Consequences of U.K. Overstay.

[Jumbo1968]

My partners U.K. Visa expires on the 4th of September, she is in the U.K. with our 5 year old son.

i sent an email to the U.K. Immigration requesting a temporary extension till such time we or she can and our son can return without the current restrictions. I explained I lived in the North East, we would have to travel by public transport to London, stay in a hotel whilst all the paperwork and tests are carried out exposing us all to the risks of catching Covid. On arrival in London we would have to locate an approved centre for a Covid Test for myself and Fit to Fly Certs for all of us. 

I also said it would be very difficult for a 5 year old to spend 14 days in mandatory quarantine in a hotel room wether with all of us or just his Mother.

 

The bottom line was the cost of the repatriation ranging from around £2/5000 depending which option if any I would take.

Apologies for the long winded post but basically I received an auto reply along with few links stating anyone on a Visa should be making arrangements to leave the U.K.

 

What would the consequences be if my partner overstayed in the U.K. I understand it would jeopardise any further trips to the U.K., would a new Thai Passport on an application show she had overstayed previously ?

[Maestro]

I am moving this from the forum "COVID-19: Coronavirus forum" to the forum "Visas and migration to other countries"

[Upnotover]

You could try (if you didnt already) the "coronavirus immigration team" (CIT), see below (from thread 

)

 

If you intend to leave the UK but are not able to do so by 31 August 2020, you may request additional time to stay, also known as ‘exceptional indemnity’, by contacting the coronavirus immigration team (CIT).

The indemnity does not grant you leave but will act as a short-term protection against any adverse action or consequences after your leave has expired.

The Coronavirus Immigration Team will provide you with further advice on what you need to do to request an indemnity. This will include providing details of the reason why you are unable to leave the UK and supporting evidence, for example, a confirmed flight ticket with a date after 31 August or confirmation of a positive coronavirus test result.

[Jumbo1968]

6 minutes ago, Upnotover said:

You could try (if you didnt already) the "coronavirus immigration team" (CIT), see below (from thread 

)

 

If you intend to leave the UK but are not able to do so by 31 August 2020, you may request additional time to stay, also known as ‘exceptional indemnity’, by contacting the coronavirus immigration team (CIT).

The indemnity does not grant you leave but will act as a short-term protection against any adverse action or consequences after your leave has expired.

The Coronavirus Immigration Team will provide you with further advice on what you need to do to request an indemnity. This will include providing details of the reason why you are unable to leave the UK and supporting evidence, for example, a confirmed flight ticket with a date after 31 August or confirmation of a positive coronavirus test result.

I sent the email to them, we don’t have any flights booked but vouchers from B.A after the original flights were cancelled, Thai Air are charging around £700 for a single fare on a repatriation flight.

[howerde]

Repatriation flights booked through the Thai embassy  is the only way to get to Thailand at the moment, have you contacted them by email about getting her on a flight or at least getting on the waiting list(any thing showing she tried might help with future visas), i would not bother phoning, something in writing is better than nothing. No one knows when Thailand will be opened to Commercial flights, have a look at the embassy website or their face book page

[jojothai]

IMHO I think this is Coronavirus related issue and not just a normal immigration issue.

Perhaps the title should be changed to say " because of Coronavirus".
I understand the original post and the problem stated. Best of luck in dealing with it.
No intention of diverting from the original issue, but the heading could refer to another potential problem in the UK that is nothing to do with immigration. I had not thought about it previously.
That is if a UK citizen normally living abroad in Thailand has got trapped in the UK much longer than planned,

and is now subject to Tax residence rules for maximum stay in a year.

It does not affect me because i am still here,
I presume there must be some people caught out like this,

and if they notice and read this thread I would be interested to know what may have happened.

I am still hoping to go back for a visit later this year and had not thought about this as a potential hazard.

Edited August 5, 2020 by jojothai
add info

[Jumbo1968]

5 minutes ago, howerde said:

Repatriation flights booked through the Thai embassy  is the only way to get to Thailand at the moment, have you contacted them by email about getting her on a flight or at least getting on the waiting list(any thing showing she tried might help with future visas), i would not bother phoning, something in writing is better than nothing. No one knows when Thailand will be opened to Commercial flights, have a look at the embassy website or their face book page

I am aware that you can only return on a flight through the Embassy with Thai Air at a fare of around £700, we have a son so £1400. Take into account travel from the N.E of England by public transport, I don’t drive, hotel accommodation in London whilst arranging the everything probably over £2000.

i have emailed the Thai Embassy a few times with some questions, they have never answered any of them.

[Upnotover]

1 hour ago, Jumbo1968 said:

i have emailed the Thai Embassy a few times with some questions, they have never answered any of them.

Surely your wife contacting her Embassy in Thai would be more productive? Thai rak Thai and all that.

[Jumbo1968]

7 minutes ago, Upnotover said:

Surely your wife contacting her Embassy in Thai would be more productive? Thai rak Thai and all that.

Me trying to get across what I mean from English to Thai would prove difficult and the last thing I would want is anything misleading or misunderstood by either party.

[theoldgit]

@Jumbo1968 In answer to your question "what are the consequences UK overstay" probably none, I doubt very much if UKBA Enforcement Teams are actively seeking out or targeting people like your wife. You're right that ovestaying her leave to enter could well affect any future visa application, but providing that your wife explained the details of any overstay, they will be fully aware of the circumstances, and she was able to demonstrate that she actively tried to return home, then I don't see it as being a problem. 

 

She should retain copies of all her correspondence and call logs with the UKBA as well as the Thai Embassy, for future reference.

 

As to the actual return process, I imagine the Embassy are overwhelmed with people wishing to return, both Thai and Brits, but their own restrictions aren't making it any easier.

 

I'm afraid that your wife will have to keep calling to get on the list.

 

If you're needing to stay in a hotel in London, maybe consider somewhere like Watford or Hemel Hempstead, or somewhere with easy rail links to London, accomodation would be far cheaper there, there are also some good deals in London itself.

 

Good luck. 

[theoldgit]

Unhelpful troll post, and response, removed.

[durhamboy]

I presume that your partner is in the UK on a visitor visa and your son has Thai nationality.

 

If you were to go back now with them (even if it was possible) you as a non-Thai national would need to pay for your own quarantine - at least £1000. Also you would need US$100,000 covid health insurance (presumably valid for a year). Such insurance would be very difficult to get. So your upper estimate of total cost of £5000 is almost certainly nearer the mark if perhaps a bit below the actual total cost.

 

If you decide to split up and she goes with your son then you have no real idea when you will be together again.

 

The penalties for visa overstay all not totally clear. If the overstay comes to light at the border upon exit then she could be banned from re-entering the UK for 1 year up to a maximum of 10 years. I agree with The Old Git that in your circumstances there would probably be no ban. There must be a lot of people who are in this situation through no fault of their own. Good luck.

[Jumbo1968]

53 minutes ago, durhamboy said:

I presume that your partner is in the UK on a visitor visa and your son has Thai nationality.

 

If you were to go back now with them (even if it was possible) you as a non-Thai national would need to pay for your own quarantine - at least £1000. Also you would need US$100,000 covid health insurance (presumably valid for a year). Such insurance would be very difficult to get. So your upper estimate of total cost of £5000 is almost certainly nearer the mark if perhaps a bit below the actual total cost.

 

If you decide to split up and she goes with your son then you have no real idea when you will be together again.

 

The penalties for visa overstay all not totally clear. If the overstay comes to light at the border upon exit then she could be banned from re-entering the UK for 1 year up to a maximum of 10 years. I agree with The Old Git that in your circumstances there would probably be no ban. There must be a lot of people who are in this situation through no fault of their own. Good luck.

Thanks for your informative post, its down to how long the Thai Government keep in place the restrictions and how long can their economy sustain the no tourism thing. I have noticed there has been an increase in the number of ASQ Hotels, some one is making money out of the current situation ?

[tso310]

On another similar thread I pointed out that the 3 August flights were fully booked within 24 hours. You need to register but registration is now closed until the September flights are organised. Demand is far outstripping supply with the 3 August flights going in 24 hours of being made available. My wife has successfully telephoned the Thai embassy regarding these flights. She always rang in the afternoon and always got through without to long a wait. 

One would hope that the UK Border Force will be sensible and take into account the lack of opportunities to return to Thailand. Its not as if they have any authority to put onto what is a Thai government flight. I suspect we may see some movement on flights restarting in October, just a feeling nothing concrete. Do not worry yourself sick, follow the advice and contact the CIT team. There will be a lot of people in the same boat as your GF.

[Jumbo1968]

21 minutes ago, tso310 said:

On another similar thread I pointed out that the 3 August flights were fully booked within 24 hours. You need to register but registration is now closed until the September flights are organised. Demand is far outstripping supply with the 3 August flights going in 24 hours of being made available. My wife has successfully telephoned the Thai embassy regarding these flights. She always rang in the afternoon and always got through without to long a wait. 

One would hope that the UK Border Force will be sensible and take into account the lack of opportunities to return to Thailand. Its not as if they have any authority to put onto what is a Thai government flight. I suspect we may see some movement on flights restarting in October, just a feeling nothing concrete. Do not worry yourself sick, follow the advice and contact the CIT team. There will be a lot of people in the same boat as your GF.

Thanks for your reassurances, one thing I can’t understand is why Thai people are in a hurry to go back not unless they are unemployed or their government have convinced them its safer to be in Thailand rather than the U.K.

i am pessimistic, I can’t see flights resuming in October even though the closing of the borders is causing untold hardship and damage to the Thai economy. I think the Thai Government will soon realise that whilst being number 1 in the world for having Covid under control they will have to reconsider their options, one being ‘locking’ people up in very expensive hotels for 2 weeks isn’t going to have retirees/tourists flocking back.

Edited August 6, 2020 by Jumbo1968
Add on

[theoldgit]

15 hours ago, durhamboy said:

The penalties for visa overstay all not totally clear. If the overstay comes to light at the border upon exit then she could be banned from re-entering the UK for 1 year up to a maximum of 10 years. I agree with The Old Git that in your circumstances there would probably be no ban. There must be a lot of people who are in this situation through no fault of their own. Good luck.

 

There are no regular embarcation controls when leaving the UK, though carriers are required to collate information of those leaving the UK and pass it on to the UKBA, they will then, in theory, check for overstayers.

A person who overstays for in excess of 90 day, without good reason, is liable for a ban on re-entering for at least 12 months, a ten year ban would only apply for those using false information.

My advice remains the same, keep notifying the UKBA of your families difficulties in leaving the UK, and retain all the messages and responses, along with your communications to the Thai Embassy in London.
As durhamboy rightly states, you're certainly not alone in your predicament, I personally know quite a number of others.

 

 

[tso310]

On 8/5/2020 at 4:44 PM, Jumbo1968 said:

9 hours ago, Jumbo1968 said:

Thanks for your reassurances, one thing I can’t understand is why Thai people are in a hurry to go back not unless they are unemployed or their government have convinced them its safer to be in Thailand rather than the U.K.

 

 

In our case there are family issues that only my wife can deal with so she needs to return for 3 months. There are probably a whole myriad of reasons why Thais want to return. Getting a flight back to the the UK is not problem. EVA and Qatar have flown continually since the ban started. The EVA flights return directly back to Taipei. Many Thais can not afford to go back every year so the desire to go back to see family can get very strong. The summer is the usual time many go back especially where there are children involved. Some might be fearful of the virus. We know a couple who have been infected while working in care homes.

The earlier flights were probably taken up by Thai students at UK universities and the more wealthy who have properties here. The number of Thais who applied in Julywas about 3000. The flights use Thai A350s. 5 Business class seats and 255 economy. No spacing in the cabin. Costs are about £700 economy and £1700 business. Non Thais could now book the August flights and there was a note that priority would be given to Thais. The September flights will be notified on the embassy facebook page ThaiEmblLondon. I see that on Wednesday they posted about the CIT.

I'm not sure what it says and the wife is still fast asleep.

PM me if you have any questions I'm on usually once a day.

Edited August 7, 2020 by tso310
more info

[krabi local]

On 8/5/2020 at 4:14 PM, Jumbo1968 said:

What would the consequences be if my partner overstayed in the U.K. I understand it would jeopardise any further trips to the U.K., would a new Thai Passport on an application show she had overstayed previously ?

Her fingerprints and biometrics are on file so changing passport wouldn’t help at all.