Overstaying and its consequences

[virgos143]

Hey guys,

Do not know if this question i in the right forum....Have a small query on my mind... if i have overstayed in PSW or Tier 2 visa but have voluntarily left the UK within 6 months.... does this affect any other visa application anywhere else in world except UK? i guess in case of UK it will be 2 years automatic ban???

thanks for your response in advance

[geriatrix]

does this affect any other visa application anywhere else in world except UK?

Perhaps, would depend on the immigration laws of the country you wish to travel to / live in.

i guess in case of UK it will be 2 years automatic ban???

See RFL5.2 and RFL5.3.

[Lucapooka]

It's confusing because the two year ban seems to require that there was a notice of removal or a refused appeal. It does not indicate if this also applies for those who left having had neither, but went within six months of their leave expiring. So, did you simply leave without appealing or did you appeal and then leave|?

RFL5.3 How long are applicants automatically refused for?

12 months if they left the UK voluntarily, not at the expense (directly or indirectly) of the Secretary of State;
2 years if they left the UK voluntarily, whether or not at public expense; and the date the person left the UK was no more than 6 months after the date on which the person was given notice of the removal decision, or no more than 6 months after the date on which the person no longer had a pending appeal; whichever is the later

[virgos143]

Actually ... I am not in that situation yet and i hope i dont need to be (FIngers crossed) ... just wanted to get some things clear really... just to make it clear (Still confused)
so this means... that if i appeal then i would have 2 years ban even if i leave voluntarily even if it is before 6 months.... if i leave voluntarily without appealing hten its a 12 month ban...

Actually was thinking if i dont get a tier 2 visa sorted here in the uk then thinking of going to australia however i know i will overstay if my tier2 visa gets refused as i want lodge another application out of date (after consulatation with a lawyer) so was wandering if the australian vsa get affected if i overstay in the UK??

[Lucapooka]

No, if you appeal and it's refused you have to leave within 28 days. If you are then removed at public expense within six months you get a two year ban. Removed at public expense after six months you get a five year ban. But if you go at your own expense at any time (longer than six months), you only get a 12 month ban. The key to this is public expense.

[virgos143]

thanks lucapooka... much appreciated!!