Overstayed in England

[no name 1]

I just checked my passport, I've been stamped coming AND going every time since 2003 except leaving last August 06. And I had a valid UK visa during that time as well. Heathrow, Gatwick & the Chunnel.

Edited July 25, 2007 by devilette

[Trompe le Monde 1,107]

That has been my personal experience, AFTER July but not before it, yes, which includes 8 departures from the UK, all from Gatwick and Heathrow. I think the OP's fiance can reasonably expect to be inspected but then, she might not be. In the departures 6 months following July 05, it appeared pretty thorough (they looked through pages of people's passports), more recently less so. I lived there for 10 years prior to that and was only asked for it once on departure.

My experience was also ZERO passport control between London and Dublin. I don't know if that is still the case since 7/7.

[bakofoil 27]

I just checked my passport, I've been stamped coming AND going every time since 2003 except leaving last August 06. And I had a valid UK visa during that time as well. Heathrow, Gatwick & the Chunnel.

Agreed. I'm a British Citizen, the last time I returned to the UK from the US (April this year) they took a barcode scan of my passport. Also on a recent trip via the chunnel to France, on my departure from the UK my barcode was scanned again.

I guess they are keeping some record of movement across borders which may only be flagged up if some illegal issue arises, at which point they may check the database. Otherwise, I can't see how these individual journeys are cross-referenced.

However, one might imagine that if I were a foreign national then an overstay might be something the system flags up automatically. I am simply guessing here but I would be cautious about your fiancee taking a trip to Europe to facilitate refreshing visitor status.

Edited July 26, 2007 by babblesgirl

[shadow42 0]

Many thanks for all those comments people,

We have taken them all on board and they cover everything that we need and more. I realise there is no exact answer as it all depends on who is at the desk when you pass through I guess, however your words of wisdom and reassurance are a REALLY big help to us.

My fiancee and her daughter and I are very worried however we feel a great ease at what has been said.

THanks again from the bottom of our hearts.

[paulinespens 3]

I've just looked on the website this is what they say:

Can I extend my stay as a visitor?

A visitor can only stay for six months. If we gave you permission to stay for less than six months, you can apply to extend your stay, up to six months in total

http://www.ind.homeoffice.gov.uk/applying/...orking/visitors

Extension of stay as a visitor

45. An extension of stay as a visitor may be granted, subject to a condition prohibiting employment, provided the Secretary of State is satisfied that each of the requirements of paragraph 44 is met.

Requirements for an extension of stay as a visitor

44. Six months is the maximum permitted leave which may be granted to a visitor. The requirements for an extension of stay as a visitor are that the applicant:

(i) meets the requirements of paragraph 41 (ii)-(vii); and

(ii) has not already spent, or would not as a result of an extension of stay spend, more than 6 months in total in the United Kingdom as a visitor. Any period spent as a seasonal agricultural worker is to be counted as a period spent as a visitor; and

(iii) was not last admitted to the United Kingdom under the Approved Destination Status Agreement with China.

Requirements for leave to enter as a visitor

40. For the purpose of paragraphs 41-46 a visitor includes a person living and working outside the United Kingdom who comes to the United Kingdom to transact business (such as attending meetings and briefings, fact finding, negotiating or making contracts with United Kingdom businesses to buy or sell goods or services). A visitor seeking leave to enter or remain for private medical treatment must meet the requirements of paragraphs 51 or 54.

A visitor seeking leave to enter for the purposes of marriage must meet the requirements of paragraph 56D.

41. The requirements to be met by a person seeking leave to enter the United Kingdom as a visitor are that he:

(i) is genuinely seeking entry as a visitor for a limited period as stated by him, not exceeding 6 months; and

(ii) intends to leave the United Kingdom at the end of the period of the visit as stated by him; and

(iii) does not intend to take employment in the United Kingdom; and

(iv) does not intend to produce goods or provide services within the United Kingdom, including the selling of goods or services direct to members of the public; and

(v) does not intend to study at a maintained school; and

(vi) will maintain and accommodate himself and any dependants adequately out of resources available to him without recourse to public funds or taking employment; or will, with any dependants, be maintained and accommodated adequately by relatives or friends; and

(vii) can meet the cost of the return or onward journey.; and

(viii) is not a child under the age of 18.

http://www.ind.homeoffice.gov.uk/lawandpol...tionrules/part2

It can be renewed

[shadow42 0]

Do we not fall short on part 44 (ii) the extension cannot mean that they would be here longer than six months ?

Sorry if im reading it wrong, but it sounds to me as is extensions can be grant so long as the extension would not mean they are staying longer than 6 months.

Please let me.

[no name 1]

I've just looked on the website this is what they say:

Can I extend my stay as a visitor?

A visitor can only stay for six months. If we gave you permission to stay for less than six months, you can apply to extend your stay, up to six months in total

http://www.ind.homeoffice.gov.uk/applying/...orking/visitors

Requirements for an extension of stay as a visitor

44. Six months is the maximum permitted leave which may be granted to a visitor. The requirements for an extension of stay as a visitor are that the applicant:

(ii) has not already spent, or would not as a result of an extension of stay spend, more than 6 months in total in the United Kingdom as a visitor. Any period spent as a seasonal agricultural worker is to be counted as a period spent as a visitor; and

Requirements for leave to enter as a visitor

40. For the purpose of paragraphs 41-46 a visitor includes a person living and working outside the United Kingdom who comes to the United Kingdom to transact business (such as attending meetings and briefings, fact finding, negotiating or making contracts with United Kingdom businesses to buy or sell goods or services). A visitor seeking leave to enter or remain for private medical treatment must meet the requirements of paragraphs 51 or 54.

41. The requirements to be met by a person seeking leave to enter the United Kingdom as a visitor are that he:

(i) is genuinely seeking entry as a visitor for a limited period as stated by him, not exceeding 6 months; and

http://www.ind.homeoffice.gov.uk/lawandpol...tionrules/part2

It can be renewed

It CANNOT as the OP's fiance has ALREADY BEEN IN THE UK for 6 MONTHS! Geez.

Edited July 26, 2007 by devilette

[shadow42 0]

Yeah that is exactly what I was meaning,

If anyone overstays in the UK more than 6 months there is absolutely no way of extending any further for ANY reason.

Am I right ?> Also from everyones posts I gather the following;

1. We cannot be detained at the airport just maximum is have or passport stamped restricting my fiance's return

2. My fiance's overstay does NOT affect my K1 fiance visa for the US.

Sorry for restating just wanted to make sure, many thanks

[TracyTN 237]

There used to rarely, almost never be anyone at those inspection points, but every single departure from the UK since 7/7/5 I've had there has been a passport inspection (always thru Gatwick or Heathrow). How thorough these are, I don't really know (I was a UKC at that point, I observed a less-than thorough one of my non-UKC colleagues last time I went thru Heathrow on business).

Since 2005, you're saying? I've never been stopped. I would say I've never even seen someone at the desk - but I think last time there was someone there but people were walking straight past him without batting an eye. I sort of timidly followed suit and wasn't told to stop. Of course, I wasn't there longer than I should've been and I'm guessing if I ever needed to prove my departure, I would do so with proof of reentering the US via our government, but who knows. I never really understood why the stations weren't manned . . . .

FWIW, I have also never been 'stamped' as I exited Heathrow - not any of my four visits (spanning from Sept 2005 - April 2007). In fact, I remember only one time that the desk was manned, and at that, all they made us do was remove our shoes and run them through a scanner (this was on my first visit after 7/7).

So it sounds like a very lax process.

[no name 1]

Yeah that is exactly what I was meaning,

If anyone overstays in the UK more than 6 months there is absolutely no way of extending any further for ANY reason.

Am I right ?> Also from everyones posts I gather the following;

1. We cannot be detained at the airport just maximum is have or passport stamped restricting my fiance's return

2. My fiance's overstay does NOT affect my K1 fiance visa for the US.

Sorry for restating just wanted to make sure, many thanks

Fiance's overstay does not affect your K1 but it may get her a future ban to entering the UK. Not very wise, considering you are getting married & may want to move back at some point.

You can be detained by CBP(or the UK equivalent) if they want to, yes.

[Trompe le Monde 1,107]

There used to rarely, almost never be anyone at those inspection points, but every single departure from the UK since 7/7/5 I've had there has been a passport inspection (always thru Gatwick or Heathrow). How thorough these are, I don't really know (I was a UKC at that point, I observed a less-than thorough one of my non-UKC colleagues last time I went thru Heathrow on business).

Since 2005, you're saying? I've never been stopped. I would say I've never even seen someone at the desk - but I think last time there was someone there but people were walking straight past him without batting an eye. I sort of timidly followed suit and wasn't told to stop. Of course, I wasn't there longer than I should've been and I'm guessing if I ever needed to prove my departure, I would do so with proof of reentering the US via our government, but who knows. I never really understood why the stations weren't manned . . . .

FWIW, I have also never been 'stamped' as I exited Heathrow - not any of my four visits (spanning from Sept 2005 - April 2007). In fact, I remember only one time that the desk was manned, and at that, all they made us do was remove our shoes and run them through a scanner (this was on my first visit after 7/7).

So it sounds like a very lax process.

They rarely stamp the passport but they do (often, but apparently not always) inspect it, something that almost never happened pre-7/7 days. I know a boatload of Antipodeans who flout/ed UK immigration law and suffered no ill consequences. But I wouldn't count on an overstay not being an issue.

[shadow42 0]

Many thanks everyone,

Very reassuring to us and good to not be alone when looking for answers

[Veilside 0]

I think you don´t have to worry so much about it, we ´re almost in the same situation, I´ve asked to lawyers here too and they told me that it is even worse to apply for a re-stay for another 3 months (in Spain US citizen only can stay for 3 months and apply for another 3), because you´ve to prove that she will be supported by you, she won´t overstay that 3 moths more, and more such things. AND if they consider that some of that could happen automatically they stamp in your passport an exit order...

In the other point, the US government is not concerned about this (for me this is the most important point), and you should think about when you get your K1 Visa, and you get married, her status will change because she´ll became your wife, so her entry in UK can´t be denied anymore (she won´t be an inmigrant under visa waiver).

Cheers.