US Citizen overstayed visit to UK, left voluntarily, does she have a 1 year ban?

US Citizen overstayed visit to UK, left voluntarily, does she have a 1 year ban? - From below of crop person holding national flag of United States of America waving in wind on street against city river

Please see this question for full history, but in short: my mother-in law who is a US citizen overstayed her visit to the UK and was asked to leave. She left voluntarily and is now back in the US.

She is applying for the correct visa now, but her old solicitor got in touch to say she might have one year ban. We have checked the paper work she was issued when she left and it does not mention a ban.

Would she have a one year ban automatically, and how can we find out? Is the solicitor just trying to get her to start using him again?



Best Answer

Would she have a one year ban automatically, and how can we find out? Is the solicitor just trying to get her to start using him again?

For that kind of situation, your mother-in-law would have had received a paper saying explicitly that she was banned.

Since she left voluntarily, they might have just gave her a warning which is not stored in the system's database.

In other words, there should not be any problem for getting the proper visa but she might have to give strong proof that she will not remain in the UK after her visa expires. It is like showing she has property in the USA, or matter of affairs she needs to deal in the near future in the USA, or anything that states she would have to go back to the USA.

Just as with any kind of visa, embassies don't want to risk, and might refuse her visa request if they think she will overstay in the UK again.




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Can you come back to the UK after voluntary departure?

If you got help from the government to return to your home country, you can usually apply to return to the UK: in 2 years if you leave within 6 months of being told to leave. in 2 years after your appeal was refused or after an administrative review. in 5 years if it takes you longer than 6 months to leave.

Can an overstayer apply for leave to remain UK?

Under certain circumstances, an overstayer in the UK is allowed to apply for leave to remain in the UK and succeed in the application despite being an overstayer. (ii) beyond the period that his leave was extended under sections 3C or 3D of the Immigration Act 1971.

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.

How long can a US citizen stay in the UK without a visa?

Holders of the U.S. passport are entitled to stay in the United Kingdom for a period of up to six months with no need of applying for a visa unless they are travelling for work or study. For stays of longer than six months, a visa will be necessary regardless of circumstances.



What is a Visa Overstay? Consequences and Solutions to Over staying a Visa




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