Concession for Overstayer and application of Schengen Visa

[jilly cooper]

I know this has been discussed since the dawn of time, however, I just want to make sure about this concession that would stop by 1 October 2008.

Can someone clarify please if an overstayer choose to leave before the 1 October 2008, there would be no out right ban. I do not have family or relation. But I do want to go back here to puruse my MA. If I will leave in a couple of weeks, am I going to be allwoed after one year?

Also, can anyone also confirm whether my overstaying here will affect my application for a Schengen visa early next year. In short, whether they would take it against me.

Thanks in advance everyone.

[William Blake]

Well I don't think there will be any ban so you should be allowed back straight away if you are succesful. I don't know the status of the significantly contived test though.


See my pm

I don't fully understand your situation though. When you went to the last company you worked - the one that applied for your WP so you could switch employment to them - did you have leave remaining on your visa?

[Twin]

Well I don't think there will be any ban so you should be allowed back straight away if you are succesful. I don't know the status of the significantly contived test though.


See my pm

I don't fully understand your situation though. When you went to the last company you worked - the one that applied for your WP so you could switch employment to them - did you have leave remaining on your visa?

A ban would apply to an overstayer who isn't applying under family category.

So a work permit applicant who has previously breached the condition of their leave would be subject to a ban.

The OP said he has no family or relation here so I assume he's not going to be applying for a spouse visa (for example). In this case, it's most likely that he would receive at least a year ban.

[William Blake]

Right.

Twin,

So what of the concession then?

[jilly cooper]

Thank you for all above reply. I was able to find something about this concession.



The new rule, the elegantly designated paragraph 320(7B), includes a sort of tarif system:

Overstayers who leave within 28 days of the end of their visa and pay for their own departure can come back immediately

Those who otherwise breach immigration laws but leave voluntarily and pay for their own departure can return after 12 months

Those who breach immigration laws, leave voluntarily but whose departure is paid for by the Home Office can return after 5 years

Those who breach immigration laws and are removed involuntarily at the expense of the Home Office can return after 10 years.

An important concession was announced last night: the new rule will only apply to those who have not departed the UK before 1 October 2008.




However, I do have a pressing concern as I want to travel to Netheralnds at the end of this year, would it affect my application if my passport will be stamped as the Schengen visa application is asking for any visa that was issued for the last 3 years?