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Hello Mr Rusty, Thankyou and I also just wanted to ask if an overstayer returning home at the airport given a stamp in his/her passoprt something like overstayer/illegal entrant would this also have an affect on the case? just wondered as I know a friend that wants to return but is scared! ThanksMr Rusty wrote:In reply to the 2 previous posts, the proposed Rules do say that if you overstay (or enter illegally), and leave voluntarily (i.e. without being arrested and served with a notice that you have committed an offence), any application within 1 year would automatically be refused.
Sally12345 raises an interesting point, because the corollary of imposing such a ban might be that it could be deemed unreasonable to refuse someone who waited a year and then sought entry or entry clearance solely on the grounds of their offence. I think such a refusal could be subject to judicial challenge. The IO or ECO might include the offence as evidence that someone did not intend to comply with their visa, but only in conjunction with other matters.
But that is speculation on my part, who knows what will happen. As always when new laws are introduced, particularly in the field of immigration, the biggest gainers are the lawyers.
If it happens after these new rules come into effect, I think it would. It states a one year ban if the individual leaves voluntarily, 10 years if given a deportation/removal order. The way I read it, is if someone was served with a IS151 at the airport when leaving, he/she has been served with a removal order and then would be subject to the 10 year ban. It really sucks, and I hope I'm reading it wrong, but that's how I see it.Hello Mr Rusty, Thankyou and I also just wanted to ask if an overstayer returning home at the airport given a stamp in his/her passoprt something like overstayer/illegal entrant would this also have an affect on the case? just wondered as I know a friend that wants to return but is scared! Thanks
Hiya OMG OMG you are so right this could mean that if leaves and is served with such an order at the airport then of course it would be a 10 year ban.. and what sacres me is that everyone I know gets stop and has a stamp in the passport so what should as overstayer do? this is madness man pure madness and your right it sucks big time.... xxxxyankeegirl wrote:If it happens after these new rules come into effect, I think it would. It states a one year ban if the individual leaves voluntarily, 10 years if given a deportation/removal order. The way I read it, is if someone was served with a IS151 at the airport when leaving, he/she has been served with a removal order and then would be subject to the 10 year ban. It really sucks, and I hope I'm reading it wrong, but that's how I see it.Hello Mr Rusty, Thankyou and I also just wanted to ask if an overstayer returning home at the airport given a stamp in his/her passoprt something like overstayer/illegal entrant would this also have an affect on the case? just wondered as I know a friend that wants to return but is scared! Thanks
Exactly. I've never seen the point of issuing a removal order to someone who is already leaving, but maybe that's just me. And I certainly don't see the point in it now other than to keep people out for 10 years. I don't even know what the word would be for it. Obnoxious? Cruel? Sadistic?
This is a good question, and one which hasn't been address at all. I am hoping that ILPA will get on board with this. If it turns out that someone leaving voluntarily could still get a 10 year ban then no one will ever leave.
Yankeegirl, it actually says 10 years if the offender was removed or deported.yankeegirl wrote:If it happens after these new rules come into effect, I think it would. It states a one year ban if the individual leaves voluntarily, 10 years if given a deportation/removal order. The way I read it, is if someone was served with a IS151 at the airport when leaving, he/she has been served with a removal order and then would be subject to the 10 year ban. It really sucks, and I hope I'm reading it wrong, but that's how I see it.Hello Mr Rusty, Thankyou and I also just wanted to ask if an overstayer returning home at the airport given a stamp in his/her passoprt something like overstayer/illegal entrant would this also have an affect on the case? just wondered as I know a friend that wants to return but is scared! Thanks
In essence, you are right. The difference in earnings will always be a strong driver for illegal immigration. However, the UK has been very very lax lately with the removal of exit control in the mid 90s.Hernancortes wrote:They can bring in the most draconian laws in the world but it will NOT solve the issue at hand. People are only here for the chance to earn a living and remit monies home to pay for education, health care, business opportunities and feed their families.
Until the inequalities between the west and developing countries are addressed, migration cannot be halted into the west.
Put up barriers, use the royal navy, id cards etc. None of these will reduce the movement of people into the UK. Unless there's a recession.
Probably the worst news of my life!VictoriaS wrote:The bad news is...this has been addressed...and BIA have said that those given removal notices whilst they are about to leave voluntarily are still stuffed for 10 years like everyone else...
...sorry guys.
Victoria
I guess they're thinking of those who take the Assisted Voluntary Repatriation route.Twin wrote:Probably the worst news of my life!VictoriaS wrote:The bad news is...this has been addressed...and BIA have said that those given removal notices whilst they are about to leave voluntarily are still stuffed for 10 years like everyone else...
...sorry guys.
Victoria
How did they explain those who leave voluntarily on public funds, then? Does it mean that those didn't leave after 28 and calls the HO for assistance to leave only gets 5 years? Is it really possible for the HO to pay their air fare and not issue them with a removal notice?
Very confusing!
Hmm...seems like it to me too.Mr Rusty wrote:I guess they're thinking of those who take the Assisted Voluntary Repatriation route.Twin wrote:Probably the worst news of my life!VictoriaS wrote:The bad news is...this has been addressed...and BIA have said that those given removal notices whilst they are about to leave voluntarily are still stuffed for 10 years like everyone else...
...sorry guys.
Victoria
How did they explain those who leave voluntarily on public funds, then? Does it mean that those didn't leave after 28 and calls the HO for assistance to leave only gets 5 years? Is it really possible for the HO to pay their air fare and not issue them with a removal notice?
Very confusing!
That is a BRILLIANT point. I am going to see if I can get a response.Twin wrote: What interests me particularly is the category of 'Persons Exercising Rights to a child Resident In the UK' where a court order states clearly that you have residence order which can only be exercised in the UK. Would the ECO just say: "surd it! You overstayed so you lose your right to be with your child, so I don't care about no court order"?
If you have two more years to meet the 14 years rule why then are you considering returning home? Is it because you wouldn't be able to work or get on with life? I know the feeling. Ideally, it would have been most appropriate to return home and apply for entry clearance as this shouldn't take more than 6 months but giving this new changes, one isn't so sure.thelastman wrote:Absolutely not fair. Please consider this situation;
If an illegal entrant was thinking of leaving voluntarily at his own expence but for the purpose of applying at the home country for Entry clearance as spouse of a UK citizen. Does the ban still apply. the ban seems it can be anything from 1-5 years depending how lucky you are when leaving. might have to leave illegally as well so as to not leave any record. will they expect me to live at least a year without my partner? ( not gonna happen)
seem its better to stay for two more years and apply for a 14 years rule.
In a way they are encouraging rule breakers to stay and avoid trying to document themseves. Are they not suppose to be encouraging people to become legal so they know who is in the country, not force them into hiding by this harsh punishments.
Please reply.....
I think you're right, Victoria.VictoriaS wrote:Is the 14 year rule still going to apply, whent he changes to the general grounds of refusal will also apply to in-country applications for leave to remain?
I just don't know.
Victoria
Which also means that the concessions i.e DP/069/99 and DP3/96 will be made redundant too!VictoriaS wrote:Is the 14 year rule still going to apply, whent he changes to the general grounds of refusal will also apply to in-country applications for leave to remain?
I just don't know.
Victoria
Maybe, just maybe (please I emphasise on "maybe" as I don't want some of the gurus to scold me for giving wrong advise), if you return home on a Travel Certificate, you could return after a year. I guess if you don't have a passport then the Immigration officer cannot serve you a removal notice on a TC (or can he?).thelastman wrote:Absolutely not fair. Please consider this situation;
If an illegal entrant was thinking of leaving voluntarily at his own expence but for the purpose of applying at the home country for Entry clearance as spouse of a UK citizen. Does the ban still apply. the ban seems it can be anything from 1-5 years depending how lucky you are when leaving. might have to leave illegally as well so as to not leave any record. will they expect me to live at least a year without my partner? ( not gonna happen)
seem its better to stay for two more years and apply for a 14 years rule.
In a way they are encouraging rule breakers to stay and avoid trying to document themseves. Are they not suppose to be encouraging people to become legal so they know who is in the country, not force them into hiding by this harsh punishments.
Please reply.....