Good News For Overstayers??? But If They Act Fast!

Twin · Post by **Twin** » Tue Mar 18, 2008 2:25 pm

I am somewhat relieved to read and post this news on here today.

Apparently, Liam Bryne has come to his partial sense and given some form of concession to overstayers to sort their status out. Overstayers now seem to have till the 1st of October to get their acts together by returning home and making the necessary application for entry clearance.

It's time to get the skates on!

http://freemovement.wordpress.com/2008/ ... immigrants

yankeegirl · Post by **yankeegirl** » Tue Mar 18, 2008 2:57 pm

Brilliant find Twin!!!

sunny9675 · Post by **sunny9675** » Tue Mar 18, 2008 3:26 pm

brilliant trick to get rid of these overstayers and improve recordes

olisun · Post by **olisun** » Tue Mar 18, 2008 4:01 pm

sunny9675 wrote:brilliant trick to get rid of these overstayers and improve recordes

And what's wrong about it??

olisun · Post by **olisun** » Tue Mar 18, 2008 4:01 pm

Twin wrote:I am somewhat relieved to read and post this news on here today.

Apparently, Liam Bryne has come to his partial sense and given some form of concession to overstayers to sort their status out. Overstayers now seem to have till the 1st of October to get their acts together by returning home and making the necessary application for entry clearance.

It's time to get the skates on!

http://freemovement.wordpress.com/2008/ ... immigrants

I wonder how many will actually take advantage about it

Twin · Post by **Twin** » Tue Mar 18, 2008 5:17 pm

sunny9675 wrote:brilliant trick to get rid of these overstayers and improve recordes

No doubt!

salimnina · Post by **salimnina** » Tue Mar 18, 2008 6:58 pm

how about f someone as me who stayed here for a decade am l going to have the visa lf l go back ls that guaranteed?

Twin · Post by **Twin** » Tue Mar 18, 2008 7:27 pm

salimnina wrote:how about f someone as me who stayed here for a decade am l going to have the visa lf l go back ls that guaranteed?

I see no reason why your application should be refused if you meet all the requirements. There is a slight possibility that you could still be refused for overstaying but at least you get to appeal and know your fate in less than a year unlike waiting in limbo not knowing if it would take the HO 3 or 5 years to decide your case. Bear in mind also that whilst waiting, you are not allowed to work.

If you have the Legacy route available to you, then wait but if you have a spouse or are in a relationship that's been subsisting for 2 or more years then i'd advise to go home and sort things out before the 1st of October.

All the best.

Mr Rusty · Post by **Mr Rusty** » Tue Mar 18, 2008 7:28 pm

salimnina wrote:how about f someone as me who stayed here for a decade am l going to have the visa lf l go back ls that guaranteed?

No, of course not. Mr Byrne's sensible and pragmatic concession means that overstayers who clear out before October will not be automatically disbarred from applying, but they still have to qualify for a visa the same as anybody else. There can't be any guarantee that a visa will be granted.

But the delay in applying the new rules must mean that they will take the attitude after 1st October that there's no excuse for not having complied before.

khan85 · Post by **khan85** » Tue Mar 18, 2008 8:05 pm

is this seriously trueeeeeee???

where did u get the info from????

Twin · Post by **Twin** » Tue Mar 18, 2008 8:14 pm

khan85 wrote:is this seriously trueeeeeee???

where did u get the info from????

From the link I posted above...and i'm taking it as GOSPEL!

It was apparently debated at The House Of Lords yesterday. I guess it will take little time to filter around.

Victoria also confirmed that ILPA received related news on another board.

khan85 · Post by **khan85** » Tue Mar 18, 2008 8:21 pm

deeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee
eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeepppppppppppp
ppppppppppppppppppppppppppppppppppp BREAAAAAAAAAAAAAAAAAAAAAAAAAATHHHHHH!!!!

WOW... i hope this is true seriusly i feel so relievedddddddddd!!! just need to get a move on now.. yipeeeeeeeeeeeeeeee

khan85 · Post by **khan85** » Tue Mar 18, 2008 8:35 pm

i also found this on google

http://www.theyworkforyou.com/lords/?id ... 3-17a.87.2

[quote]A number of people have, however, suggested that we will achieve our aims better if we give people who are currently here illegally a chance to leave before the new rules are applied to them. We have listened to their argument and reflected on it, and we agree with them. I can announce that we will not apply the provisions in new paragraph 327B of the Immigration Rules to anyone currently in the United Kingdom who leaves the country voluntarily before 1 October 2008. Those people will be able to apply to come back without being automatically refused under these provisions, although it is possible that they will be refused under other parts of the Immigration Rules.[/quote]

i think its part of the debate that took place m not 100% sure cuz i didnt read all of it... correct me if m wrong!

Twin · Post by **Twin** » Tue Mar 18, 2008 8:56 pm

khan85 wrote:i also found this on google

http://www.theyworkforyou.com/lords/?id ... 3-17a.87.2

[quote]A number of people have, however, suggested that we will achieve our aims better if we give people who are currently here illegally a chance to leave before the new rules are applied to them. We have listened to their argument and reflected on it, and we agree with them. I can announce that we will not apply the provisions in new paragraph 327B of the Immigration Rules to anyone currently in the United Kingdom who leaves the country voluntarily before 1 October 2008. Those people will be able to apply to come back without being automatically refused under these provisions, although it is possible that they will be refused under other parts of the Immigration Rules.

i think its part of the debate that took place m not 100% sure cuz i didnt read all of it... correct me if m wrong![/quote]

correct!

khan85 · Post by **khan85** » Tue Mar 18, 2008 9:12 pm

thats real gud news... i feel much better about that date.

i hope everyone gets everything sorted by then... my prayers r with them n remember me in urs

jei2 · Post by **jei2** » Wed Mar 19, 2008 11:34 am

This sounds like really really great news! Thanks for sharing Twin!

Just one issue: a bad immigration record eg overstayiing is consistently applied as grounds for refusal in entry clearance.

Does anyone think that on the er... balance of probabilities, ECOs are going to have new instructions on how to treat this particular group of overstayers? Will there now be a two tier approach: "yes you overstayed but you came back and reapplied before the 1st October 2008 -there you go!" or.. "you overstayed in 2004 and now you want to go back.. excuse me....?"

simar · Post by **simar** » Wed Mar 19, 2008 12:20 pm

good news for overstayers

jes2jes · Post by **jes2jes** » Wed Mar 19, 2008 3:51 pm

Does the above also mean that the BIA cannot deport overstayers they come in contact with until such time as the date or this is just for overstayers under the radar alone?

I am just thinking if the above is correct, then BIA cannot come and knock on your door in the night. You would have to tell them, you are sorting yourself out and you would leave before October 31st?

What about failed asylum seekers etc

I am just trying to explore all lines of thinking in the above so that overstayers know what their rights are.

Whether the BIA would heed to this is subject to interpretation or much better, yet to be seen

gollywood · Post by **gollywood** » Wed Mar 19, 2008 5:55 pm

I noted before this announcement, many overstayers were worried about going back because of any potential penalties that could face them, and that was used as an excuse to continue overstaying.

However, now that this 'Amnesty' has come into place - and basically no one can use this as an excuse up to Oct 1st, I still note overstayers have been caught off guard and are now looking for other excuses why they cant go back.

Why?

Post by **vinny** » Wed Mar 19, 2008 11:20 pm

khan85 wrote:i also found this on google

http://www.theyworkforyou.com/lords/?id ... 3-17a.87.2

[quote]A number of people have, however, suggested that we will achieve our aims better if we give people who are currently here illegally a chance to leave before the new rules are applied to them. We have listened to their argument and reflected on it, and we agree with them. I can announce that we will not apply the provisions in new paragraph 327B of the Immigration Rules to anyone currently in the United Kingdom who leaves the country voluntarily before 1 October 2008. Those people will be able to apply to come back without being automatically refused under these provisions, although it is possible that they will be refused under other parts of the Immigration Rules.

i think its part of the debate that took place m not 100% sure cuz i didnt read all of it... correct me if m wrong![/quote]

Paragraph 327B above should be paragraph 320 (7B).

See also House of Lords' Immigration Debate (17 Mar 2008 : Column 96) and 26.17 - Refusal where the applicant has previously breached the UK's immigration laws.

skillipedia · Post by **skillipedia** » Thu Mar 20, 2008 5:29 am

Does this plan apply to any period of overstay?Who will have an edge: long or short - overtayers ?
Cheers

Twin · Post by **Twin** » Thu Mar 20, 2008 9:31 am

jes2jes wrote:Does the above also mean that the BIA cannot deport overstayers they come in contact with until such time as the date or this is just for overstayers under the radar alone?

I am just thinking if the above is correct, then BIA cannot come and knock on your door in the night. You would have to tell them, you are sorting yourself out and you would leave before October 31st?

What about failed asylum seekers etc

I am just trying to explore all lines of thinking in the above so that overstayers know what their rights are.

Whether the BIA would heed to this is subject to interpretation or much better, yet to be seen

Okay, I think it is paramount to let people know that this is not some form of amnesty for overstayers. It's basically saying that we will leave the rules as it is for now until the 1st of October so that you can sort yourself out. However, it will still be business as usual for removal/deportation. This new grace period only apply if you make entry clearance so it's not an umbrella to stay in the country till the 1st of October.

Refusals will still be made and removals will still be ordered and to be carried out as outlined. This is not an amnesty.

Twin · Post by **Twin** » Thu Mar 20, 2008 9:32 am

skillipedia wrote:Does this plan apply to any period of overstay?Who will have an edge: long or short - overtayers ?
Cheers

long short, thin or small - overstaying is overstaying so it applies to all who are in breach of the rules.

Hernancortes · Post by **Hernancortes** » Thu Mar 20, 2008 4:32 pm

" but they still have to qualify for a visa the same as anybody else. There can't be any guarantee that a visa will be granted. "

Nice try by Byrne whose forebears were immigrants.
Knowing the refusal rates at the Brit embassy of my home country, the most sensible decision is wait and see how many 'guinea pigs' are allowed to settle back.

Hernancortes · Post by **Hernancortes** » Thu Mar 20, 2008 4:39 pm

DO NOT fall for this scheme until you have sought LEGAL ADVICE, and have heard of experinces from people returning under the scheme.
Bush tried similar proposals in a sponsored immigration bill in capitol hill. The only difference was the undocumented migrant, having returned to his country of origin, was supposed to pay a fine in order to return to the US.

Byrne must think we are simpletons.

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Good News For Overstayers??? But If They Act Fast!

Good News For Overstayers??? But If They Act Fast!

Re: Good News For Overstayers??? But If They Act Fast!

1 October 2008 concession for overstayers