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Topic: A heads up regarding overstayers and returning home to make an application  (Read 5271 times)

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  • Paul & Terri O'Neale
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Re: A heads up regarding overstayers and returning home to make an application
« Reply #15 on: February 07, 2008, 08:59:50 PM »
Then could we or should we on an advocacy basis do a special press release and try to educate/warn on something that is obviously low-key?
Terri P O'Neale


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Re: A heads up regarding overstayers and returning home to make an application
« Reply #16 on: February 07, 2008, 09:39:35 PM »
Couldn't the Embassies/Consulates inform their 'citizens'? 


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Re: A heads up regarding overstayers and returning home to make an application
« Reply #17 on: February 07, 2008, 09:41:15 PM »
I doubt the consulates/embassies are any more aware of the overstayers than the British Gov't is.
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Re: A heads up regarding overstayers and returning home to make an application
« Reply #18 on: February 07, 2008, 09:54:02 PM »
 :)  I meant, for instance, including the updated law in their monthly letters that they email to citizens, etc., or including it on a "What's New" page on their websites. 


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Re: A heads up regarding overstayers and returning home to make an application
« Reply #19 on: February 08, 2008, 03:11:08 AM »
:)  I meant, for instance, including the updated law in their monthly letters that they email to citizens, etc., or including it on a "What's New" page on their websites. 

Only problem I can see with this is, if they're overstayers, they're not likely to be registered with their embassy to be getting such newsletters...wouldn't the embassy be legally bound to expose them? Just a guess, as I'm not an overstayer, nor do I work for any embassies :)  Although if they do have websites I suppose that is a way -- except the overstayers that are doing it may not know about it, as I didn't.


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Re: A heads up regarding overstayers and returning home to make an application
« Reply #20 on: February 08, 2008, 04:47:49 AM »
An update from the Advocacy Group about this issue:

Garry has informed us that the ILPA is rallying for some sort of counter activity and he says they were blind-sided by this turn of events.

UK-Y Advocacy is going to put together an Advisory about the changes that are happening and will hopefully have that up very soon.  We're also going to be briefing the US Consulate in London so they can issue an advisory as well and will be asking that they link to ours.

We will also be informing the American Hour to get word out to as many folks as possible.  For more info on the American Hour see this thread.

We'll update again as soon as we have more info.


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Re: A heads up regarding overstayers and returning home to make an application
« Reply #21 on: February 08, 2008, 09:22:45 AM »
I'll help with press releases and follow-up phone calls if you like. This is the type of press release that we can/should push to be published. It will also help us to form a relationship with some members of the press so that they call us for quotes any time something happens. In fact as soon as you have something ready I have a personal contact at the BBC that I will email ASAP.
Terri P O'Neale


Re: A heads up regarding overstayers and returning home to make an application
« Reply #22 on: October 07, 2008, 01:57:36 PM »
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.

Yes, Vicky, it IS true.  Here's an extract from a Ministerial Statement...

First, we will not automatically refuse applications from people applying to join their family permanently in the UK-that is to say, those applying for visas as a spouse, civil partner or unmarried or same-sex partner under paragraphs 281 or 295A of the immigration rules; a fiancée or proposed civil partner, as set out in paragraph 290 of the rules; a parent, grandparent or other dependent relative, as set out in paragraph 317; a person exercising rights of access to a child, as set out in paragraph 246; or a spouse, civil partner or unmarried or same-sex partner of a refugee or person with humanitarian protection, as set out in paragraphs 352A, 352AA, 352FA and 352FD. Following some of the comments made by hon. Members this evening, I will of course check to see whether we have cast the scope of those exceptions correctly, but my initial analysis is that that is where the discretion should apply.

They will not be able to back off from this position either. 

The current issue is not the ban, because the does not affect family immigrants.  The current issue is the time needed to qualify for citizenship if there's been an overstay in the person's history. 

Under the new legislation, the residency period will be 5 years for spouses (currently 3).  And the 5 years is for only those with a clean immigration history.
 


Re: A heads up regarding overstayers and returning home to make an application
« Reply #23 on: October 07, 2008, 02:04:27 PM »
The current issue is not the ban, because the does not affect family immigrants.  The current issue is the time needed to qualify for citizenship if there's been an overstay in the person's history. 

Under the new legislation, the residency period will be 5 years for spouses (currently 3).  And the 5 years is for only those with a clean immigration history.
 

Garry, will the 5 years only apply to overstayers or will it be across the board for all new citizenship applications? If applicable to all when will this be implemented?


Re: A heads up regarding overstayers and returning home to make an application
« Reply #24 on: October 07, 2008, 02:09:18 PM »
Not all.

For those on the Managed Migration track, the residency period will be 8 years.


Re: A heads up regarding overstayers and returning home to make an application
« Reply #25 on: October 07, 2008, 02:21:43 PM »
I'll help with press releases and follow-up phone calls if you like. This is the type of press release that we can/should push to be published. It will also help us to form a relationship with some members of the press so that they call us for quotes any time something happens. In fact as soon as you have something ready I have a personal contact at the BBC that I will email ASAP.

This is very kind of you, Terri. 

As to the mechanics though, ILPA is going to use an obscure parliamentary technique called a "entering a prayer" next month when the new bill is laid before Parliament.  UK-Yankee will be represented in that action and will be available to give evidence to Parliament when its needed.

What you *COULD* do is help block the proposed legislation for immigrant victims of domestic violence, because they are going to get shafted royally.  This was announced last week in a surprise briefing, and everybody on the advocacy side is already stretched thin to the max just trying to fight the stuff we already knew about.  I think some support to the groups hit hard by domestic violence would be great!


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Re: A heads up regarding overstayers and returning home to make an application
« Reply #26 on: October 07, 2008, 08:22:54 PM »
Wait, is the ban back on?  This thread is over 8 months old and I'm confused as to what the current rules and plans are.


Re: A heads up regarding overstayers and returning home to make an application
« Reply #27 on: October 07, 2008, 08:36:57 PM »
The ban (more properly, HC321) activated last week.  It's real.

The part about spouses needing 5 years residence for citizenship is in the new bill, which goes for its first reading in Commons next month.  Advocacy groups in the UK will move for its annulment via prayer as soon as the bill is released by the Home Affairs Committee.



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Re: A heads up regarding overstayers and returning home to make an application
« Reply #28 on: October 07, 2008, 11:09:38 PM »
F*ing A... ok... time to gird my loins again...  This is what happens when I ignore this for a year, it all goes tits up.

Ok, question is will all this new stuff be retro-active for those of us already in process?  Not that I don't believe in screaming and yelling about this, but if it is suddenly becomes 5 years for me it will simply mean I will have to consider making a move outside of the UK sooner.
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Re: A heads up regarding overstayers and returning home to make an application
« Reply #29 on: October 07, 2008, 11:33:44 PM »
The grand plan is that those who submit a valid naturalization application prior to commencement will be exempt from the new residency requirements and other hurdles.

That's the grand plan.  BUT please do realize that we plan on tripping them up.  ;)  And please show a little faith (there's magic in the night), that it's not going to be a simple fait accompli to get this bill through Lords unamended.


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