General UK immigration & work permits; don't post job search or family related topics!
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MariaT08
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by MariaT08 » Tue May 30, 2017 1:11 am
Hi,
My mum has over stayed in the UK for over 2 years and now she just wants to go back home (China), she will be travelling with travel document which Chinese embassy issued for her lately. I have 2 questions:
1. Can she fly with all airlines and transfer in other country rather than in China as not many direct flights options?
2. Will the check in desk at the airport let her leave without giving her any trouble? Since her travel document has no UK visa on it?
Much appreciated with all advise.
Thank you!
Maria
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tmonaghan
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by tmonaghan » Thu Jun 01, 2017 7:58 am
Well the UK Immigration Officers will be more than happy to let her go because she is an overstayer. However she could face some difficulties if she came back to the UK because she previously overstayed in the UK by two months. For as long as her Passport is valid to travel she should not find any difficulties to return back to China even if she flied indirectly to China. Some countries might expect her to hold a Visa to transit when changing flights. So as soon as she knows about her itinerary; she should contact the Consulate of any Countries she is flying through to find out whether or not she needs a Visa even if it is to change flights to return to China.
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Casa
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by Casa » Thu Jun 01, 2017 8:07 am
tmonaghan wrote:Well the UK Immigration Officers will be more than happy to let her go because she is an overstayer. However she could face some difficulties if she came back to the UK because she previously overstayed in the UK by two months. For as long as her Passport is valid to travel she should not find any difficulties to return back to China even if she flied indirectly to China. Some countries might expect her to hold a Visa to transit when changing flights. So as soon as she knows about her itinerary; she should contact the Consulate of any Countries she is flying through to find out whether or not she needs a Visa even if it is to change flights to return to China.
The OP's mother overstayed by 2 years.
(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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tmonaghan
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by tmonaghan » Thu Jun 01, 2017 8:10 am
Thank you Casa for bringing this up. Well, in that case the Mother's Visit Visa would certainly be denied for overstaying for two years.
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Casa
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by Casa » Thu Jun 01, 2017 8:14 am
tmonaghan wrote:Thank you Casa for bringing this up. Well, in that case the Mother's Visit Visa would certainly be denied for overstaying for two years.
I agree.
(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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MariaT08
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by MariaT08 » Thu Jun 01, 2017 9:24 am
tmonaghan wrote:Thank you Casa for bringing this up. Well, in that case the Mother's Visit Visa would certainly be denied for overstaying for two years.
Thank you for your reply, she has no plan to come back because of her age so she is not worried about that, we just want to prepare at the check in part if she would face difficulties.
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tmonaghan
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by tmonaghan » Thu Jun 01, 2017 9:50 am
The worst that could have happened would have been deportation but your mother is leaving the UK. Which means that she may have to explain why she overstayed for two years however they will let her go back to China. There are penalties for overstayers but that only applies if you mother remained in the UK and had been caught by the Immigration Officers. At the border they might register the date of her departure in case your mother wished to apply for a Visit Visa. To be frank; the Immigration Officer will simply caution her on her way out of the UK if she is apprehended by an Immigration Officer. And no they will not prevent your mother from leaving the UK to go back to China.
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MariaT08
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by MariaT08 » Thu Jun 01, 2017 10:25 am
Thank you very much for your reply, much appreciated!