Hlep! overstay or not??

Ok so i have a question maybe someone can help me with. Basically, the last time my fiance came over to the U.K to visit me, she stayed for 6 months. She told immigration she'd be staying until the 5Th January. After a few questions and asked to provide proof of funds, she was stamped in and told to enjoy her stay. BUT, the stamp they stamped her in for was slightly different to the other 2 she got stamped in on her previous visits, which say: ' enter to leave for 6 months public funds prohibited etc etc. The latest one she received, DID say 6 months enter to leave but it was a square shape and had a code written on it. Does this mean she had to leave on the date of her flight? If so, the day that Sara was meant to be leaving, there was HUGE delays and her flight was cancelled due to the snow. She DID leave around 11 pm on the 5TH, but did not arrive in the U.S until the 6Th. And the stamp by U.S immigration control is stamped for the 6Th on her return. :S. She technically didn't overstay but, going by the stamps she technically did if her visa was only valid until the 5Th. The stamp did NOT have a leave date on it and we asked an immigration officer over the phone and she said we had until the 8Th if she was stamped in for 6 MONTHS. BUT, she didn't see the stamp and maybe wasn't aware of the code that was written. I need some help as I'm worried sick. Does anybody have any calming advice??
Many thanks.

In my completely non-professional opinion, I can't imagine that flight delays due to weather would cause any problems for her (or you!) It was not an intentional delay on her part.

There is no issue here.

If she left on the 5th then she has no problem no matter what time of day it was.

If she entered on the 8th of a month and left by the 8th of the 6th month of her stamp then she STILL wouldn't have an issue.

You're obsessing over nothing.

thank you, we will be applying for fiance visa in june. If they do question it, we could even have them call the airline for proof of all the delayed flights on that day. Surely compassion would come into the mix on this occasion?.  

Overstaying is deliberately remaining in the UK beyond the expiry of a visa or other permission to remain. If your girlfriend commenced her journey out of the UK (by showing up at the airport and checking in with the intention to travel) on the 5th, i.e. within the period of her entry stamp and was held up by events outside her control, then no overstay occurred. She was fully in compliance with the requirements. Even if the airport was snowed in for a week.

thank you, we will be applying for fiance visa in june. If they do question it, we could even have them call the airline for proof of all the delayed flights on that day. Surely compassion would come into the mix on this occasion?.  

There will be no 'questioning' about it. There is no issue here.  Don't create one for yourself.

Yes she did leave on the 5th. or it could have been an hour or so because her flight wasnt untill LATE (11-11:30 pm) into the 6th of jan has she had to go through security and board the plane.Her return STAMP to the u.s.a says  ' 6 january 2010'. Will immigration ban her for this?

Yes she did leave on the 5th. or it could have been an hour or so because her flight wasnt untill LATE (11-11:30 pm) into the 6th of jan has she had to go through security and board the plane.Her return STAMP to the u.s.a says  ' 6 january 2010'. Will immigration ban her for this?

No..they wont.

What date did she enter the UK?

She enterd on the 8th of July 2009. She told the officer she would be staying untill the 5TH of january 2010. After a bit of questioning and asked to show documentation. She was let through with no other problems. Infact in took her about 10 mins to get through imigration. It's just the fact she had a code written in her stamp THIS TIME and ive heard of a type of stamp where you have to leave on the date it says to leave. BUT there was no 'Get out of the country' date on her stamp. Just said ..leave to enter for 6 months with a code of some sort written in ink below it.

If she entered on the 8th of July she had until the 8th of January 2010 to leave the UK.

You're seriously trying to create an issue where there is not one to begin with. Most likely what is written there is her landing card number which would tie her entry stamp to the card & interview.

She was stamped in for 6 months which means that she had until the 8th of January to leave. If she was stamped in only until the 5th of January then it would say on her stamp that she was only allowed to stay until the 5th.

Stop obessing over a NON ISSUE.

In any case...

http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part9/

Grounds on which entry clearance or leave to enter the United Kingdom is to be refused

(7B) subject to paragraph 320(7C), where the applicant has previously breached the UK's immigration laws by:

    (a) Overstaying;

[...]


unless the applicant:

[...]

    (i) Overstayed for 28 days or less and left the UK voluntarily, not at the expense (directly or indirectly) of the Secretary of State;

[...]

(7C) Paragraph 320(7B) shall not apply in the following circumstances:

(a) where the applicant is applying as:

    (i) a spouse, civil partner or unmarried or same-sex partner under
    paragraphs 281 or 295A,

    (ii) a fiancé(e) or proposed civil partner under paragraph 290,

    (iii) a parent, grandparent or other dependent relative under paragraph 317,

    (iv) a person exercising rights of access to a child under paragraph 246, or

    (v) a spouse, civil partner, unmarried or same-sex partner of a refugee or person with Humanitarian Protection under paragraphs 352A, 352AA, 352FA or 352FD;

Thank you WebJ. that's a relief. I do tend to worry about immigration issues. That's fine if they recorded her interview and took the landing card number. She NEVER lied and had every intention of leaving on the 5TH.

Do you work within immigration control? or have you thought about it?

Your a hero


Thank you for your help.

Thank you WebJ. that's a relief. I do tend to worry about immigration issues. That's fine if they recorded her interview and took the landing card number. She NEVER lied and had every intention of leaving on the 5TH.

Do you work within immigration control? or have you thought about it?

Your a hero


Thank you for your help.

You're welcome.

I have thought about it and looked into it, but as I am not a British Citizen I cannot.

My fiancée had that stamp after her questioning, 3 hours in total, although most of it waiting time ofc.

Most likely what is written there is her landing card number which would tie her entry stamp to the card & interview.

My Son's fiance overstayed due to some issues with a number of things. We found a clause which stated that if someone overstays for fewer than 28 days and leaves of their own free will, this is not counted. I can't remember where it was but if you need to see it still, let me know and I will try and find it for you.