Please advise. Overstayed for more than 1 yr. want to leave

foji · Post by **foji** » Mon Dec 10, 2007 3:31 pm

Hi everyone,

I need your advise and help. I am an indian citizen. I came to this country on 5 Feb. 2004 on student visa.
On 16 Nov. 2005 i was granted Further Leave to Remain in the UK as student untill 31 July 2006 in order to resit two of my exams.

On 21 July 2006 i applied for further extension of leave to remain here to study untill July2007. My application was refused on 6 Sept 2006. I appeal against the decision but my appeal dismissed by AIT judge on 3 Nov. 2006.

My solicitor again filed an application on 14 Nov. 2006 for reconsideration of the AIT on an appeal. Administrative Court dismissed the appeal and sent notice of decision to my solicitor on 29 Nov. 2006. But i didn't know about the decision untill i changed my solicitor in July 2007.

I finish my studies this year in July and got the degree in Sept. I was a genuine student and paid around Â£15000 for my course. Now my job is done, i wanna leave the country. I just wanna know about safest way to leave the country. I havn't committed any offences. I have overstayed for more than a year, does this effect my future application to other countries?

I read on BIA website about one way travel doucment i.e. IS137. Should i apply for this IS137 or buy flight ticket myself and leave from birmingham airport?

Please advise me.

Thanks

paulp · Post by **paulp** » Tue Dec 11, 2007 8:02 pm

It may be better to leave on your own, without involving anybody else.

SYH · Post by **SYH** » Tue Dec 11, 2007 8:20 pm

For the most part, overstayers who want to leave. Just go.
Overall, BIA is still not cracking down heavily on any airports. It is random and it is just bad luck if you are stopped.
The obvious choice is to not to fly out of are Heathrow and Gatwick.
If you want a really good airport to leave from I'd take City Airport. Its a business traveler airport and that is last airport they'd be looking for overstayers.

foji · Post by **foji** » Tue Dec 11, 2007 9:12 pm

paulp & syh thanks for your response. I got your point. So according to you guyz i don't need to apply.

i was really a genuine student. Now i have a degree of B.Sc. Comuting Sc.

Should i buy my own ticket & leave? If i get caught by immigration officer than what would i say?

I really thankfull to you guyz.

Cheers

SYH · Post by **SYH** » Tue Dec 11, 2007 9:21 pm

foji wrote:paulp & syh thanks for your response. I got your point. So according to you guyz i don't need to apply.

i was really a genuine student. Now i have a degree of B.Sc. Comuting Sc. from staffs uni.

Should i buy my own ticket & leave? If i get caught by immigration officer than what would i say?

I really thankfull to you guyz.

Cheers

Dont say you were a genuine student. You weren't. You overstayed and that's that. Your story is weak too so you are getting me upset with you didn't know any better until you got your second attorney. You are responsible to know your status and to not know until another 6 month is all together unacceptable.
You tell him I am leaving now, please dont mark up my passport. Sorry for being irresponsible.
I dont understand why people have to keep repeating info already given to them. Yes go buy your own ticket and leave

Hiro · Post by **Hiro** » Tue Dec 11, 2007 10:08 pm

Try Manchester as well. But leave asap. Imagine, heaven forbid, that you are caught somehow on the streets or they track you down, pay you a visit and get deported. A graduate deportee....not god. You can always find a solid job. You have a degree and need not be desperate to stay or prolong your stay any longer. Its time to get work experience now...

SYH wrote:
foji wrote:paulp & syh thanks for your response. I got your point. So according to you guyz i don't need to apply.

i was really a genuine student. Now i have a degree of B.Sc. Comuting Sc. from staffs uni.

Should i buy my own ticket & leave? If i get caught by immigration officer than what would i say?

I really thankfull to you guyz.

Cheers
Dont say you were a genuine student. You weren't. You overstayed and that's that. Your story is weak too so you are getting me upset with you didn't know any better until you got your second attorney. You are responsible to know your status and to not know until another 6 month is all together unacceptable.
You tell him I am leaving now, please dont mark up my passport. Sorry for being irresponsible.
I dont understand why people have to keep repeating info already given to them. Yes go buy your own ticket and leave

foji · Post by **foji** » Tue Dec 11, 2007 10:14 pm

Thanks everyone. if you see my file you can say i was a genuine student (fees-15000, got everything from my uni i.e. about attendence, progress etc. I got everything to prove but it doesnt woth it now (but can prove that i was a genuine student, studying. I done a mistake only a little one( I contacted my old solicitor many times but she said she didnt get any reply from Administrative Court, i don't know why). I came to know only when my new solicitor got my file in which he saw the reply from high court(administrative court)was dismissed. I can discussed my case more but i think its not worth to discuss it now because we cannot do anything.

I just want to go. I am not sure about departing and arriving procedure. But really want to know. From birmingham there is no direct flight and all flights are in daytime. does this make any difference?

I really appreciate your advise experts.

Thanks

SYH · Post by **SYH** » Tue Dec 11, 2007 10:54 pm

Stop sending me private messages. You dont understand my point. You overstayed, I don't care you were studying.
Being a student doesn't absolve you so you can overstay
Take responsibility for yourself and grow up

foji · Post by **foji** » Tue Dec 11, 2007 11:12 pm

[/quote]

Dont say you were a genuine student. You weren't. You overstayed and that's that. Your story is weak too so you are getting me upset with you didn't know any better until you got your second attorney. You are responsible to know your status and to not know until another 6 month is all together unacceptable.
You tell him I am leaving now, please dont mark up my passport. Sorry for being irresponsible.
I dont understand why people have to keep repeating info already given to them. Yes go buy your own ticket and leave[/quote]

Thanks syh for your resosponse. I sent you private message sorry for that. I just asked for the reason, do you think that you have the right to say that i am not a genuine student at board when i already mentioned that i was a genuine student . I hadn't said anything here but only in private message i told little bit about my problem.

I dont want to stay here( as i said). I want to leave and wants to know the safe way to leave the country and arrive my homeland

Thanks alot for your time to give me some help.

OL7MAX · Post by **OL7MAX** » Wed Dec 12, 2007 10:24 am

While it's everyone's own responsibility to ensure the legality of their stay it is not impossible that a less than professional solicitor can frustrate the occasional - and otherwise genuine foreigner - seeking to extend his stay legally. The UK has more than its fair share of useless lawyers and I know several.

That the OP attempted to get a legal extension, and now wants to leave the country on completion of his studies, suggests he's not the average illegal immigrant.

The laws make no exception for someone who has overstayed through a third party's fault, and it's possible this was a third party's fault. That he is not legal now is not in dispute. To claim that he was never legal is ludicrous, especially in the face of bachelor's degree he earned here. They guy just wants to leave - is there nobody else with any advice for him?

SYH · Post by **SYH** » Wed Dec 12, 2007 10:47 am

OL7MAX wrote:While it's everyone's own responsibility to ensure the legality of their stay it is not impossible that a less than professional solicitor can frustrate the occasional - and otherwise genuine foreigner - seeking to extend his stay legally. The UK has more than its fair share of useless lawyers and I know several.
Nothing is impossible. Just to not know any better for 6 months is ridiculous
- is there nobody else with any advice for him?

What about you?

OL7MAX · Post by **OL7MAX** » Wed Dec 12, 2007 11:27 am

Apart from what's been covered here already - like choosing the airport carefully - I have no knowledge to share on the subject. But I'd like to see the thread develop with advice that that OP is looking for rather than focusing on a hunt to determine primary culpability for the transgression.

SYH · Post by **SYH** » Wed Dec 12, 2007 11:34 am

OL7MAX wrote:Apart from what's been covered here already - like choosing the airport carefully - I have no knowledge to share on the subject but I'd like to see the thread develop with advice that that OP is looking for rather than focusing on a hunt to determine primary culpability.

Well arent you holier than thou.
He kept harping on how he is a genuine student and all I told him was to stop using that as an excuse. Plus you aren't privy to the bombardment of emails he has sent me still spouting his status of a student as some kind of shield to his ignorance regarding his status.
So its no wonder I keep reiterating that he has take responsibility for his actions. It is no hunt. It is simply I am not buying his excuse and he better wise up now because neither will the immigration officer should he get caught. Thats very good advice because if he keeps saying well I was a genuine student. I am sure the IO will just mark his passport so he can't come back. So the advice is to get a clue and leave quickly.

Sorry you have nothing more to offer than what I have already provided.

gordon · Post by **gordon** » Wed Dec 12, 2007 11:52 am

I think everything the OP needs has already been covered in the following thread, which the OP presumably will already have read:
http://www.immigrationboards.com/viewtopic.php?t=19570

On the basis of the overstay, given the lapse of the OP's student immigration status a year ago, it covered exit checks (random), detention (most unlikely), choice of airport (smaller airport, like Manchester, even if transferring later through LHR or LGW), removal notice (possible) and report to WICU (only when overstay is 'considerable'). I am sure there is no cause for the OP otherwise to be concerned about his 'safe' return home.

OL7MAX · Post by **OL7MAX** » Wed Dec 12, 2007 1:39 pm

Holier than thou is something those who've got ILR can afford to be

He was a genuine student but is an overstayer now. He is attempting to do the right thing by leaving rather than going underground. That's a useful link, gordon, thanks. Dawie says in there that it doesn't make sense for them to detain someone who's already on their way out. I'm not so sure. This is a very target oriented administration. Surely people exiting of their own accord are easy prey to inflate that tally of "illegal immigrants we've caught"? I don't have any evidence of that, of course, but soft targets are soft targets. We've arrested 1,000 illegal immigrants last week sounds better than "we've arrested 3 illegal immigrants and 997 left of the own accord". The Daily Mail would scream: Open borders - it's easier for illegal immigrants to leave and return than it is for British nationals!

I don't want to alarm the OP unnecessarily but there is always a small risk of being "picked up".

Do the people smugglers operate only to get people into the UK? I suppose there's not that much of demand going in the other direction. Is it even an offence to leave the country surreptitiously?

foji · Post by **foji** » Wed Dec 12, 2007 2:38 pm

Thanks very much everyone.
Can i apply for one way travel document IS137 if this is safe way for leaving and arriving?

gordon · Post by **gordon** » Wed Dec 12, 2007 2:56 pm

foji wrote:Thanks very much everyone.
Can i apply for one way travel document IS137 if this is safe way for leaving and arriving?

What has become of your Indian passport, or why can you not travel on it ?

foji · Post by **foji** » Wed Dec 12, 2007 3:09 pm

thanks for your reply. I still got my indian passport without a valid visa.

SYH · Post by **SYH** » Wed Dec 12, 2007 3:27 pm

OL7MAX wrote:Holier than thou is something those who've got ILR can afford to be Smarty pants

He was a genuine student but is an overstayer now. I think you TOO are missing the point. Completing the degree while being an overstayer is not something to be proud of and certainly will not impress the immigration officer. ![/b]

I don't want to alarm the OP unnecessarily but there is always a small risk of being "picked up". But I am going to anyway with people smuggler remark below
Do the people smugglers operate only to get people into the UK? I suppose there's not that much of demand going in the other direction. Is it even an offence to leave the country surreptitiously?

gordon · Post by **gordon** » Wed Dec 12, 2007 3:51 pm

foji wrote:thanks for your reply. I still got my indian passport without a valid visa.

The lapse of your leave to remain does not mean that you do not have leave to leave, as it were, using your valid passport.

At any rate, the IS 137 won't be of much use to you because:
- you would need documentation that your home country refuses to issue you a travel document or replacement passport, and
- the application for IS 137 includes a declaration from you that you are in the UK - and you presumably want to stay away from doing anything that explicitly confirms to the HO that you are (still) here without leave.

Twin · Post by **Twin** » Wed Dec 12, 2007 3:56 pm

SYH wrote:
OL7MAX wrote:Holier than thou is something those who've got ILR can afford to be Smarty pants

He was a genuine student but is an overstayer now. I think you TOO are missing the point. Completing the degree while being an overstayer is not something to be proud of and certainly will not impress the immigration officer. ![/b]

I don't want to alarm the OP unnecessarily but there is always a small risk of being "picked up". But I am going to anyway with people smuggler remark below
Do the people smugglers operate only to get people into the UK? I suppose there's not that much of demand going in the other direction. Is it even an offence to leave the country surreptitiously?

I think positions are now open for people like yourself at the Home office and AIT.

With people like you around, foreigners are guaranteed hell in the UK...but eh! Aren't people like you running the HO and AIT, already?

paulp · Post by **paulp** » Wed Dec 12, 2007 8:54 pm

foji, as others have said, you do not want to further draw the HO's attention on you and you certainly don't want them to keep any record that you have overstayed all this time.

Get your ticket and leave. And pray that you do not encounter any immigration official on the way out.

foji · Post by **foji** » Wed Dec 12, 2007 10:36 pm

Thanks very much everyone. I really appreciate your advise. I'll be leaving soon.

Hiro · Post by **Hiro** » Thu Dec 13, 2007 3:02 am

SYH relax mate. This guy (the overstayer) is just plain scared right now. I bet his reason for overstaying was sheer determination to complete the degree. Good for him - degree is for life!!!!

Mate, your intentions where to get the degree, you got it now go get some work experience back home. Its unfortunate somewhere down the line your application was declined. Guess what, this happens to both genuine and not genuine people all the time. I won't make any judgements on whether you were genuine but the HO judged otherwise.

By the way, the more you keep on posting your personal details, the more attention you are bringing to yourself ie staffs uni, nationality. If I was in the HO deporting department (and I'm sure they read this forum), I would easily find you. If you use a smaller airport, you will eventually go via heathrow but just check in all the way to India at the smaller airport. And try not to bring too much attention to yourself at the airport. Just be yourself and if you are approached, heck, there is no harm in saying you had gone through an appeal court etc and leaving voluntarily.

In all, look forward to going back home and making your millions in India. I'm not Indian but I've read that its got a booming class of global business people...

All the best mate!!!!

SYH wrote:
OL7MAX wrote:Holier than thou is something those who've got ILR can afford to be Smarty pants

He was a genuine student but is an overstayer now. I think you TOO are missing the point. Completing the degree while being an overstayer is not something to be proud of and certainly will not impress the immigration officer. ![/b]

I don't want to alarm the OP unnecessarily but there is always a small risk of being "picked up". But I am going to anyway with people smuggler remark below
Do the people smugglers operate only to get people into the UK? I suppose there's not that much of demand going in the other direction. Is it even an offence to leave the country surreptitiously?

foji · Post by **foji** » Fri Dec 14, 2007 9:37 am

Thanks once again everyone for your help. I'll be leaving soon. I booked my flight.

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Please advise. Overstayed for more than 1 yr. want to leave

Please advise. Overstayed for more than 1 yr. want to leave

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overstayer wants to return.....please help if u can..