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Howard
Howard, Immigration Lawyer
Category: UK Immigration Law
Satisfied Customers: 459
Experience:  Senior Partner with nearly 20 years experience in UK Immigration Law.
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hi i am a us green holder as i am married to us citizen. i

Resolved Question:

hi i am a us green holder as i am married to us citizen. i am an indian citizen. visited uk on visitor visa in nov 2007 and was there until may 2008. i overstayed my visa for 5 and half months. i was caught working in a store and was deported to india. the circumstances were such that i was forced to stay there and to earn money to go back i had to work. when i was caught i explained the authorities and requested them to send me back to india. now i applied visa twice after getting married once before i got green card on the basis of advance parole. got refused as they said i have no status in us and other they said i have ban upto 2018. second time i applied n got refused because of the ban. me and my husband want to visit uk but the problem is visa. he doesnt need visa as he is us citizen but i need it. i have all the supporting documents. but not getting visa because of the bar upto 2018 as the refusal letter says my applications ll be automatically denied upto may 2018. is there is something we can do to get visa?
Submitted: 11 months ago.
Category: UK Immigration Law
Expert:  Howard replied 11 months ago.
Current rules would provide a 1-year ban if you left voluntarily at your own expense or a 2 or 5-year ban if this was at the expense of the state. If removal was enforced (refusal to leave) then there is a 10-year ban.

If you have a ban in place until 2018 and the ban was correct (which would appear to be the case) then there really is nothing you can do about it.

Sorry that I cannot provide better news for you. Please remember to rate the service that I have provided.
Customer: replied 11 months ago.
Is there any way?Can we do something?
Expert:  Howard replied 11 months ago.
If you have a 10-year ban then there is really nothing you can do about it unless the ban was incorrect, which does not appear to be the case based on the information you have provided. You were an overstayer and working illegally and so you will unfortunately have to wait until the ban expires before getting a UK visa.
Customer: replied 11 months ago.
One more thing I ll be us passport holder in 2016 still I have tp apply for visa on us passport or I can travel on us passport once I get it or even if I get us passport can't travel untill 2018?
Expert:  Howard replied 11 months ago.
If you have been refused entry previously then you are very strongly recommended to get a visa prior to entry and the ban would stop this happening so unfortunately you should still wait until the ban has expired.

I would like to provide you with a different answer but unfortunately you will have to wait until the ban has finished.
Customer: replied 11 months ago.

i havnt been refused entry ever.....also i know what you are saying just clarifying the facts for future

Expert:  Howard replied 11 months ago.
Quite right, although a previous refusal of visa applications is pretty much the same thing as a refusal of entry.

Please remember to rate the service provided.
Customer: replied 11 months ago.

so this means even if i get the us passport i have to wait till 2018 and after that i can travel without visa to uk.....right


 

Expert:  Howard replied 11 months ago.
Yes.
Customer: replied 11 months ago.

one last thing if a write a letter to the embassy in us and write them in detail about the situation and the change of situation is there a possibility of they could ask me to apply for visa again?

Expert:  Howard replied 11 months ago.
I am not sure what change in situation there is though - you would not be arguing that the ban should not have been given and the ban is on your entry and not on your entry with an Indian passport.

There is of course no harm in writing to them and asking but I would be surprised if they even give the matter a moments consideration.
Customer: replied 11 months ago.

just a letter would be ok without visa application do you agree with it?

Expert:  Howard replied 11 months ago.
There is no harm in writing a letter but you should not have high hopes of success.
Customer: replied 11 months ago.

i totally understand that...thanks anyways i appreciate your helpSmile

Expert:  Howard replied 11 months ago.
My pleasure and I wish you the best of luck.

Please ensure that you rate the service and not the result!
Howard, Immigration Lawyer
Satisfied Customers: 459
Experience: Senior Partner with nearly 20 years experience in UK Immigration Law.
Howard and other UK Immigration Law Specialists are ready to help you

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