overstayer 1 october applicable for students?

[karina10]

hi
im in a great stress
my gf came here as a tourist and overstayed for nearly 2 years ,now she wants to go back to her country and apply for a student visa, what are her chances getting the visa?, will she be banned from returning if they get her passport checked at exit control?, is this " grace period " that you talk about also for people who overstayed their tourist visa and seek to come to study?
if they check her passport at exit control will she be baned for 5 years?
wouldnt it be better if she leaves voluntarilly after the 1 october , so if she gets a ban that would be for only one year???
im really worried and dont know what to do .
pd: how can they know that she overstayed if eventually there is no exit control at the airport?
please advice.
cheers stressed guy.

[vinny]

As concessions outside the Rules, you should also not refuse an applicant under 320(7B) if:

* The applicant has been accepted by UKBA as a victim of trafficking (please read 26.17.6 below);
* the applicant was in the UK illegally on or after 17 March 2008 (date of announcement) and left the UK voluntarily before 1 October 2008 (please read 26.17.5 below).

[karina10]

so does it mean that she is not eligilbe ? because she will be apllying for a student visa.
let me know if this "grace period" is a good chance for her to legalize her status.

[vinny]

If she voluntarily departs the UK between 17 March 2008 and 1 October 2008, then she will not automatically be refused a student entry clearance due to overstaying. However, refusal under other grounds may still be considered.

[PaperPusher]

I can see that it would be hard for your girlfriend to show that she intends to return considering the long overstay. Lying to the ECO means an almost guaranteed refusal.

The intention to return is important for courses below degree level. What will she be studying and if a degree, is this at a proper uni?

What about money to pay for the course and accomodation and maintainence, where will that come from?

Regards

[karina10]

hey
she left without any problem
now, she wants to apply for a student visa
she was overstaying her welcome before , but left on 25 sept, well,, she doesnt trust the "grace period", what happens if she says she stayed only 2 months? , as there is no exit stamp on her pass,, and if she usses a new one?, would it be ok? to lie? i told her best thing is to trust the "grace period" but she is just listening to a friend of a friend that made like that and got his visa.
i thing they can find out, so im afraid that she listens to this friend of a friend//// im so scared and worried and missing her a lot/
thanx to everyone!!!

[karina10]

she will study english as her english is no so good as we would like ,,, her mother will sponsor her and also her god father ( he has a resto bar in the centre town),, also her monther is gonna give her sorta six thousand GPB, so she can be ok for a while,,
she really wants to study and speak proper english,, is not that she wants to work and work and work...
thanx

[paulp]

If she lies and is caught, it will be a straight 10 year ban from the UK.