help i was overstayer

IRYNA · Post by **IRYNA** » Wed Apr 23, 2008 1:40 pm

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.

Wanderer · Post by **Wanderer** » Wed Apr 23, 2008 2:31 pm

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.

I can't see anyway out for you, those are the laws. Sorry.

Udachi tebe..

gollywood · Post by **gollywood** » Wed Apr 23, 2008 4:57 pm

Would he be willing to move in with you (outside UK?)

rose10 · Post by **rose10** » Wed Apr 23, 2008 11:40 pm

why the ban you for 10 years , i see you left 2 nd April within the 6 months amnesty???

IRYNA · Post by **IRYNA** » Thu Apr 24, 2008 9:14 am

Nobody menssion about amnesty. What is this about?

rose10 · Post by **rose10** » Thu Apr 24, 2008 12:37 pm

Iryna,
if you left between 1st april and 1 st October according to these new rules you shouldn t be subject to any ban
the 10 year ban is for people who used forged documents , deception ....etc
they seem to give the maximum ban !!!!!!
also could you pls tell us how u left the UK , what were the precedure ? the interview ?etc

jei2 · Post by **jei2** » Thu Apr 24, 2008 5:26 pm

IRNYA

Who said you would be banned for 10 years?

IRYNA · Post by **IRYNA** » Fri Apr 25, 2008 8:23 am

I was took from home in the UK by the immigration officers. They give me peace of paper explaining that i overstayed and there is possibility for me to abscond they took me to yaswood near london. It was friday night. I didnâ€™t speak to anybody about my situation because it was weekend. On Monday morning the put me on plane and i got home. As soon as got home two days later my boyfriend flow here. We put application in embassy strait away. They refused it by saying about this immigration law. Anyway we put a wrong application in. It was just a visit visa. But we afraid if we put application for fiancÃ©e visa or marriage visa it well be refused as well because I overstayed

Wanderer · Post by **Wanderer** » Fri Apr 25, 2008 9:09 am

Sounds like a deportation to me - did they give you any notices or mark anything in your passport?

jei2 · Post by **jei2** » Fri Apr 25, 2008 10:39 am

You've been removed administratively not deported as you didn't get the right of appeal.

You should be able to make another application for fiancee or spousal visa. But make sure you get proper advice beforehand on the whole process of applying.

What really worries me is this:

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.

This certainly doesn't bode well for encouraging overstayers to return home and re-apply from there.

Was the date 1 April 2008 actually mentioned your refusal letter?

thsths · Post by **thsths** » Fri Apr 25, 2008 10:52 am

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.

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.

IRYNA · Post by **IRYNA** » Fri Apr 25, 2008 11:04 am

I wasnt deported. Its called the administrative removel because they served the notice is151. On the refusal document it staits they are refusing my application under paragraph 320 (7b) of immigration rules and future application will be autamaticly refused for the same reson.

jei2 · Post by **jei2** » Fri Apr 25, 2008 11:47 am

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.

thsths,

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".

aka189 · Post by **aka189** » Fri Apr 25, 2008 12:04 pm

jei2 wrote:
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.
thsths,

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".

Check the following link:
http://www.ilpa.org.uk/HC%20321%20Minis ... 202008.pdf

jei2 · Post by **jei2** » Fri Apr 25, 2008 12:39 pm

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.

IRYNA · Post by **IRYNA** » Fri Apr 25, 2008 1:37 pm

If i understand this amnesty thing about 1st of October can be apply for the people who overstayed and leave the uk voluntarily. Am i right?

aka189 · Post by **aka189** » Fri Apr 25, 2008 2:26 pm

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.

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.

But people who have left UK before 17 March 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 March and would like to regularise their status.

EDITED : I've made a mistake it was 17 March instead of 17 April.

ricky · Post by **ricky** » Fri Apr 25, 2008 2:27 pm

irena: who told you 10 yr is it the embassy in the refusal ????
u lft on the sec aprl so sure this letter talk about cases like yours
they say something and they apply somthing else!!!!!!

jei2 · Post by **jei2** » Fri Apr 25, 2008 6:48 pm

aka189 wrote:
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.
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.

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.

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?

ricky · Post by **ricky** » Fri Apr 25, 2008 6:55 pm

if a person left between 1 apr and 1 october , and embassy officials didn t apply the concession rule , thats a ground for appeal
they need to apply what they promised otherwise everyone will be appealing

ricky · Post by **ricky** » Fri Apr 25, 2008 6:57 pm

Irena i think you need to get a solicitor and challenge that ban it is unlawful and against what says in the rules (6 months concession) and i am sure you will win the case

aka189 · Post by **aka189** » Fri Apr 25, 2008 7:43 pm

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?

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.

IRYNA · Post by **IRYNA** » Sat Apr 26, 2008 10:54 am

[/quote]

Marie B · Post by **Marie B** » Sat Apr 26, 2008 12:01 pm

I'm afraid my opinion isn't quite as hopeful as others ...

No where in Liam Byrne's statement does he specifically mention that people who are removed during this time frame can take advantage of the concession. The way the statement is written he is only talking about people leaving the UK voluntarily - even the part about people served with a removal notice at departure - these are people leaving voluntarily; they've made steps to leave, booked flight, etc. Irnya was taken from her home to a detention centre and put on a flight. For purposes of immigration law Irnya was removed involuntarily from the UK (not deported), but in the new rules 'removed' and 'deported' are both treated with the same length of ban.

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.ukba.homeoffice.gov.uk/polic ... les/part9/

The Immigration: Statement of Changes from the House of Lords reads:

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.

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

Therefore I don't think the concession applies to people being removed or deported prior to 1 October, just those leaving voluntarily.

IRYNA · Post by **IRYNA** » Sun Apr 27, 2008 5:33 pm

jei2 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?

yes. please use this link
http://fotki.yandex.ru/users/Irishka-Zhy/view/49237

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