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Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7602
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hello Thomas, Im from Brazil and have overstayed in the UK

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Hello Thomas,
I'm from Brazil and have overstayed in the UK for two years now, but I have a family visa from Germany that expires next November.
What exactly do I risk when I leave the country ?
Thank you

Are you saying that you have been granted a family visa from the German government but you are worried about what the UKBA officials will do when you attempt to leave the UK?

Customer: replied 3 years ago.

Yes, I'm married to a German citizen and have been granted a family visa from the German government, yet I have overstayed in the UK for two years now and I'd like to know what the UKBA officials could do when I leave the Country back to Germany.


Thanks for your patience.

If you leave the UK voluntarily by paying for your own flight then the normal procedure would be for the UKBA to note the fact that you have overstayed when you go through customs.

In the ordinary course of events, the would issue you with a re-entry ban of 1 year. This means that you would not be able to enter the UK for this period and any application that you were to submit for a visa would be automatically rejected.

Additionally, although the automatic ban will lapse after a year the UKBA will still be aware of it. This would make further visa applications problematic because of the original overstay and you would have to mitigate the overstay heavily and (as a minimum) provide considerable character references to have a chance of coming back for visits.

However, the fact that you would be married to a German national would help you considerably if she were travelling with you.

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Kind regards,

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