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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6650
Experience:  BA (Hons), PgDip, Practising Solicitor
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hi,i would like to know if i was caught 6 years ago in uk by

Customer Question

hi,i would like to know if i was caught 6 years ago in uk by immigration officers for overstaying for 4years and send back to malaysia.can i come back this time with my employers for an incentive trip full paid by them?
Submitted: 3 years ago.
Category: UK Law
Expert:  Thomas replied 3 years ago.
Hi
Thanks for your question.
To enable me to answer your question could you please respond to the following using the same numbering:-
1. Were you deported at the expense of the state? (ie. did they pay the cost of your flight ticket)
Kind regards.
Tom
Customer: replied 3 years ago.

yes.they paid for my flight ticket

 

Expert:  Thomas replied 3 years ago.
Right.

Did you leave voluntarily once they caught you or was there a deportation hearing and then an Order made for your deportation?

Tom
Customer: replied 3 years ago.
what happens next is the officers took me back to their office and later send me to a detention center than the following day i took the flight back to malaysia on their expenses
Expert:  Thomas replied 3 years ago.
Hi,

Thanks for your reply.

If there was no deportation hearing and you were simply given your notice of the removal decision taken by the UKBA then you have left voluntarily at the expense of the state. Depending on the length of time that you physically departed the UK after having received the notice you would have received either a 2 or a 5 year ban from re-entry.

If you applied within either of these times the UKBA would not even look at your application. They would simply reject it out of hand and refuse to consider it.

This does not mean that you will now be successful, it just means that the UKBA must “consider” your application. Overstaying is still a general reason for refusal which the UKBA is permitted to use under the immigration rules even though you may have served your ban and the reality is that the UKBA are highly likely to reject your application on this basis unless you can sufficiently explain why it was necessary to overstay for that length of time I’m afraid.

There is no human right argument in this case either I’m afraid so the reality is that it’s going to be very difficult for you to be successful applying for the type of visa that you are applying for .

I’m very sorry it could not be better news.

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
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6650
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 3 other UK Law Specialists are ready to help you
Customer: replied 3 years ago.
If i want to visit UK again, what are the chances since the deportation was 6 years ago? Would i even be able to enter the country ever again? Since Malaysians do not need to apply for a tourist visa to the UK, what if i provide my financial statement and a letter from my employer stating that i'm under employment in Malaysia, would the immigration allow me to enter the UK as tourist again?

Expert:  Thomas replied 3 years ago.

I'm afraid that the position is that you either have a ban or you don't. A statement from your employer will not change that, nor does the fact that there is a visa waiver program for Malaysia.

 

You need to write to the uKBA to find out.


Kind regards,


Tom

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