New visa after overstaying in UK
My partner left the UK after overstaying for 4 months. He is now banned from the Uk for a year. I'm wondering if he can reapply for his new visa before the year ban is complete, so that he can come back as soon as the ban has ended? Or will it be rejected as the year ban has not been completed?
Best Answer
The immigration rules state:
Previous breach of immigration laws grounds
9.8.1. An application for entry clearance or permission to enter must be refused if:
(a) the applicant has previously breached immigration laws; and
(b) the application is for entry clearance or permission to enter and it was made within the relevant time period in paragraph 9.8.7.
(emphasis mine)
Paragraph 9.8.7 lists the different lengths of the bans.
So it's the date of application which counts, not the intended date of travel.
In any case, he'd better have a bullet-proof application in all other respects, as he has already shown not be trustworthy. Chances of a successful application are pretty low.
Note that rules are different for family members, though the details vary depending on the exact status of your relationship and other details.
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Can I come back to UK after overstaying?
If your visa has expired, you have 30 days to leave the UK voluntarily at your own expense before you face a ban on re-entry. Alternatively, you may seek to rely on the 14-day rule. Changes to the Immigration Act and law on overstaying are likely to take effect in 2022.What happens if you overstay UK?
Technically, under section 24 of the Immigration Act 1971, any period of overstaying in the UK is a criminal offence punishable by fine or imprisonment. You may be able to benefit from the 14 day grace period if you have a \u201cgood reason\u201d for making a late immigration application.Can you go to jail for overstaying your visa in UK?
It is a criminal offence to overstay your visa without a good reason. You will not be lawfully allowed to work, and if caught doing so, could also face a prison sentence. If your period of overstay exceeds the 90 day limit, you will more likely than not face an exclusion on re-entering the UK for at least one year.Can you get a visa after overstaying?
Yes, you can apply for a green card if you overstayed a visa. You can apply to become a green card holder from inside the United States (known as an adjustment of status) or abroad (through consular processing).OVERSTAYING ON A UK VISA: NEW LAW AND PENALTIES
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