Ask an UK Law Question, Get an Answer ASAP!
Thanks for your question.
The advice of the UKBA's official at the airport is correct in my view. I am quite suspicious of immigration companies and if I were a lay person would always rely on an immigration solicitor if I had the choice.
A 3 year ban is quite a serious ban, it would be noted in his passport. As a guide I attach some policy guidance on overstayers which is obviously a much more serious offence that your husband's act (which I would not even classify as an offence, there is certainly no UKBA guidance on it):-
You will see that for the quite serious offence of overstaying and then leaving of their own accord an overstayer only receives a one year ban. You get a two year ban for leaving at the expense of the governement within 6 months of notice of removal.
Overstays are not permitted as the sole reason for the UKBA to refuse a spouses visa either and yours is much less serious than that.
He should disclose it in his application and submit a notarise witness statement confriming the details and stating that his attempted re-entry was simply as a result of his honest mistake and a misunderstanding of the visa rights of austrailan nationals.
To deny him entry on this basis would in my opinion be a breach of his right to a family and private life, so even if they did reject then he would have a very good chance upon appeal.
If this has been useful 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
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).