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I can't see anyway out for you, those are the laws. Sorry.IRYNA wrote:Ive overstayed in the UK for 6 month and removed from the UK on 2 april 2008. Ive got fiance. He is UK citizen And we tryed to apply for visiters visa from my country but its been refused cause i ve overstayed and they said i will be baned for 10 years because of the immigration law from 1 of april 2008. My fiance and i wanted to get married in my home country (belarus) but we conserned and if we get marriedand apply for spouse visa its gonna be refused as well. PLEASE HELP.
The amnesty is only valid if you leave between the 16th of April (?) and the 1st of October. So it does not apply in this case.jei2 wrote:If you were told by the immigration officials that they were applying the exclusion penalty for overstaying from 1st April and not 1st October, then this means that the government's so called "amnesty" period is not being followed by Entry Clearance Officers.
thsths,The amnesty is only valid if you leave between the 16th of April (?) and the 1st of October. So it does not apply in this case.
Check the following link:jei2 wrote:thsths,The amnesty is only valid if you leave between the 16th of April (?) and the 1st of October. So it does not apply in this case.
Can you let me know where you found this information?
There's not exactly been a public proclamation by the government about this halfbaked "amnesty".
Yes if they left UK between 17 March and 1 October, then they can make an application whenever they want and they will be given consession accordingly.jei2 wrote:aka189
Much obliged.
I note that Liam Byrne's letter to ILPA states:
"I can confirm that for the purposes of the consession it is the date on which the applicant leaves the UK that is relevant. Provided he or she leaves between 17 March and 1 October, it does not matter when he or she applies to come back."
So my concerns about whether immigration officials are following this guidance still stands.
But the good news here is that an individual who has overstayed could make an application for entry clearance after 1 October 2008, provided they left within the relevant period.
Liam Byrne's statement refers to people who left before the 17 March - not the 17 April. so once again I ask how can we be sure that Entry Clearance officials will adhere to the concession?aka189 wrote:Yes if they left UK between 17 April and 1 October, then they can make an application whenever they want and they will be given consession accordingly.jei2 wrote:aka189
Much obliged.
I note that Liam Byrne's letter to ILPA states:
"I can confirm that for the purposes of the consession it is the date on which the applicant leaves the UK that is relevant. Provided he or she leaves between 17 March and 1 October, it does not matter when he or she applies to come back."
So my concerns about whether immigration officials are following this guidance still stands.
But the good news here is that an individual who has overstayed could make an application for entry clearance after 1 October 2008, provided they left within the relevant period.
But people who have left UK before 17 April will not be given consession and will be refused under new rules 320(7B).
I really think it is harsh for people who left volunarily before 17 April and would like to regularise their status.
Yes they have made a mistake in IRNYA's case. I would suggest to forward this letter to the Embassy and let them reconsider the decision.jei2 wrote:
Liam Byrne's statement refers to people who left before the 17 March - not the 17 April. so once again I ask how can we be sure that Entry Clearance officials will adhere to the concession?
Since they don't appear to have applied it correctly in IRNYA's case.
IRNYA, can you let us know exactly who told you that the 1st April was the deadline and did they put it in writing? If so, would you be able to scan that part of your refusal letter to us here?
http://www.ukba.homeoffice.gov.uk/polic ... les/part9/Grounds on which entry clearance or leave to enter the United Kingdom is to be refused:
(7B) where the applicant has previously breached the UK's immigration laws by:
(a) Overstaying;
unless the applicant:
(v) was removed or deported from the UK more than 10 years ago.
http://www.theyworkforyou.com/lords/?id ... 3-17a.87.2I 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.
yes. please use this linkjei2 wrote:aka189 wrote:jei2 wrote:aka189
IRNYA, can you let us know exactly who told you that the 1st April was the deadline and did they put it in writing? If so, would you be able to scan that part of your refusal letter to us here?