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Awan-Legal
Awan-Legal, Solicitor
Category: UK Immigration Law
Satisfied Customers: 128
Experience:  Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
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my application for post study work was refused. i overstayed

Resolved Question:

my application for post study work was refused. i overstayed my visa for 4 month and after departing voluntarily, i was served with 10 year ban for overstaying at heathrow airport. The reason for Post study work refusal was maintainence funds. however i appeal for refusal back from my country under PANKINA judgement and i was given initially a 1 month visa to come to uk and apply for new visa under Post Study Work visa. however i opted to stay at my own country and i didnt went to uk in that 1 month time. I want to know whether my ban of 10 year has been overturned or not because of this 1 month visa?? or the ban still exist. 1 month visa sticker is on my passport due to pankina judgement. howwever i didnt went to uk in that one month time.
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Awan-Legal replied 2 years ago.

Awan-Legal : Hi
Awan-Legal : The 10 yea ban is completely wrong as an overstayer who left the UK voluntarily at his or her own expense is banned for 1 or 2 years.
Awan-Legal : The 10 year ban is for deception cases or those removed from the UK at public expense.
Awan-Legal : Sorry the above should state one year ban for an overstayer who left voluntarily.
Awan-Legal : You should print and rely on the following when submitting a new application and explain that you are only eligible for a one year ban and it is outside the law for them to impose a 10 year ban:
Awan-Legal : http://www.bia.homeoffice.gov.uk/sitecontent/documents/policyandlaw/enforcement/detentionandremovals/chapter62_re-entry-bans.pdf?view=Binary
Awan-Legal : I would also suggest putting in a formal complaint to the following email enclosing the above link and a copy of your previous refusal as evidence that they have acted 'ultra vires' (outside their powers) and unlawfully by banning you for ten years.
Awan-Legal : The 1 month endorsement should suffice as a reason for them to disregard the ban as the authorities have accepted that you can enter the UK within this time and the ban does not therefore apply to you. (enclose a copy of the appeal determination/decision).
Awan-Legal : Good luck and kindly click accept on my answer. Please request me again should you have any further questions and I will be happy to help.
Awan-Legal : Ps the email address for complaints is Email:XXX@XXXXXX.XXX
Awan-Legal, Solicitor
Satisfied Customers: 128
Experience: Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
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Awan-Legal
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