Entry to UK after overstay in France

[imagesmith]

Hi,

I have overstayed my visa by four years in France.

I came to France with the intention to marry my girlfriend (UK national and passport holder). We lived together in France for about 4.5 years. We never got married, things didn’t work out.

I am an Australian citizen and passport holder. I have a UK paternal grandparent and have had the visa to work in the UK in the late 1980’s, but never worked in the UK.

I have the old passport without the swipe code.

The last stamp in my passport is entering Corfu, Greece in June 2007. I sailed a yacht to France and was never stamped entering. I did do some road trips to Italy but never went through passport control.

As my relationship is finished, I want to return home to visit family and friends.

I have a new girlfriend who is based in San Diego USA (I always go for the complicated ones). She is a green card holder and USA passport holder and Irish passport holder.

She wants me to join her in San Diego to live. She is happy to get married to make things legal.

I plan to leave France in May, by road to the UK with a friend. Then, I plan to fly from London to Melbourne via San Diego (staying about four weeks).

I plan to stay in Australia, see family and friends and sort out visas and personal business.

Apparently, it is easier to enter in USA a swipe passport

So, my questions are:

If I renew my passport will the “overstayâ€

[UKBAbble]

Entering the UK could be a problem. 'Losing' your old passpor and obtaining a new one will only make the UK immigration officer more suspicious.

[kiwigirl25]

The Australian High Commission couldn't careless about your overstay. I recently renewed by NZ passport and the NZ High Commission didn't even mention the expired visa in my old passport. Had my new passport within a week, no problems. Your only worry is will you flag up on their systems when you go through passport control?

How did you manage to do all this travelling without going through passport control? Through all the travelling I've done I've always had to go through passport control. The only time I didn't get my passport stamped was, funnily enough, travelling from Italy into France by train. Immigration saw my NZ passport and was like "kiwi no need".

How long has this new relationship been going on? It's sound from your post that the old one has just ended. That's nice of her to marry you so you're legal. None of my business but I'm a little old fashioned when it comes to marriage. I don't know about US immigration but do you not have to prove that it has been a long term relationship before being granted a spousal visa? You do in the UK.

I'm afraid I can only comment on the Australisian passport renewal at High Commissions. Hopeful someone else will be able to answer your other questions.

Well my sir, it appears you've lived the life of Riley. Good luck with your future travel and may they continue to be passport control free

[kiwigirl25]

Entering the UK could be a problem. 'Losing' your old passpor and obtaining a new one will only make the UK immigration officer more suspicious.

Are you going to "lose" your passport? I thought it expired. In that case, you will have to provide a police report with your renewal. The AHC will not issue a new passport without this. Also falsely reporting a crime is a criminal offence as is obtaining a passport under false pretence.

You're best bet is to 'fess up and sort everything out back home.

[Mr Rusty]

With a pretty flaky immigration history you are quite likely to be refused entry to the UK, and if that happens your chances of entering the USA are much diminished.
There are Qantas flights to Melbourne from Paris. Get on one. Don't come anywhere near the UK.

[ejw4h9]

Is the "old" passport still current, or is it expired?

If you are stopped by passport control anywhere, including the UK, you'll likely be in trouble. If you are able to enter the UK without anyone looking at your passport, you should be fine to leave. However, if anyone takes a look at it (a good chance of that) you're likely to be denied entry and receive a ban. The ban will make entry into the US troublesome as well.

As far as entering the US, you may have trouble. If you tell them you're visiting your girlfriend, you'd better be prepared to show residence/reason (i.e. a job) in another country in order to prove that you don't intend on overstaying. If you don't tell them you plan on visiting your girlfriend/marrying, you're lying and that may catch up with you.

It sounds like a sticky situation to me and you're better off in the long run by doing things the legal way.

[imagesmith]

Hi Guys,

Thanks for your thoughts.

My passport has not expired- it expires 2011.

I was able to travel from Corfu to France without being stamped because I was on a sailing boat. I skippered the boat.

Last relationship failed/ended because my ex-girlfriend had issues making decisions or commitments.

I have been seeing my new girlfriend for about 3 months, though she has only visited me for 3 weeks then 2 weeks. We aren't getting married just for the visa- we really hit it off. She doesn't really want to live in Australia and would prefer me to join her in San Diego.

I was also thinking of flying out from Geneva. I would like to go San Diego on my way back to Australia. But, it might be better to fly direct to Australia. The immigration people might be happier if I was going directly to my country of Residence.

thanks for your please let me know if you have any ideas.

[kiwigirl25]

Sorry about my comment regarding your current relationship. Upon reflection my opinion wasn't required on that matter

The advice given to go home and sort things out over there is the best advice. I can't think of any other way to get direct to the USA without any hinderance. It's highly unlikely you will be able to skip Passport Control in any of the countries you plan to travel through.

You may leave France without them noticing the expired visa which resolves that problem. However American immigration/passport control are @rses even if you have all the right stamps and perfect immigration record. You will more than likely will experience problems getting in.

So you are right in planning to go direct to Australia, it will be easier to resolve any issues whilst based in your home country. Your girlfriend will just have to swallow her pride and spend some time in Australia with you whilst you make the appropriate legal arrangements to move to San Diego.

All the best with your future.

[kiwigirl25]

If all else fails you might consider the Green Card Lottery:

http://travel.state.gov/visa/immigrants ... _1322.html

Registration for 2011 has completed, registration for the following year usually opens Oct 2010. Australia is an eligible country. However with your poor immigration record you might not make it through the initial stages.

[imagesmith]

Hi Guys,

thanks for your reply especially kiwigirl25.

I wasn't offended by your opinion- it was a fair comment.

I am fairly sure I can get to Geneva without going through passport control. After that is will be airports and passport control.

People drive to geneva all the time without being checked. I think driving to Geneva then flying direct is probably the best bet.

I guess if there is a problem - I will fess-up like Mr Rusty said. Trying to be too smart or shifty could attract more attention and greater penalties.

I will need to renew my passport soon. Does anyone know if my past travels will be recorded on the new passport with the swipe code?

cheers

Pete