Post
by helpplease! » Fri Jul 10, 2015 10:44 pm
Dear All,
Any help on how best to "Voluntarily Depart" would be extremely appreciated, i.e. without incurring any re-entry bans, considering my history below?
-19.6.13 - UK Residence permit granted, valid until 28.10.13.
-8.10.13 - Applied to extend permit
-7.11.13 - Application to extend permit refused (wrong form used)
-7.1.14 - Re applied using correct form
-30.1.14 - Application for extension refused, no right of appeal granted.
-26.2.14 - Application for permission to bring Judicial Review lodged
-21.5.14 - Application for Judicial Review refused on papers
-23.5.14 - Request for Oral hearing lodged (later received date of 28.8.14)
-4.8.14 - Applied for FLR (FP) Family Life as a Partner upon advice (I have been in a relationship with a British Citizen for over 5 years)
-28.8.14 - Judicial Review oral hearing - JR withdrawn
-6.10.14 - FLR (FP) application refused on insurmountable obstacles only, no right of appeal - Passport retained by Home Office (also my passport is now expired)
-18.12.14 - New application for permission to bring Judicial Review lodged against refusal of FLR (FP)
-9.7.15 - Application for Judicial Review refused on papers.
Now, I have an option to once again Request for Oral hearing lodged, which I have 9 days to lodge (by 15.7.15), which I may do in any event, but I have decided to "voluntarily depart" to return back to my home country, where I and my British partner can get married and I can then later return to the UK on a Spouse Visa.
However, I have certain questions which I am having difficulty finding answers for;
1. Am I officially an overstayer, even though at all times I have been either waiting to hear from my FLR (FP) application or Judicial Review applications etc? Since 28.10.13 I understand that I have not officially had a valid visa, and since 6.10.14 the Home Office has retained my passport, but since 28.10.13, I have been waiting for Judicial Review decisions or application decisions etc, and also I have always lodged the JR within the 3 month time limit etc.
2. If I am not considered overstayer, and I do voluntary depart, will I be given a ban on re-entry of 1 year 2 years 5 years?! If I am considered an overstayer, at what stage did I overstay?
3. Would it be an option for me to get a new passport from my countries (Turkey) Embassy in London, and return on this new passport without informing the voluntary departures team? Or is this a stupid idea, i.e. when leaving the UK at the airport would the immigration know of my status? I ask about this because I assume it would be easier entering Turkey with a valid passport rather than an expired one.
4. Any other ideas on how I can now leave the UK without any re-entry ban? Or, if I do receive a re-entry ban, and then my British Partner marry in Turkey, and I return as a Spouse, then does the re-entry ban still count?
5. As mentioned above, my passport is now expired as it has been with the Home Office for so long, so how does this affect things?
Any help on the above would be great, thank you.