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Leaving Voluntarily after overstaying will ban for how Long?

General UK immigration & work permits; don't post job search or family related topics!

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usmmlik
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Leaving Voluntarily after overstaying will ban for how Long?

Post by usmmlik » Sat Mar 18, 2017 8:42 pm

hi,
I came in the UK in 2011 on student visa and after that i have applied for eea extended family member visa, which was refused and court appeal was adjourned because of no right of appeal. I received letter from court on 14 march 2017 saying that" my appeal has been dismissed"
I want to ask:
if I leave country voluntarily, how long ban Shall i have to face to apply for a new visa?
or can I apply for any other visa while staying in the UK?
waiting for your advise.
many thanks

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Re: Leaving Voluntarily after overstaying will ban for how L

Post by CR001 » Sat Mar 18, 2017 8:48 pm

When did your student visa expire?

What is the relation to you of the EU citizen on who you based your extended family member application on?

What visa do you intend to apply for again?

You have no valid leave to remain, you are an overstayer, so unlikely you would be able to submit any application within the UK.
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usmmlik
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Re: Leaving Voluntarily after overstaying will ban for how L

Post by usmmlik » Sat Mar 18, 2017 8:51 pm

CR001 wrote:When did your student visa expire?

What is the relation to you of the EU citizen on who you based your extended family member application on?

What visa do you intend to apply for again?

You have no valid leave to remain, you are an over stayer, so unlikely you would be able to submit any application within the UK.
My student visa expired in may 2016, but i applied for eea extended family member in July 2015 and refused in December 2015. after that appeal took long until march 2017.
Relation with EEA national is sister in Law,
reason for refusal was "Prior Dependency"
I have no Idea, which visa to apply while staying the UK.
can you please advise any?
thanks

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Re: Leaving Voluntarily after overstaying will ban for how L

Post by CR001 » Sat Mar 18, 2017 9:01 pm

My student visa expired in may 2016, but i applied for eea extended family member in July 2015 and refused in December 2015. after that appeal took long until march 2017.
You have been an overstayer, with no Section 3C protection, since May 2016 when your student visa expired. Section 3C does not cover EEA EFM applications.
I have no Idea, which visa to apply while staying the UK.
There is no visa you can apply for INSIDE the UK as you have no legal status in the UK.
can you please advise any?
You will have to find a visa that you qualify for and apply OUTSIDE the UK.
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Re: Leaving Voluntarily after overstaying will ban for how L

Post by usmmlik » Sun Mar 19, 2017 2:12 pm

CR001 wrote:
My student visa expired in may 2016, but i applied for eea extended family member in July 2015 and refused in December 2015. after that appeal took long until march 2017.
You have been an overstayer, with no Section 3C protection, since May 2016 when your student visa expired. Section 3C does not cover EEA EFM applications.
I have no Idea, which visa to apply while staying the UK.
There is no visa you can apply for INSIDE the UK as you have no legal status in the UK.
can you please advise any?
You will have to find a visa that you qualify for and apply OUTSIDE the UK.
if i leave voluntarily, hoe long ban shall i have to face to re apply for any UK visa? and what are the chances to get one after leaving the country?
thanks

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Re: Leaving Voluntarily after overstaying will ban for how L

Post by CR001 » Sun Mar 19, 2017 2:29 pm

Probably a year ban, but you should be informed of this.

You have not stated what visa you think you might qualify for should you choose to return to the UK??
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Re: Leaving Voluntarily after overstaying will ban for how L

Post by usmmlik » Sun Mar 19, 2017 2:45 pm

CR001 wrote:Probably a year ban, but you should be informed of this.

You have not stated what visa you think you might qualify for should you choose to return to the UK??
I have only option to apply for 200K entrepreneur visa to start a business (a small factory) in the UK. can I qualify for that? if I have all the related documents and money from Investors.

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Re: Leaving Voluntarily after overstaying will ban for how L

Post by CR001 » Sun Mar 19, 2017 3:06 pm

If you have all the documents, business plan, and score the points you can try. Money must be available in your account for £200k route. It is not the easiest visa to get nor the easiest to extend. Many tales of woe on the Tier 1 Ent sub forum, suggest have a read.

Suggest post your Tier 1 Ent queries in the Tier 1 Entrepreneur sub forum towards the top of the main page for advice.
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Re: Leaving Voluntarily after overstaying will ban for how L

Post by usmmlik » Sat Apr 29, 2017 11:21 am

hi, thanks for your advise,
i have re-applied for EEA extended family member permit. abd my file is in H.O. the fees has been charged from my account. Can i apply visit visa for my family (wife and Kids) while my file is under process in the H.O?
what is the best way to meet my family?
please advise.

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Re: Leaving Voluntarily after overstaying will ban for how L

Post by vinny » Sat Apr 29, 2017 11:44 am

Why did you apply as an extended family member when you have a wife?
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usmmlik
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Re: Leaving Voluntarily after overstaying will ban for how L

Post by usmmlik » Sat Apr 29, 2017 12:08 pm

CR001 wrote:If you have all the documents, business plan, and score the points you can try. Money must be available in your account for £200k route. It is not the easiest visa to get nor the easiest to extend. Many tales of woe on the Tier 1 Ent sub forum, suggest have a read.

Suggest post your Tier 1 Ent queries in the Tier 1 Entrepreneur sub forum towards the top of the main page for advice.
hi, thanks for your advise,
i have re-applied for EEA extended family member permit. abd my file is in H.O. the fees has been charged from my account. Can i apply visit visa for my family (wife and Kids) while my file is under process in the H.O?
what is the best way to meet my family?
please advise.

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Re: Leaving Voluntarily after overstaying will ban for how L

Post by drinver » Sat Apr 29, 2017 2:48 pm

Did you finish your studies in the UK and get a qualification?

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Re: Leaving Voluntarily after overstaying will ban for how L

Post by Casa » Sat Apr 29, 2017 2:51 pm

You can't sponsor your wife and children as visitors when you are in the UK illegally.
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Re: Leaving Voluntarily after overstaying will ban for how L

Post by usmmlik » Sat Apr 29, 2017 2:54 pm

drinver wrote:Did you finish your studies in the UK and get a qualification?
no, I tried but my 2 colleges were closed down by H.O and I lost £7k fees. after that I was unable to take admission in any other college

usmmlik
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Re: Leaving Voluntarily after overstaying will ban for how L

Post by usmmlik » Sat Apr 29, 2017 2:57 pm

Casa wrote:You can't sponsor your wife and children as visitors when you are in the UK illegally.
Can they come on their own expenses? my wife is working and she can support her self. but will it affect my application for EEA Extended Family Member? and what will be the result if they apply on their own, without any sponsor, visit for 2 weeks. with the kids.
Or If a British Citizen Sponsor their visit. in that case. what is better option to do and how to justify my status in the UK?

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Re: Leaving Voluntarily after overstaying will ban for how L

Post by Wanderer » Sat Apr 29, 2017 3:41 pm

Suggest you visit the local farmers market for some straws to clutch.
An chéad stad eile Stáisiún Uí Chonghaile....

usmmlik
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Re: Leaving Voluntarily after overstaying will ban for how L

Post by usmmlik » Sat Apr 29, 2017 3:44 pm

Wanderer wrote:Suggest you visit the local farmers market for some straws to clutch.
can you please write in simple English, lol its very difficult to understand.
many thanks

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Re: Leaving Voluntarily after overstaying will ban for how L

Post by Casa » Sat Apr 29, 2017 3:53 pm

usmmlik wrote:
Wanderer wrote:Suggest you visit the local farmers market for some straws to clutch.
can you please write in simple English, lol its very difficult to understand.
many thanks
Clutching at straws = Try any route to get out of a desperate situation, no matter how unlikely it is to succeed.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

usmmlik
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Re: Leaving Voluntarily after overstaying will ban for how L

Post by usmmlik » Sat Apr 29, 2017 3:58 pm

Casa wrote:
usmmlik wrote:
Wanderer wrote:Suggest you visit the local farmers market for some straws to clutch.
can you please write in simple English, lol its very difficult to understand.
many thanks
Clutching at straws = Try any route to get out of a desperate situation, no matter how unlikely it is to succeed.
thanks for your advise. if my wife shows her salary slips and her income, will it affect my current application as extended family member?

many thanks

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Re: Leaving Voluntarily after overstaying will ban for how L

Post by CR001 » Sat Apr 29, 2017 4:34 pm

Have your wife and kids been in the UK previously as your dependents?

Will she state in her visit visa application that she is coming to visit you?
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Re: Leaving Voluntarily after overstaying will ban for how L

Post by usmmlik » Sat Apr 29, 2017 4:58 pm

CR001 wrote:Have your wife and kids been in the UK previously as your dependents?

Will she state in her visit visa application that she is coming to visit you?
hi,
they have applied in 2012, but they were refused and then paper based appeal was also refused. after that they did not apply. in that case, what is is the best thing to say? should they apply for a family visitor visa or tourist visit visa? and what to write in spouse section in Application form?
The company she is working , they offered her 2 week paid holidays and they will sponsor her trip.

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Re: Leaving Voluntarily after overstaying will ban for how L

Post by CR001 » Sat Apr 29, 2017 5:16 pm

The point is, HO will have a record that you, an overstayer still in the UK, is married to the visit visa applicant and her application will likely fail.

I still don't see how another EEA EFM application will succeed. Why do you think it will?

You do realise that you also won't be able to sponsor your wife and kids IF you are granted an EEA EFM permit.
Char (CR001 not Casa)
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Re: Leaving Voluntarily after overstaying will ban for how L

Post by usmmlik » Sat Apr 29, 2017 5:22 pm

CR001 wrote:The point is, HO will have a record that you, an overstayer still in the UK, is married to the visit visa applicant and her application will likely fail.

I still don't see how another EEA EFM application will succeed. Why do you think it will?

You do realise that you also won't be able to sponsor your wife and kids IF you are granted an EEA EFM permit.
I am not sponsoring my wife and kids, the company she is working they will sponsor her visit for the UK. she will provide evidence for that. she has salary slips and other documents to prove that she is working. and will go back to her country after 2 weeks.

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Re: Leaving Voluntarily after overstaying will ban for how L

Post by CR001 » Sat Apr 29, 2017 5:25 pm

I was referring to sponsoring her to live in the UK with you IF you legalised your status.
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Re: Leaving Voluntarily after overstaying will ban for how L

Post by Casa » Sat Apr 29, 2017 5:26 pm

Why would her employer sponsor a visitor visa from her and your children :?: The ECO may consider that she Is intending to work on her employer's behalf while she is in the UK.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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