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INC
INC, Solicitor-Advocate
Category: UK Immigration Law
Satisfied Customers: 11614
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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My fianc and I are currently in the UK (I am British) and

Customer Question

My fiancé and I are currently in the UK (I am British) and are planning to go back to his country Ghana to get married in January. He is an overstay and when his last application was declined they kept his passport, how do we go about getting this back so we can book our flights to go back? What is the procedure we need to follow? We intend on paying for the flight ourselves so do not required funding.
Our relationship is genuine and have been together 3 years so I understand the process we will face after the marriage but I am unsure on getting back to Ghana to start with, please help with as much detail as possible.

Thank you in advance.
Submitted: 7 years ago.
Category: UK Immigration Law
Expert:  INC replied 7 years ago.

Hi,

 

Why does he not obtain a new passport from the Ghanaian Embassy in London?

Customer: replied 7 years ago.

I thought he couldnt as he has overstayed. Isn't there a procedure to follow for an overstay returning to their country? Do we have to inform anyone?

Expert:  INC replied 7 years ago.

Hi,

 

There is no procedure to follow as the UKBA wishes to make it as easy as possible for people who are in the UK illegally to return home as easily as possible.

 

The obnly thing he will need to do is obtain a new Ghanaian Passport.

 

I hope this helps. If so, kindly click accept.

 

If you wish to discuss, please feel free to ask further questions.

 

Kind regards,

Customer: replied 7 years ago.
Can he request his passport back or does he just need to get a new one?
Expert:  INC replied 7 years ago.

He can request his passport back, however, the UKBA may not return it if they believe it to be fraudulent.

 

If that is the case, he would be better off making an application for a new one.

 

 

Customer: replied 7 years ago.
The passport they have is completely legitimate, it is his original passport. How would he go about getting it back? If and when he gets it back is there a time frame in which he must leave? In best case scenario we want to get the passport, book our flights and travel at the beginning of January. Would they honour this or can they make him leave before or when they say?
Expert:  INC replied 7 years ago.

Hi,

 

He should leave as soon as reasonably practicable. If he remains in the UK longer than is necessary, it may adversely affect any future application.

 

I would suggest he contacts the UKBA and requests the return of his passport.

 

I hope this helps. If so, kindly click accept.

 

If you wish to discuss, please feel free to ask further questions.

 

Kind regards,

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