Overstayed Visa In The Past, Will A New Family Application Visa Be Granted?
By Amar Ali, Immigration Solicitor
Visa overstaying is a big issue in the UK - every year thousands of people who have entered the country overstay their visa for one reason or another. The problem is, in the eyes of UK Visas and Immigration, overstaying is a deal-breaker. Overstaying can have lasting effects on your stay in the UK, and any subsequent visits that you may wish to make in the future. So, while it is clearly better to avoid overstaying in the first place, this article is here to help those who have at one time overstayed in the UK and are now looking to return.
What Is The Ban Period For Those Who Have Overstayed In The Past?
In general, the Home Office will ban overstayers from re-entering the country for a period of up to 10 years (the maximum ban is not rare). This tough stance is clearly aimed at putting off would-be overstayers, but in general, it does not seem to be all that effective of a tactic. There are numerous reasons that this is the case, but often it is a case that the migrant has simply forgotten when they were meant to leave. A lot of migrants believe that the Home Office will contact them when it is time to leave, but this is not the case. It is solely down to the migrant to leave at the right moment.
So, what to do next? Well, unless you have any extenuating circumstances - such as leaving behind family members in the UK, there is not a lot that you can do apart from sitting out your ban in either your country of origin or a third country that you can stay in. While this may seem harsh, there is little tolerance for rule-breakers in the UK's immigration system, but if you wish to discuss potential options, please call us today to see if there is any way in which we can help.
Is There Any Way To Appeal An Immigration Ban?
In essence, unless your human rights are being infringed (for example by being removed from your family), your right to appeal against a re-entry ban is going to be limited. The Home Office maintains significant power to turn down immigration applications, especially when there is a history of wrongdoing.
Human rights really are the only angle of attack that most people on a re-entry ban will have. These rights will normally apply to those who have family members who remain in the UK or other exceptional cases such as those who have been the victims of trafficking. If you believe that your human rights are being infringed by your re-entry ban, call us today and speak to our team about lodging an appeal. We can give you the best chance of a successful resolution, as our team's experience and ability are second to none.
Is There Any Way For Me To Enter The UK After Being Banned?
There are a few options for re-entering the UK after being banned. The main option will be to wait for your ban to end. If you do this, your record will be wiped clean and you will, once again, be able to successfully apply for a visa to come back to the UK. Another option will be to lodge an appeal if you believe that anything about your removal or re-entry ban was unlawful. If this is the case, you will need the assistance of an immigration solicitor such as ourselves to help to curate a case.
One other powerful option is available if you have a British relative. If you are either the partner or the parent of a British citizen, you will be able to circumvent the ban and settle as such. This is an ideal situation for many who have had a relationship or raised a family during their time in the UK and is certainly the option to consider if it is open to you. If you wish to discuss this, call today and speak to a member of our team who will be happy to give you the advice that you need to settle.
Human Rights Considerations
As Britain is an adherent to the Human Rights Act, it is no surprise that human rights are taken extremely seriously in the UK. The Home Office, while strict, does not routinely split up families in the UK, even in the event of a visa re-entry ban. This also applies to those who have been trafficked to the UK, and also those who would be in danger if they were returned to their country of origin. As you may be aware, many people come to the UK from countries which are very dangerous, and it is often ill-advised to return citizens back to them for fear of what may happen to them.
While human rights can sometimes get a bad rap in the British media, they are very much an integral part of the way that Britain's legal system works. As a country that enshrines many rights, the UK will generally act very fairly, even to those who have abused the system. So, if you believe that your human rights may be infringed by a re-entry ban, call us today and speak to us about your options for avoiding a re-entry ban to the UK.
Getting Further Help
If you need more help with an immigration query then please get in touch with our immigration solicitors. While we cannot promise that we will be able to repeal a re-entry ban, we will do everything in our power to help you receive the correct treatment. If you need assistance, our team are on hand to give you all the advice and support that you could need. So get in touch today and let us help.
