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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7474
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi, my niece came to England with a tourist visa and she overstayed

Resolved Question:

Hi, my niece came to England with a tourist visa and she overstayed her welcome by about a year and a half lol... she left voluntarily... can she come back? I read she can after one year, is that true? and can she come back as a tourist?
Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 5 years ago.

Hi,


Thanks for your question.


The position is that it is mandatory for the UKBA to reject an application made by any person who has previously overstayed there visa and left at their own expense if they should make an application for re-entry within 1 year from the date on which they left the UK This means that whilst it would not be an application they would necessarily reject immediately upon receipt if she made one, they would certainly reject it if they considered that she were a further risk of an overstay.


It's going to be difficult with that length of overstay frankly, so she should certainly apply for a visa before she travels (whatever nationality she is - eg. USA) and the application needs to be well prepared and she explain fully why it was necessary for her to overstay in the past.

 

Unless she has very good reasons it is highly probable that her application would be rejected.

 

If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question. You will not be charged any further money for clicking accept.

 

I will answer your follow up questions you may have.


Kind regards,


Tom

 

Customer: replied 5 years ago.
Ok, you mention... "expense if they should make an application for re-entry within 1 year from the date on which they left the UK" she never made an application to travel here, as all she needed was her ticket and as she comes in, they stamp her passport. What happens if she just waits the for the year to be up, can she then just come back in? How do they know when she left britain? and by the way, she is from guatemala!
Expert:  Thomas replied 5 years ago.

Hi,


They will know because the date of her exit from the UK after the overstay will be noted in her passport. They will know she overstayed when she tries to go through immigration here after her flight and will refuse her entry.

 

Because of this she needs to apply for a visitor's visa before she travel. noting my advice above:-

http://www.ukvisas.gov.uk/en/howtoapply/infs/inf2visitors

 

Trust this clarifies, please click accept.


Kind regards,


Tom

Customer: replied 5 years ago.
what if she throws away her passport and gets a new one?
Expert:  Thomas replied 5 years ago.

It will be noted on the database here. She will be rejected if she travel here

 

She needs to make an application prior to travelling, and even then it will be very difficult because of the length of the overstay.

 

Please click accept.


Tom

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