Overstayer afraid to leave for fear of arrest @ exit check

vijier · Post by **vijier** » Wed Oct 24, 2007 4:52 pm

Hi,
I just read in the recent immigration newsletter that there is a major change to the immigration in 2008 and that they are going to count the number of people in and OUT of the country.

As there are only occassional checks at the security now, are they going to have an immigration control at the departures? Do you have any idea when will this be implemented?

One of my cousin is overstaying and is planning to leave by mid March 2008. If this check is going to be introduced in Jan 2008 or so, I could ask her to leave the country a bit early to avoid future problems.

She is not working in the UK but then came on a visit visa and staying with our family for a bit longer- 2 months overstay.

Kindly advise.

VictoriaS · Post by **VictoriaS** » Wed Oct 24, 2007 4:58 pm

Checks are to be made more stringent, so she is going to be at risk of being issued with a removal notice when she leaves.

Victoria

Post by **archigabe** » Wed Oct 24, 2007 5:16 pm

Try not to transit through Frankfurt airport when you exit. My visa was scanned and checked on database even when I was just transiting through Frankfurt on my way to Asia from Ireland.

aniya · Post by **aniya** » Wed Oct 24, 2007 8:06 pm

hi everyone ...i think now this thread has brought up another question in my mind...
as i have overstayed in this country for a few months...as me and my husband were getting the documents together to bring to Hong kong for my spouse visa application ...
now as i read this...it has bought up another concern...what if in my luck.. i get check at the heathrow airport ...will be given that removal form...and then that will bring a big affect on my visa ...

i just dont knw now whats the best way to do then???

avjones · Post by **avjones** » Thu Oct 25, 2007 12:43 am

vijier wrote: One of my cousin is overstaying and is planning to leave by mid March 2008. If this check is going to be introduced in Jan 2008 or so, I could ask her to leave the country a bit early to avoid future problems.

She is not working in the UK but then came on a visit visa and staying with our family for a bit longer- 2 months overstay.

Kindly advise.

Advice? What on earth is she playing at? She's jepodising her chances of EVER being allowed back in the UK, and also possibly her relatives, as well. It's half-witted to overstay on a VV for no particular reason!

Rawling · Post by **Rawling** » Thu Oct 25, 2007 10:45 am

Look at the bottom of the page (entitled e-border milestones) for the home office plans on exits checks. http://www.rusi.org/downloads/assets/Ian_Neill.pdf

tinux · Post by **tinux** » Fri Oct 26, 2007 10:50 pm

Rawling wrote:Look at the bottom of the page (entitled e-border milestones) for the home office plans on exits checks. http://www.rusi.org/downloads/assets/Ian_Neill.pdf

sounds good but it is not going to work.

paulp · Post by **paulp** » Fri Oct 26, 2007 10:58 pm

The US exit-check system works pretty well.

Post by **Directive/2004/38/EC** » Sun Dec 02, 2007 8:53 am

archigabe wrote:Try not to transit through Frankfurt airport when you exit. My visa was scanned and checked on database even when I was just transiting through Frankfurt on my way to Asia from Ireland.

Were they checking your Uk or Irish visa? I wonder which databases they had access to?

sally12345 · Post by **sally12345** » Tue Dec 04, 2007 8:02 am

VictoriaS wrote:Checks are to be made more stringent, so she is going to be at risk of being issued with a removal notice when she leaves.

Victoria

Hi Victoria,

If she is stopped and issued with a Removal Notice will this affect her future application i.e. spouse visa.

I am just worried as my partner was planning on going home and returning on a spouse visa and he is an overstayer!

Not sure whether to stay and ride it out a few more years?

I give up!!!!

VictoriaS · Post by **VictoriaS** » Tue Dec 04, 2007 10:16 am

It will affect it, yes, but does not automatically mean she won't get it.

It is always better to leave voluntarily than be removed.

Victoria

sally12345 · Post by **sally12345** » Wed Dec 05, 2007 11:33 am

VictoriaS wrote:It will affect it, yes, but does not automatically mean she won't get it.

It is always better to leave voluntarily than be removed.

Victoria

Thanks Victoria,

I also wanted to ask you people are saying that you can still get married in the UK but I have had a lot of difficulties in doing so after approaching 10 churches I have decided to just go to JAMAICA and do it there.

I know that you donâ€™t need a COA for Church of England marriage however, for an overstayer you still need to obtain a â€˜Common Licenceâ€™ through the church, as marriage by Banns will not be recognised in JAMAICA!

Currently the price for the licence in question is Â£ 70 and will go up in April.

If any one wants more information please see link below!

http://www.london.anglican.org/marriages

VictoriaS · Post by **VictoriaS** » Wed Dec 05, 2007 12:33 pm

Vicars have the same obligations as registrars to make sure they are not facilitating marriages of convenience, which is why they are being so strict. It is usually only possible to marry in a church now if you are a regular church goer.

Victoria

sally12345 · Post by **sally12345** » Wed Dec 05, 2007 12:59 pm

VictoriaS wrote:Vicars have the same obligations as registrars to make sure they are not facilitating marriages of convenience, which is why they are being so strict. It is usually only possible to marry in a church now if you are a regular church goer.

Victoria

Thanks,

I am glad that you set the record straight!!!!! I know that what I have been hearing we attend church every other Sunday but it is Pentecostal! I personally think it saves time and money to get married in Jamaica. And apply from there and see how we go?

Also how many times can you appeal? And what happens if the appeal gets exhausted?

Thanks in advance

VictoriaS · Post by **VictoriaS** » Wed Dec 05, 2007 2:00 pm

You can appeal once.

If this is refused, then if the judge has made an error in law, you can ask for leave to appeal further or to have the matter reconsidered.

Victoria

Post by **archigabe** » Wed Dec 05, 2007 6:50 pm

Directive/2004/38/EC wrote:
archigabe wrote:Try not to transit through Frankfurt airport when you exit. My visa was scanned and checked on database even when I was just transiting through Frankfurt on my way to Asia from Ireland.
Were they checking your Uk or Irish visa? I wonder which databases they had access to?

The guy scanned my Irish visa on to his pocket pc...I guess they have expanded the schengen database to include even irish visas.

Dawie · Post by **Dawie** » Wed Dec 05, 2007 6:58 pm

You have to wonder what business it is of theirs!

sally12345 · Post by **sally12345** » Wed Dec 05, 2007 7:58 pm

VictoriaS wrote:You can appeal once.

If this is refused, then if the judge has made an error in law, you can ask for leave to appeal further or to have the matter reconsidered.

Victoria

Thanks Victoria,

I understand now. Is it true that it takes 6 months to have your appeal heard?

if so is it not better, to if refused a visa make a fresh appilcation rather than playing the waiting game!

foji · Post by **foji** » Tue Dec 11, 2007 2:25 pm

fatal wrote:I so desperately want to leave but I am so afraid of being arrested and detained when I leave. This is because I have overstayed my Visa. Do all the airports do exit checks? As in my case this could be defeating the purpose what's the point of arresting people who want to leave anyway? I want to go but I'm scared. I can't afford to spend time in Jail.

Help!

i think you can apply for conventional travel document for safe landing. I read little bit about travel document section at BIA website. I am still waiting a reply from experts about travel document. My case is same i want to go safe.

sally12345 · Post by **sally12345** » Tue Feb 19, 2008 1:23 pm

Jeff Albright wrote:Was leaving from Manchester on the 30th Sept for Hong Kong via Heathrow - no checks in Manchester or Heathrow.

Best bet: leave through small airports - Manchester is good. If you are connecting at Heathrow - no checks and no even security checks - were went through security in Manchester only.

Tip: use smaller airports, if not possible, book a domestic flight to Heathrow or Gatwick and then connect there to your destination flight.

Hiya Jeff, would this still apply after the new rules on overstayers??? if we leave and are not caught can we come back after the 1 year or 10 year still confusing also although we wont have had a removal notice would it not be logged on the day we left thanks.

frances2 · Post by **frances2** » Tue Feb 19, 2008 3:02 pm

Hi

Regards Gatwick.
When traveling into Gatwick on a domestic flight, you have to clear security/customs etc, then reenter through their security and immigration. I've done this connection numerous times, it's a nuisance.

Heathrow. From what I can remember, I think I would have had to clear immigration only once in Manchester, however I was in and out of Heathrow because my flight onward had been canceled. (but that's another story).

When traveling to Jamaica from Gatwick with BA there are ALWAYS desks set up with immigration checking everyone's passports before they board.

When going through Manchester airport recently it looked to me that they were picking out just black people to check. Great.....

missbenz5474 · Post by **missbenz5474** » Tue Feb 19, 2008 3:37 pm

I went to Jamaica from Manchester and they stopped me and I am white

frances2 · Post by **frances2** » Tue Feb 19, 2008 3:41 pm

missbenz5474 wrote:I went to Jamaica from Manchester and they stopped me and I am white

Oh right!
As I went through immigration, just after security @ Manchester, the only people who the I saw the immigration officers pick out were black. But I suppose I was only in this area for about 5 minutes. But considering the majority of people going through the airport were white, it stuck out in my mind.

missbenz5474 · Post by **missbenz5474** » Tue Feb 19, 2008 3:59 pm

It was strange really cos I was going down the stairs to board the plane when they stopped me and asked me sum questions

Jeff Albright · Post by **Jeff Albright** » Tue Feb 19, 2008 11:32 pm

sally12345 wrote: Hiya Jeff, would this still apply after the new rules on overstayers???

Who knows - as you see from the recent posts above that they are clamping down on illegals now and more regular checks are being made.

if we leave and are not caught can we come back after the 1 year or 10 year still confusing also although we wont have had a removal notice would it not be logged on the day we left thanks.

There have always been rumours that airlines collect the passengers data and pass it to immigration. However, it appears that those data are inconsistent and even if they were, the immigration would not have been capable of processing huge amount of data and checking them against the records from numerous databases, in particular, bearing in mind that the port files are not linked directly to Home Office files. Unless there have been recent changes/upgrades on their computer systems, it is quite difficult to determine if the departed passenger has in fact been an illegal immigrant on the basis of the information provided by airlines.

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Overstayer afraid to leave for fear of arrest @ exit check

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