Travel ban if overstay
I am Malaysian and I have been overstaying in UK from June 2007 until April 2010.
Leaving UK by own expense, if I wanted to visit again next year (2020), is it a travel ban for me?
Best Answer
Based on the limited information you provided, you don’t have a ban because the maximum ban under your circumstance (departure at your own expense) would be five years which would already be spent.
That said a three year overstay is not trivial and indicates blatant disregard for UK immigration rules. In light of that you’re not likely to be allowed to visit the UK any time soon again or ever given your history unless you were under 18 at the time of your overstay, or are requesting leave to enter as a family member, or there’s a quite significant and dramatic change in your profile.
Remember the fact that the ban is spent/over does not mean the circumstance leading to it ie the overstay will not be considered in subsequent applications. It only means your application will/should not be automatically refused.
My advice would be to apply for entry clearance before attempting to visit. Although Malaysians are non-visa nationals, you’re almost certainly going to be turned away if you try entering visa free.
Reference
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Can I leave the country if I overstayed?
Visas allow travelers to stay in another country for a certain period of time before they must leave. Those who overstay their visa and remain in the country will usually face consequences and possibly prosecution by local immigration authorities.What happens if you overstay your visit?
If you overstay by one year or more, after you depart the U.S., you will be barred from reentering the U.S. for ten years. This is because unlawful presence is one of the many U.S. grounds of inadmissibility, with built-in penalties.Can I come back to the US if I overstayed?
Overstays & Unlawful Presence If you enter the United States with a valid visa (for example, a tourist or student visa) and overstay by less than 180 days, your visa will be considered void and you'll need to get a new visa in your home country if you want to come back to the United States.Can I leave the US if I overstayed my visa?
If you entered the United States legally and overstayed your visa, and your green card sponsor is a U.S. citizen, you can apply for Advance Parole. You'll be able to go abroad and return to the United States without facing re-entry bars.What is a Visa Overstay? Consequences and Solutions to Over staying a Visa
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