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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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a friend returned volenterily to her homeland in new zealand

Resolved Question:

a friend returned volenterily to her homeland in new zealand after staying in the uk as an overstayer for a number of years. she wants to come back to the uk to stay, can she get a visa to do so.
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 3 years ago.

Hi,

 

What type of visa would she hope to rely on to come back to the UK?

 

Tom

Customer: replied 3 years ago.
a long stay visa i presume. what are the options?
Expert:  Thomas replied 3 years ago.

Workers visa, Student visa, etc.

 

The difficulty is that an overstay is general grounds for refusal under the Immigrations Rules for all applications except those based upon a relationship (eg.marriage, civil partnership, long-term co-habiting relationship to a UK/EEA national or other person with indefinite leave to remain in the UK. An application made on the basis of a relationship could not be rejected by virtue of the overstay alone.

 

Given the current immigration policy of the day it is highly likely that your friends application for a visa under any other category would be rejected due the overstay I'm afraid, a 'number of years' is quite long and therefore serious.

 

There is also a cap on workers visas applications which has been reached and no further applications are being entertained until further notice.

 

Unfortunately, it's going to be very difficult for your friend to return unless there were exceptional and provable circumstances which mean that they had no option but to overstay.

 

I'm very sorry it could not be better news. If this is useful please kindly click accept so that I may be rewarded for my time. You will be free to ask follow up questions.

 

Kind regards,

 

Tom

Thomas, Solicitor
Satisfied Customers: 6399
Experience: BA (Hons), PgDip, Practising Solicitor
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