am making efforts to obtain. I am also considering getting an immigration lawyer, who might be able to clarify some of the grey areas. Essentially, the home office kept my application between 2004 and 2006 without a word, despite calling them, writing etc requesting to know the status of the application. It took the intervention of an MP before i was answered. I did overstay because after i received their response in late 06, i was in my final year. There was no way i was gonna abandon that, so i eventually returned in 07.

As you mentioned, overstaying is an automatic one year ban. However, when i returned in 07, i made 2 applications for student visa (unaware of the ban). The 1st was rejected because i had not stated the fact that i had previously overstayed, the 2nd was also rejected, although i had written a letter explaining the circumstances of my previous immigration status. The reason for the rejection was however different on that occasion (that i did not present letter from university allowing me to resume later and source of funds).

Based on the two responses, in your opinion, do you think i might have incurred the 10 year ban as a result of my non disclosure in the first application??

@ crossover
From what you have said there's a good chance you might be facing 10 year ban if your application was made after 1st April 2008, not sure when you made yours,
Because the embassy does not disclose if you are on a ban which is silly so unless u ask any subsequent application will be rejected without informing you of the ban so I do suggest you find out if you are on a ban
I do hope not

In your 1st application crossover did you attach ur notification for removal with your application
And do you have any close family in the uk who can attend an appeal hearing if you did decide to appeal a rejection