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Black
06-04-2007, 11:59 PM
Hi ppl.

Someone has been in the UK before (as a student and as a visitor). The last time he visited as a visitor, he overstayed there for about 6 months. But the person did not have any problems on returning home (In airport and etc. places). Now he wants to visit the UK again. But his friends are saying that, the embassy has all details about him in their database, and it (embassy) will not issue a visa for him. My question is, how could embassy know when the person left the UK or whether he overstayed in the UK? Do they get info from the Airport? Or Airline company? As far as I know, there was only face control in the airport. Besides this, he changed his passport, so there is no records of his previous visits to the UK (in a new passport).
I would like to know, is it possible that the embassy can have info of someone's overstaying in the UK, if he never breached any law, or has never been caught by police or immigration officers? How much is it possible to get refuse for this reason (i.e. overstaying previous time)? Any experiences?
One more thing is that, the guy did not travel to the UK directly from Uzb. He traveled with Russian airlines via Moscow. So in fact, for Uzb. authorities, he left for Russia and returned from Russia (in case if the Embassy gets info from Uzb. Authorities, i.e. Airport).

So does anybody have an idea, whether there will be problems because of previous overstayings?

Googler
06-05-2007, 11:52 AM
Someone has been in the UK before (as a student and as a visitor). The last time he visited as a visitor, he overstayed there for about 6 months.

If you are in the UK without a visa, or if your visa has expired, you are an overstayer, and you are in violation of UK law. There are three types of overstayers:
You intended to overstay at the time you entered the UK;
You intended to observe the terms of your visa, but overstayed due to a judgement (or similar) error;
You intended to observe the terms of your visa, but were prevented from leaving by circumstances beyond your control; As of October 2002, overstayers are no longer deported, but rather given Administrative Removal. Most commonly it means that you are given a letter explaining that you are required to leave the UK by a certain date. There are no restrictions on Administrative Removal (as there are in deportation), and you can apply for re-entry to the UK as soon as you reach your destination country. Your chances of success will depend upon which of the above categories you fall in to, and how you handled your overstay with the authorities (i.e., your credibility). If you overstay beyond the time given in an Administrative Removal, you will be in *trouble*.

Below are a series of steps you can use to see your various alternatives and possibilities.
Have you overstayed? Check the date on your visa to assure that you are, in fact, an overstayer. Travel days in transit to leave the UK do not count against an overstay; and if you have time to leave, you can avoid overstaying by doing so. If you are certain that you have overstayed, go to step 2.
Has your overstay been unavoidable? This means you intended to leave the UK, but were unable to do so due to circumstances beyond your control. This can arise from political incidents like 9/11, or for medical reasons, or if you were the victim of a crime. In this case, simply phone one of the IND offices listed below, they will know what to do next. If your overstay could have been avoided and you opted to overstay anyway, go to step 3.
Are you the spouse of a British citizen and your spouse is unable to leave the UK? For medical, legal, or other reasons? If so, call one of the IND offices below. If not, go to step 4.
Are you the spouse of a British citizen and can demonstrate a subsisting relationship *AND* have been living in the UK for at least two years? If so, call one of the IND offices below. If not, go to step 5.
Are you eligible for any of the concessions that the Home Office has sponsored? The Home Office can act to regularise family immigration status if various conditions are met. There are also some long-term concessions for people who have been here for 7, 10, and 14 years. Concessions are usually time-limited and somewhat complex, and you would need to approach an advisor to learn which concessions are available to you. If you are not eligle for a concession, go to step 6.
Are your circumstances compelling enough to warrant discretionary or compassionate casework? The Home Office has authority to use discretionary powers which override the normal rules, and they can grant Exceptional Leave to Remain if your circumstances warrant it. You cannot apply directly for discretionary treatment - there are no forms - the Home Office will examine the merits of your case and issue a ruling. If your case does not warrant discretionary treatment, go to step 7.
If you have reached this step, you have three remaining options:
Turn yourself in to an IND office and hope for the best. This is best approached by simultaneously applying for an extension of your visa; To do this,
download the FLR(O) form and complete it,
then prepare a cover letter that gives a detailed account of your circumstances, and
then gather the other documentation the Home Office needs in order to make a determination on your case; and finally
make an appointment at one of the Port Offices listed below... Applications are also accepted by mail or in person (the instructions are on the FLR(O) form), and you will normally be allowed to remain in the UK legally while your application is being considered. Your chances of success depend upon which of the above categories you fall into, and the relative merits of your case.
Leave the UK, possibly encountering exit controls at your debarkation point; or
Remain illegal, possibly compounding matters when you are eventually caught. As a final note, it is not generally advisable or productive to use internet forums for advice about overstaying. The rules change frequently, and few people on the internet have direct and applicable experience in overstays anyway.


So does anybody have an idea, whether there will be problems because of previous overstayings?

When that "someone" applies for a visa, while filling the application he should answer questions regarding his previous stays in UK, types of visas, their issue and expire dates, visas numbers and etc. In Embassy the con. officer can easily check all these answers and find fraud or UK Immigration Law's violation.
To cut a long story short, he might be issued a visa or rejected.
But he should answer all questions honestly and truely, otherwise he can get a ban to UK.

corsair
06-05-2007, 03:23 PM
Hi ppl.

Someone has been in the UK before (as a student and as a visitor). The last time he visited as a visitor, he overstayed there for about 6 months. But the person did not have any problems on returning home (In airport and etc. places). Now he wants to visit the UK again. But his friends are saying that, the embassy has all details about him in their database, and it (embassy) will not issue a visa for him. My question is, how could embassy know when the person left the UK or whether he overstayed in the UK? Do they get info from the Airport? Or Airline company? As far as I know, there was only face control in the airport. Besides this, he changed his passport, so there is no records of his previous visits to the UK (in a new passport).
I would like to know, is it possible that the embassy can have info of someone's overstaying in the UK, if he never breached any law, or has never been caught by police or immigration officers? How much is it possible to get refuse for this reason (i.e. overstaying previous time)? Any experiences?
One more thing is that, the guy did not travel to the UK directly from Uzb. He traveled with Russian airlines via Moscow. So in fact, for Uzb. authorities, he left for Russia and returned from Russia (in case if the Embassy gets info from Uzb. Authorities, i.e. Airport).

So does anybody have an idea, whether there will be problems because of previous overstayings?

the embassy cant have info!
i know some guys who overstayed 2 years and they went back to UK again...
airlines has to share info only with anti-terror orgs or police.
embassy cant force them to give info about everyone ...

how do they know that someone overstayed his visa if they dont stamp the passport or they dont even look at the page with visa?

airlines have to keep info up to 5-6 years but i am sure they dont do that.
its too expncv!

tell your friend not to worry about his visa he will get it.