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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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If someone from outside Europe has been in the UK for say 18

Resolved Question:

If someone from outside Europe has been in the UK for say 18 months and they originally entered without a visa, and even possibly under another name, will it be possible to leave the UK with their own passport even though they might not have entered with it? And if so would it affect their ability to come back to the UK if they subsequently married a British Citizen?
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 3 years ago.
Hi

What nationality of passport do they have?

How did they enter if they did not have a visa orginially?

Tom



Customer: replied 3 years ago.
Thai, I'm not sure how they entered but I think it would have been illegally with a false name.
Expert:  Thomas replied 3 years ago.

Ok.

 

At the airport they are only interested in checking that the person travelling has a visa/passport for their onward destination. They do not check the date on which the person entered the UK originally so I doubt this will be a problem when she leaves.

 

If they then subsequently married a UK citizen in Thailand and then applied for a spouses visa then it would be a problem if the UKBA found out about entering fraudulently. This would be deception and the UKBA would be entitled to refuse the application on this ground and the chances on appeal would not be very good at all unless some exceptional and provable circumstances applied to the person when they originally entered (ie. they were forced to enter).

 

When applying for the spouses visa it is therefore crucially important that no documents or testimoney are submitted which refers to the persons time in the UK because that will let the cat out of the bag. The person must also think very hard about whether there are records here in their actual name which the UKBA could find and then realised that they had entered here fraudulently.

 

 

I hope this helps, if so please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

 

Kind regards,

 

Tom

Customer: replied 3 years ago.

When you say "forced entry" what circumstances would be seen as forced?

 

Also if they were to leave on their own passport now wouldn't this show up as having been in the UK or is this information not logged on departure?

 

Are there any alternatives to get to stay in the UK? I have heard that some people who are caught beyond their visa etc are given a choice to stay if they can be "guaranteed" by a uk citizen ie. provide a place to live etc. and make no benefit claims etc. Do you know if that happens?

Expert:  Thomas replied 3 years ago.

If they were in effect put in to a form of subservience where they feared for their safety if they did not enter or slavery.


The exit will be noted on their passport. The UKBA does check this and this will have to be explained. If she applied using another replacement passport at a later date it will not be shown on that and in order to find out the UKBA would have to check the database. They do do this, but it is not uncommon for them to miss these.

 

If they have entered on fraudulent grounds then the reality is that they are unlikely to secure leave to remain here unless they claim asylum (Thailand is not considered a country from which it is at all common for person to be granted asylum). A sponsor would not realy help either.


Trust this clarifies, if so please click accept.


Kind regards,


Tom

Customer: replied 3 years ago.
So basically you're saying that if there were any records of this person ever being in the UK fraudulently it woud be unlikely that a visa application even as a spouse would be accepted?
Expert:  Thomas replied 3 years ago.

Yes, that's correct unless the exceptional circumstance applied.

 

Tom

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