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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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I am an overstayer since 2002, I want to return to south africa,

Customer Question

I am an overstayer since 2002, I want to return to south africa, what are the ramifications?, will i have trouble at the airport on leaving? My fiance also south african, though her father is german and they have residency here. will there be problems for us re: visiting her parents here in the UK annually...?
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 3 years ago.

Hi,

 

What is the total number of years that you have been in the UK, including your original visa and the overstay?

 

Tom

Customer: replied 3 years ago.

Hi, i have been here since October 2002, so about 8.5years

 

6 month visa which expired april 2003, overstayer since then.

Regards

Adrian

Expert:  Thomas replied 3 years ago.

Adrian,

 

I note you say that "they have residency here" - does this mean that your fiance's parents have indefinite leave to remain here but your fiance does not?

Tom

Customer: replied 3 years ago.
they all have indefinite leave to remain, all have german/european passports, including my fiance..
Expert:  Thomas replied 3 years ago.

Hi,

 

If you leave of your own accord then you will receive an automatic ban from re-entering the UK for a period of one year from the date of your departure.


In order to visit the UK for the purposes of visiting your grandparents you will need to apply for a visitor's visa. You should do this directly to the nearest British Embassy. They will probably reject it on the basis of your overstay. You will then have to appeal arguing your article 8 right to a family and private life and that this should extend to vising your grandparents.

 

If you can produce evidence of your continuing life in SA (ie. evidence of continuing employment, accommodation etc) then your argument will be strengthened. You may need a UK solicitor to prepare your appeal for you.

 

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

Customer: replied 3 years ago.

you mention that there is an automatic one year ban if I leave on my own accord, i understand that, however, you also mention that my application for visa will be denied. Would this be after the one year has passed or within the automatic ban year? it rather seems like an automatic indefinate ban..., also, the purpose of future visits will be to visit my fiance's (propably by then my wife's) parents and not grandparents as per your answer.

so, can i take it that I should not expect any problems at the airport on my leaving?

Regards

Adrian

Expert:  Thomas replied 3 years ago.

Adrian,

 

You will not be able to apply for any type of visa during the ban.

 

After the ban it's not an automatic indefinite ban, but an overstay is ground for a refusal of a visa in all cases except those based upon a family relationship (eg. for a spouses or fiance visa) where to do so would be an infringement of one's right to a family and private life.

 

THe application you would make to come here and see her parents (mistake noted) would obviously be for a visitor's visa and therefore they could refuse it initially.It's not a given but they can Their decision can be appealed to an immigration tribunal however where your evidence will get a fairer hearing of your evidence.

 

At Airport your overstay will be noted in your passport.

 

Hope this clarifies ,if so please kindly click accept.

 

Kind regards,

 

Tom



Edited by T_Graham12 on 2/8/2011 at 8:12 PM EST
Thomas, Solicitor
Satisfied Customers: 6290
Experience: BA (Hons), PgDip, Practising Solicitor
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Customer: replied 3 years ago.

thank you for your time and answers.

I have accepted.

 

Could you clarify for me, as a South African, we do not need to apply for a visa unless your stay/visit exceeds 6 months, or you intend travelling to other countries from the UK.

Has this changed since 2002?

Regards

Adrian

Expert:  Thomas replied 3 years ago.
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