Overstaying - Legal Aspect

[Wanderer]

It's interesting reading here that the ECO's now seem to be taking a dim view of overstaying, even counting against an application for legal settlement.

I just asked my gf about what she, as a person in the UK on a time-limited visa, what she thought of overstaying. She thinks it's never excusable and must be some sort of offence.

Which made me think, is it ever excusable and more importantly, it overstaying actually an civil or criminal breach of the Law? If it is then aren't ECO's justified in treating it as such?

Excusable? If it where me I'd always give someone one chance, but it's not me making the decisions....

[vinny]

See also OEM Section B, Chapter 10 - Persons liable to administrative removal under section 10 (10.2 Criminal offences):

In addition, it is an offence under section 24(1)(b ) of the 1971 Act for a person to knowingly overstay or otherwise knowingly fail to observe a condition of leave. However, the 1999 Act provides for removal to be carried out under the administrative arrangements contained in section 10 (as above) for which there is no requirement that the person must knowingly have overstayed or otherwise knowingly failed to observe a condition of their leave.

[sammie121]

She thinks it's never excusable and must be some sort of offence.

Easy to say until different situations/circumstances come into play..................

[Wanderer]

She thinks it's never excusable and must be some sort of offence.

Easy to say until different situations/circumstances come into play..................

And what are those?

[ilm]

I think a few 'overtsayers' do not take the seriousness of their breaking the law seriosuly enough. All too often we hear from those who feel it is not their fault they overstayed their visa and that their case is somehow more important than others.

We have seen a few cases lately where overstayers claim to have been refused settlement visas, where, in the past they may have been accpeted however, reading the actual reasons for refusal, there is more to it than just overstaying and more to do with the overstaying being used to doubt other points.

When we made an application we were very carefull to fully document my wifes history in the UK and attempted to justify her position and reasons for doing so. I wonder if some of the recent applications trivialise and attempt to deny responsibilty for the overstay and this is where the HO are applying the rules more strictly? I may be wrong but I believe an application that fully demonstrates the rules of a settlement visa are satisfied, inspite of an overstay, is likely to be accepted.

If this is what is happening I believe the HO have got it right. Overstaying does cast doubt on the applicaition and it is up to the applicant to demonstrate it is genuine.

What will be interesting is how the appeal courts judge these cases and how much weight they give to 'overstaying'.

[avjones]

It's always been the case that overstaying has cuased ECOs to doubt other aspects of a claim.

WHat is new, however, is that overstaying in itself is being used to refuse under the general grounds.

[OL7MAX]

Amanda, do you know of any other cases... or are you referring to the one thread that came up here which the OP is not replying to anymore?

[avjones]

The 2 mentioned on the boards were the first I've ever come across.

Since then, I've come across two more through my work.

[Dawie]

I personally don't think overstaying is any more serious than picking your nose or wiping your bum. But then that's because I'm an open border advocate and I don't that there should be ANY conditions attached to ANYONE's stay.

[SYH]

It isn't really a legal issue, it is an admintrative issue that leads to a legal issues.