will l be granted resident permit in the UK

[Rudgbet]

l am a cuban citizen who had overstayed my visitos visa in the UK, now owing to the current UK immigration issues l have decided to go back home, but now my embassy is telling me l can not go because l have stay out of cuba more than a year
means illegal in UK and also my country will not take me.

if cubans national overstay him/her authorised permit outside cuba for 1 year it will be in violation of cuban immigration law

what should l do and will UK grant me resident permit to work
l am qualified Nurse and civil engineer


thanks

[Cosmopol]

l am a cuban citizen who had overstayed my visitos visa in the UK, now owing to the current UK immigration issues l have decided to go back home, but now my embassy is telling me l can not go because l have stay out of cuba more than a year
means illegal in UK and also my country will not take me.

what should l do and will UK grant me resident permit to work
l am qualified Nurse and civil engineer


thanks

I'm not sure I fully understand - have you lost your Cuban citizenship by virtue of staying away for more than a year?

Otherwise, it's hard to conceieve what citizenship law is there in Cuba, if the country's national cannot be admitted back now. If so - these are probably good humanitarian / exceptional grounds for for some sort of residency case here.

Have you spoken to lawyers? Many will offer free consultation.

[adindas]

Could people loose their nationality by overstaying 1 years in one coutry ? ....
Normally the asnwer is 'NOPE' in normal circumstance
The matter that you loose your nationality is not the UK government matter.

The logic dictate, if this case prevail, then people from Cuba or whereever just come in the UK with normal tourist Visa, overtsay for 1 years and you will get ILR ....

Also, If other countries (imagine like China, India, etc) want to invade UK then just send their people in the UK and let them stay in the UK illegally, and the UK will be full in 1 years.

At the moment, you had option to be granted ILR if you could manage to stay illegally for another 14 years to make uop 15 years. But juts be aware under the Conservatice rule this concession might disappear,

There are reasonable number of people in the UK overstayed their vide use fake passport, but they do not get denial from their own countries.

I think this is a matter that you need to further explain
What did you embassy told, you ....
Hoe did you know it. Did they give yo in wiritng ?.

l am a cuban citizen who had overstayed my visitos visa in the UK, now owing to the current UK immigration issues l have decided to go back home, but now my embassy is telling me l can not go because l have stay out of cuba more than a year
means illegal in UK and also my country will not take me.

what should l do and will UK grant me resident permit to work
l am qualified Nurse and civil engineer


thanks

[Liberal Immigrant]

answer: No

[adindas]

Hi Rudgbet

Please inform the forum how did you loose your nationality by overstaying 1 year. While other people could overstay for 15 years without loosing their nationality.

I believe your story will be very very interesting and could become a breakthrough to other people who want to make up a story to UKBA

l am a cuban citizen who had overstayed my visitos visa in the UK, now owing to the current UK immigration issues l have decided to go back home, but now my embassy is telling me l can not go because l have stay out of cuba more than a year
means illegal in UK and also my country will not take me.

if cubans national overstay him/her authorised permit outside cuba for 1 year it will be in violation of cuban immigration law

what should l do and will UK grant me resident permit to work
l am qualified Nurse and civil engineer


thanks

[jei2]

It was my understanding that Cuban citizenship is for life. Not just for Christmas.

(sorry, it just had to be said)

[Rozen]

It was my understanding that Cuban citizenship is for life. Not just for Christmas.

(sorry, it just had to be said)

[HSMP MESS]

A "stateless" person can apply for asylum

But it is very very very unlikely you would be considered stateless

Please check with lawyers as 1 yr is too short a time to lose ones nationality

One could go for a Gap Year or a long holiday and lose Cuban Nationality if that is the case

[tasha75]

S/he didn't say that they lost cuban nationality, only that by overstaying in the UK they will be in violation of cuban immigration law. Stupid as it sounds it seems you need permission from the cuban authorities to return back to Cuba. And if returned without permission being granted, they could face a prosecution of 1 to 3 years.



Current Travel Restrictions

The Cuban government currently forbids its citizens from leaving or returning to Cuba without first obtaining permission from the government. Unauthorized travel can result in criminal prosecution. Under Cuba’s criminal code, individuals who, “without completing legal formalities, leave or take actions in preparation for leaving the national territoryâ€

[tasha75]

Now in view of the above, how could the UK remove the person if the cubans will not accept him?

[Thandia]

Now in view of the above, how could the UK remove the person if the cubans will not accept him?

Knowing the UK, they'll tell him to return & risk prosecution. They will simply say he has committed an offence & therefore will probably return him to serve time. Cynical, aren't I?

"Individuals who enter Cuba “without completing legal formalities or immigration requirementsâ€

[tasha75]

Knowing the UK, they'll tell him to return & risk prosecution. They will simply say he has committed an offence & therefore will probably return him to serve time. Cynical, aren't I? "

You are probably right. I found an AIT appeal of one cuban, who overstayed and then claimed asylum in the UK. He was also in disagreement with the cuban authorities back home and in opposition of the Castro regime.



We do not wish to underestimate the difficulties that the claimant would have if he were to return to Cuba, because plainly life would be difficult and perhaps unpleasant for a while. He might be under government surveillance. He might very well find it difficult, if not almost impossible to obtain a job, but we have had no material placed before us that indicates that he would be likely to be arrested or persecuted. Mr Allen is of the view that the Cuban authorities would dismiss him from his employment as being politically unreliable and would assign him to a work battalion as a field hand, presumably for some particular period of time. They might place him in a detention facility until he could obtain housing and he would be monitored by the neighbourhood CDR once he returned to the community. Even if all this is true we cannot see that it amounts to persecution albeit it amounts to treatment by an oppressive state of the type that would be entirely unacceptable in Europe.

Yet his appeal was dismissed.

http://www.ait.gov.uk/Public/Upload/j89 ... uba_cg.doc



And then there was a terrorist (can't remember his name) who could not be deported back to the Middle East because he would face persecution.

[jei2]

Well tasha, you've just proved for me the old adage that you learn something every day so thanks.

Rudgbet,

Given that this offence is written in Cuba's criminal code and appears to have been for some years, it just adds up to a parallel of overstaying as a breach in the UK. So I can't see this government rewarding it with a work permit.

I'd be interested to know what the position of a UK born dependant of a Cuban overstayer would be vis a vis either staying in the UK or emigrating to Cuba.

Hmm...

[adindas]

How could they get visitor VISA if they were not allowed to return to their home country? In any application form for visitor VISA you have to have permission to return home in order to be granted a visitor VISA, otherwise you would not get it. The applicants declared it and signed it, are not they.

If this case were exist, then in the theory every people come fron Cuba with students/visitor from this country, overstayed for 1 year would be able to claim for ILR? Almost everybody will be able to overstay for 1 year are not they.

REMEMBER: THIS IS NOT REFUGEES CASE; THIS IS A VISITOR VISA
Do not try to divert the case to refugees or political dissident/asylum. People keep hijacking the place where should be filled by the genuine refugees. People could make up the story but whether people will believe it without strong evidence is another thing.

In my opinion if we care about the genuine asylum we need to do our bit to condemn the people who pretended to be.

Knowing the UK, they'll tell him to return & risk prosecution. They will simply say he has committed an offence & therefore will probably return him to serve time. Cynical, aren't I? "

You are probably right. I found an AIT appeal of one cuban, who overstayed and then claimed asylum in the UK. He was also in disagreement with the cuban authorities back home and in opposition of the Castro regime.



We do not wish to underestimate the difficulties that the claimant would have if he were to return to Cuba, because plainly life would be difficult and perhaps unpleasant for a while. He might be under government surveillance. He might very well find it difficult, if not almost impossible to obtain a job, but we have had no material placed before us that indicates that he would be likely to be arrested or persecuted. Mr Allen is of the view that the Cuban authorities would dismiss him from his employment as being politically unreliable and would assign him to a work battalion as a field hand, presumably for some particular period of time. They might place him in a detention facility until he could obtain housing and he would be monitored by the neighbourhood CDR once he returned to the community. Even if all this is true we cannot see that it amounts to persecution albeit it amounts to treatment by an oppressive state of the type that would be entirely unacceptable in Europe.

Yet his appeal was dismissed.

http://www.ait.gov.uk/Public/Upload/j89 ... uba_cg.doc



And then there was a terrorist (can't remember his name) who could not be deported back to the Middle East because he would face persecution.

[tasha75]

Well tasha, you've just proved for me the old adage that you learn something every day so thanks.

Don't we all learn something new every day?

So I can't see this government rewarding it with a work permit.

He'll be probably left in limbo until either UK or Cuban authorities take a pity on him.
Look at the cases in the first link, people have been trying for years to get back to Cuba without success.

Cuban physicist Juan López Linares traveled with his wife to Italy in 1997 to participate in a training course at the International Center for Theoretical Physics in Trieste. When the course ended, he sought and was denied permission from the Cuban consulate in Milan to continue studies outside of Cuba. The Cuban consular official warned him that, if he did not return to Cuba, he would be formally classified as a “deserterâ€

[tasha75]

I'd be interested to know what the position of a UK born dependant of a Cuban overstayer would be vis a vis either staying in the UK or emigrating to Cuba. .

Don't know about staying in the UK but according to this example the children could go to Cuba.

.... when she sought permission to visit her son and grandchildren in Argentina, she was told she could not leave the island because her own brain was “the property of the government of Cuba.â€

[tasha75]

How could they get visitor VISA if they were not allowed to return to their home country?

They were allowed at the time of application. Now (because of overstaying) they are not. I was not saying whether they should or shouldn't be granted ILR. I was curious myself as to what would happen if the Home Office will try to remove them and the Cubans will not allow admission?

Almost everybody will be able to overstay for 1 year are not they.

They would be able, but how many would actually choose to overstay if as a result you may not see your family for many many years, if at all.
It is not like any other overstayers - when they decide to go, they just pack their bags and go.


On what basis do you think they could get ILR without claiming for asylum? They will probably be in a limbo until the HO negotiates with Cuban authorities for their return.

People could make up the story but whether people will believe it without strong evidence is another thing.

Well, all I can say is that if you've never lived in a totalitarian state it will be difficult for you to believe.

[tasha75]

I was curious myself as to what would happen if the Home Office will try to remove them and the Cubans will not allow admission?

Talking to myself

It seems that the HO will not be able to remove them until they get permission for the return of cuban national from the cuban authorities.

A Cuban that tries to return to Cuba without a valid PVE (a goverment permit that allows exit/return) in his passport will actually be refused by international airlines as they are held liable for the cost if they allow people with an invalid PVE on the plane. The risk is that the person is not allowed to enter Cuba.

And the whole process of travelling abroad for those who like me became interested.

Does this mean that Cubans are totally unable to travel? No. Cubans travel on official missions and can travel privately given a government permit. These permits are referred to as the PVE (Permiso de Viaje al Extranjero) commonly referred to as the "carta blanca".

The process starts with a "carta de invitación", an invitation to a Cuban by a foreign national (resident). This invitation needs to be made in a Cuban consulate (abroad) and can no longer be made at a "consultaría jurídica internacional" in Cuba since May 2007. In this "letter" the foreigner formally invites the Cuban to visit him or her in his country. After getting a passport the Cuban can then apply for the PVE. The PVE is authorized (or not) based on the information the governments holds about the person. A criminal record, bad marks in the permanent record for any form of civil disobedience, a bad CDR report, relatives that are involved in dissident activities, to be "bajo de FAR" (of age to be called up for military service, but not having performed it yet) which means basically from 16 onwards, to be "too young" and even a further education (medical doctors) are common reasons to refuse the permit to travel. There is no formal way to appeal the decision. It is basically up to the government to allow or disallow travel. The PVE allows a stay abroad of up to 11 months. The whole cost of the process (invitation - passport - PVE) is over U$ 600.

Note that this includes the PVE for one month. For each additional month (up to a total of 11) an extra fee needs to be paid. A Cuban that tries to return to Cuba without a valid PVE (with paid extensions) in his passport will actually be refused by international airlines as they are held liable for the cost if they allow people with an invalid PVE on the plane. The risk is that the person is not allowed to enter Cuba

http://www.cubaverdad.net/freedom_of_movement.htm

[adindas]

Well Tash
I fully understand the difficulties of the genuine asylum seekers. That is the reasons why I care of these people and do my bit comdeming those who are trying to steal their place. Also some people are trying to make a fortune from them.

I have seen so far few people of these kinds, who has stolen their place. How did I know ? Well some people will tell you when they are already in secure side. The most common reason is to show how smart they are to con the HO/UKBA. You could also see have seen this story on BBC.

People could make up the story but whether people will believe it without strong evidence is another thing.

Well, all I can say is that if you've never lived in a totalitarian state it will be difficult for you to believe.