Overstayer very worried and wants to return

[yesenia]

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Hi all,

I would like to seek for any advice from you on how I should proceed in my case.

When I returned from holidays in 2000 I was refused leave to re enter the UK as a student, the reason stated on the IS82C form was that they were not satisfied that I will leave the UK on completion of my studies and that they were not satisfied that I could be without working or recourse to public funds to meet the cost of the course and maintenance and accommodation during the course. After that, I was given temporary admission (pending departure by plane) then instructed to report 1 week later to be sent back home. I got a solicitor to see If could appeal who managed to postpone my removal but only for 3 more days. Then, I believed that an IS87 was filled and sent to court. However, during this short period of the process, immigration sent me some correspondence to the address where I was living but for some unknown reason the landlord returned these documents informing that I was not longer living there. Therefore my lawyer was contacted and informed that I had to report to the Airport to explain the reasons, he believed that it would be OK if explain that it was a misunderstanding. However, I was very scared and therefore did not attend. Then, I got married in 2001 and had a baby in 2005 and recently my husband who is a non EEA family member was granted a permanent residence card as being dependent from his mother who divorced an EEA national after 8 years marriage and therefore qualify to apply under the terms of Regulation 10 and 15 EEA 2006.

I wan to go back an apply for a spousal visa. However, my concern is that my passport was not returned when I was refused leave to enter.
I am Colombian and I believe my passport is due to expire in November 2007 What is the normal procedure to collect it and to go back?

Should a write a letter to the HO requesting the return of my passport?

Is it good idea to probably let them know that I will be willing to pay for the ticket?

Would it affect in any way to my husband if I mention about my baby and that the reason for my voluntary leaving is because I want to go back and apply for an entry clearance as a spouse?

Would they allow us to travel together?

Has anybody experienced this situation especially what to do when arriving at the airport to leave?

What question might be asked? Should I be very worried?

I understand that my baby can be registered as a British Citizen. Please let me which form my husband should use for this purpose?.

Any advice is gratefully appreciated, I hope you can help me, many thanks

[Dawie]

Go to the police, file a lost passport report, go to the Colombian embassy with this and obtain a new passport.

[yesenia]

Thanks for your reply.

Would not the police ask for my status?

Would not affect my spouse visa when I return as my my passport will still be with the H O?

What i about my baby?

[Jeff Albright]

Sorry, I saw your ppm but did not have a chance to reply.

I am sorry to hear about these problems.

You might have even be registered as an immigration absconder and may be wanted by police... Have you ever come in contact with police during your years here? You are not an overstayer, you are an illegal entrant.

You should apply for British Citizenship for your child. Refer to the BIA website for instructions.

You can of course make a request for your passport to be returned. You can contact the immigration service and then arrange with them for the passport to be collected at the airport at the date of your departure. You may be asked to attend a local enforcement office, show them the tickets as a proof of departure. However, because of the time passed, there is a chance they may not find your passport at all.

Would it affect in any way to my husband if I mention about my baby and that the reason for my voluntary leaving is because I want to go back and apply for an entry clearance as a spouse?

No. The general rule in this country (actually the Rule No 1 in life) that you do not volunteer information and only say what you are asked.

Would they allow us to travel together?

This has nothing to do with them. It is your own business.

Has anybody experienced this situation especially what to do when arriving at the airport to leave?

Well, I have and others have.
Depends on the airport and the time. There are places where there are no exit immigration checks at all - for example, Manchester Airport. If you book a flight at night or early morning, there will be no one there. But you need a passport to show at the check-in desk. If you can get a new passport quickly, just do it.

What question might be asked? Should I be very worried?

You should never be "very" worried about this, you should have been worried 7 years ago avoiding getting into situation you are now. Now it is too late to worry. You should now have enough confidence and understanding of the rules. If you are worried, you will have problems of coming back to the country or your return may be delayed. You must be able to present your case clearly and confidently to the ECO and then to the IO at the airport when you are coming back. No one will do it for you. If you are worried, stutter or stammer, you may fail. You must be able to answer clearly and concisely the questions you are asked and be prepared to explain credibly why you had to stay in the country illegally, if asked.
There will be no questions at the check-in or security.

I understand that my baby can be registered as a British Citizen. Please let me which form my husband should use for this purpose?.

Everything should be on BIA website. If you wanted someone to put the finger into the text for you, they will probably have to go on their website and do a simple reading.

[Jeff Albright]

Would not the police ask for my status?

No. Just say you have lost your passport and want a report. They will simply write in the register book and give you a receipt and the reference number.

Would not affect my spouse visa when I return as my my passport will still be with the H O?

No.

What i about my baby?

Register your child as a British Citizen or ask your husband to deal with it.

[yesenia]

Jeff Albright,

I would really like to reemphasise that I appreciate these and the previous comments that you made. your are really an expert and your suggestions are very exact and very encouraging. I am sorry I forgot to mention it previously.


Kind regards