A heads up regarding overstayers and returning home to make an application

http://www.bia.homeoffice.gov.uk/sitecontent/documents/policyandlaw/statementsofchanges/2008/hc321.pdf?view=Binary

7.25. Applicants who have been refused entry clearance after having used deception in their applications will have any future applications they make refused for ten years. Other immigration offenders (other than those who overstayed for 28 or fewer days and left at their own expense) will be refused for the following periods:

One year if, following their breach, they left the UK voluntarily at their own expense;

Five years if, following their breach, they left the UK voluntarily at public expense; and

Ten years if they were removed or deported from the UK following their breach.

I'm not sure exactly when this will come into effect, but I imagine it will happen pretty rapidly.

29th Feb I believe.

Bad, bad, bad.

Vicky

This was long overdue.  The UK immigration system is in a shambles largely because of so much abuse.

My immediate sympathies always go to those who respect our laws, and this measure will help ease the unecessary burdens placed upon them by those who abuse the system.

If there's a solid and defensible reason for overstaying, the applicant will not be refused reentry.  The overwhelming bulk of overstayers cannot provide that sort of grounds.

29th Feb I believe.

Damn!  Talk about sneaking it it fast!

I'm wondering if it doesn't actually make things easier. I mean every time there's a solid guideline in place, doesn't that take confusion out of the process?

At least now you know not to bother applying until at least a year's up.

I'll tell you why it's bad....

there are many people who have overstayed, foolishly, and have no excuse.  Many of these people are married to UK nationals, many of them have children.  Now, even if they do the right thing and leave the UK voluntarily, they will be barred from returning for 12 months.  What would any of you mothers do if this was you?  My guess is that many will just keep their heads down and hide from the authorities rather than be seperated from their children.

I believe this will just make the situation worse.  Fair enough to do it for those who breach the rules from now on, but there should be some sort of amnesty for those already here.

Vicky

I believe this will just make the situation worse.  Fair enough to do it for those who breach the rules from now on, but there should be some sort of amnesty for those already here.

Vicky

I agree.

I believe this will just make the situation worse.  Fair enough to do it for those who breach the rules from now on, but there should be some sort of amnesty for those already here.

Vicky

Oh..I didn't realize it was retroactive. Yes, that is crummy.

Who bears the burden of proof re deception vs. ignorance.

I tend to agree with you Vicky.  I think that's what bothers me when these new rules come out.  Not just here, but elsewhere like in the US.  I see the point in tightening the rules and all that, but none of these ideas take into consideratoin what to do with those already here, other than to say f*ck off home, we don't want you here.  It also seems that (not necessarily in the UK, yet) the proposals set forth as "solutions" are getting more and more absurd and not feasable.  The new Immigration Bill in Ireland for example actually is trying to make it law that if a solicitor takes on an immigration/asylum case the Government deems frivolous, than the solicitor is personally responsible for paying back the Government costs.

I don't have a problem with this rule, per se, but I do have a problem with things like this not getting the publicity they deserve.  Unless an overstayer happens to come across UKY or read the BIA website, they aren't likely to hear about this in time to actually do anything about it. 

It's not just this case....immigration rules and requirements get changed quite frequently here, and there's very rarely a HUGE announcement, which leaves people (even more) clueless about the process.

Who bears the burden of proof re deception vs. ignorance.

If the Home Office claim you have used deception, it is up to you to show that, on the balance of probabilities, they are wrong.

Vicky

I don't have a problem with this rule, per se, but I do have a problem with things like this not getting the publicity they deserve.  Unless an overstayer happens to come across UKY or read the BIA website, they aren't likely to hear about this in time to actually do anything about it. 

It's not just this case....immigration rules and requirements get changed quite frequently here, and there's very rarely a HUGE announcement, which leaves people (even more) clueless about the process.

This is always what bothers me about this stuff.  We see so many folks on here who say if they hadn't read it here, they wouldn't have known.

I'll tell you why it's bad....

there are many people who have overstayed, foolishly, and have no excuse.  Many of these people are married to UK nationals, many of them have children.  Now, even if they do the right thing and leave the UK voluntarily, they will be barred from returning for 12 months.  What would any of you mothers do if this was you?  My guess is that many will just keep their heads down and hide from the authorities rather than be seperated from their children.

I believe this will just make the situation worse.  Fair enough to do it for those who breach the rules from now on, but there should be some sort of amnesty for those already here.

Sorry, but an open-door policy isn't going to happen, and it is not realistic to envision one. 

Except for the most egregious cases, there are no plans to break up families, and your defence on this point is uninformed.

The chronic overstayers you referred to will not be grandfathered but WILL have a chance to regularize BEFORE the new rules take effect.   Whether or not to regularize in time is choice they will make apart from what gets discussed in UKY.  Again, your defence is uninformed.

A stronger treatment for overstayers, along with the bio stuff, will actually enable more people to come to the UK in all the various programmes who would otherwise not qualify.

Uninformed?  Harsh, Garry, and also not true.

Please tell me where in the new rules it states that there are 'no plans to break up families'.  Please tell me how chronic overstayers are going to be able to regularise their status before these rules kick in 22 days time?  Especially as most will not actually know about these changes.

As I said, I don't mind a stronger attitude to overstayers, but there needs to be room for manouvre in exceptional cases.  Otherwise, the courts are going to be chock full of article 8 cases.

Vicky