Exiting UK after overstaying..Advice Please

[Likes_Dogs]

I am in a jam as I have overstayed my tourist visa by 18months. My mother is a UK/US citizen and I was originally visiting her and going to help her move when they sold their house. A terrible thing happened the day before the move, the man who bought the house comitted suicide next to the house and anyway things were in an uproar. Then my mother was diagnosed with a serious illness and my visa expired.. we just were so distracted... well I know I can go to the HO with this but, before I do that I just want to leave and go home to the US my ticket is for December.

Do they check exiting people for overstaying. I know they look at their passport for ID at the ticket and security counter but is there an immigration officer that checks your visa?.. I can't ever remember being checked when I leave.

I don't want the HO to stamp my visa for overstaying because my mother is ill and I want to be able to return.


Thanks for your help.

[Rover8098]

sorry to hear about your issues, but I'm confused. You say your mother is a British citizen, so why have you not applied for the 'right of abode' for the UK and overstayed instead?
As for your query regarding whether they check your passport when you are departing the UK, no, they don't. There is no immigration control at UK airports (well, atleast not at Heathrow or Gatwick) when you leave the UK - it's only when you arrive - also, presuming that you are an US citizen, when you return to the US, they won't stamp your passport?? (or do they?) - if the answer is 'no', then there is no trace of you ever having left the UK, hence no trace of your overstay - so you should be free to apply for a UK visa from the US to return.
Hope this helps, and all the best for your mum.

[ppron747]

sorry to hear about your issues, but I'm confused. You say your mother is a British citizen, so why have you not applied for the 'right of abode' for the UK and overstayed instead?

The right of abode in the UK is only available for British citizens and some Commonwealth citizens. It is entirely possible that Likes_Dogs is neither.

As for your query regarding whether they check your passport when you are departing the UK, no, they don't. There is no immigration control at UK airports (well, atleast not at Heathrow or Gatwick) when you leave the UK - it's only when you arrive - also, presuming that you are an US citizen, when you return to the US, they won't stamp your passport?? (or do they?) - if the answer is 'no', then there is no trace of you ever having left the UK, hence no trace of your overstay...

This is not entirely correct, I'm afraid. There are immigration desks (on casters) at all four of the Heathrow terminals, and I assume at other airports as well. They are staffed on a part-time basis. My passport has been examined on the majority of flights I've taken in the last year or so - I fly about ten times a year. It wasn't checked last week, on an early morning flight from T1, and this was the first time in ages.

- so you should be free to apply for a UK visa from the US to return.

US citizens don't need to apply for visas in advance.

Likes_Dogs: If you'd like to post a little more detail about yourself and your mother - your mother's place of birth, and your own year of birth - we might be able to see if you have a claim to British citizenship, or possibly eligibilty for registration as a British citizen, which could save problems in the future - without jeopardising your US citizenship.

[Likes_Dogs]

Hi
Thanks for your responses. I am 31 so viewed by the HO as a adult and not eligible to apply for right of abode. We are considerin applying for a hardship visa as I am her only living relative and she mine.

I just don't want to go to the HO and turn myself in get slapped and not able to return for 5 to 10 years.

I am leaving from gatwick and I guess I will just have to pray that they aren't checking at that time.

[Christophe]

Question for Likes_Dogs: How did your mother gain her British citizenship? Was she born in the UK? If so, and you were born in 1975 or so, you are probably entitlted to register as a British citizen. That would depend, as I say, on how your mother gained her British citizenship. I assume that your father is/was not a British citizen? (You would not lose your US citizenship if you registered as a British citizen.)

[Likes_Dogs]

No my mother married a Brit 10 years ago, and has gone through the naturalisation process.

[ppron747]

Oh dear.... Well that would help if you had a nine year old sibling, but doesn't help you, I'm afraid.... Sorry...

Good luck...

[Likes_Dogs]

So, I guess my chances are a little bit better thann 50 - 50 that I will run into a Passport control on exit from Gatwick??

[victim]

Hello,

I overstayed in the UK and still not allowed back in the UK.

The Immigration Officers will advise you to apply for an entry clearance before you travel back to UK but if you check their immigration rules it does say that ' overstayers are normally refused an entry clearance to the UK'.

It has been almost 1 year now and I am still fighting my case - I am waiting for appeal decision from the tribunal asylum.

No matter what you say or excuses you give you are still an overstayer so it is very difficult - but good luck maybe your luck is better than mine.

[Photogirl]

Message for Likes Dogs-

I am in a similar predicament in that my visa (fiancé) is about to expire, but I am not ready to leave, and I don’t think I can get an extension as I’ve already had one. I know they scan passports at the ticket counter, but I don’t know where that information gets recorded. I am also a US citizen. What ever happened in your case? Have you returned yet to the US?

Message for Victim-

How did they know you overstayed? Are you also from the US?

[Dawie]

Message for Likes Dogs-

I am in a similar predicament in that my visa (fiancé) is about to expire, but I am not ready to leave, and I don’t think I can get an extension as I’ve already had one. I know they scan passports at the ticket counter, but I don’t know where that information gets recorded. I am also a US citizen. What ever happened in your case? Have you returned yet to the US?

Message for Victim-

How did they know you overstayed? Are you also from the US?

I think you'll find that in fact no one scans your passport at the ticket counter. The check-in staff will have a look at your passport to make sure you have a visa for the country you're flying to and that your name matches your ticket, but that is it.

[victim]

hi

[victim]

Hi,

Sorry I accidently press submit.

Anyways to answer to your question photogirl -

No I am not from the USA.

I was caught at Heathrow airport on the way boarding after the security check there are about 2 or 3 immigration booths which all passengers must pass before boarding.

They check your passport and visa, if yours overstayed then they will pull you aside to ask reason and then fill in a form which you must sign. This form will then be recoded in immigration computer system so that the next time you entered and if you are overstayed you will be send home staright away.

Eventhough they keep telling overstayers that they should leave UK and re apply before you come - what they havent told you is that all overstayers now are they will be refused entry visa to UK sort of being blacklisted.

I am almost a year now, even though I have a work permit I am not given entry clearance because I overstayed which is really rubbish!!!
Good luck!

[Dawie]

Although exit checks happen infrequently at all major airports (I've travelled several times this air out of Gatwick and Heathrow and not been stopped once), I do agree that it is something to be concerned about if you are an overstayer and do not wish to be detected. It only takes being stopped once to be blacklisted.

Probably your safest bet in this case is to use the Eurostar or ferry to leave the UK if you can. This obviously depends on your ability to gain entry into any of the UK's neighbouring countries, although a US citizen will usually have no problem entering other EU countries. If exit checks are infrequent at airports they are likely to be close to non-existant at land-based ports of entry and exit. Again, I've used the Eurostar twice last year without seeing any immigration officers checking outgoing passengers, but someone else with more recent experience might be able to advise if anythings changed there.

[Photogirl]

Thanks to all for the advice. As for scans at ticket counters, I am certain they do this. American Airlines told me directly that they do it. However I don't know, and am doubtful, that this information gets passed on to the home office.