thai girl returning to UK after being blacklisted

[apiwan]

i recently met a friend in BKK who used to work in my restaurant in London,

Lovely girl hardworking, always thinking of family.

she went to the UK to finish her masters and stayed on, I had no idea at the time she was an overstayer, she told me now that she had to pay for education and also look after family,

when she left the UK immigration stopped her and took fingerprints, because she over stayed by some years

now she has met an English guy and is married here but wants to go and settle in the UK,

what chance has she got ?

I told her i would ask around see what her options are,

thanks all

[Tywais]

Since this is more related to visas to other countries then Bangkok specific I will move it to there.

[theoldgit]

Did she leave voluntary or was she detained and removed? As there not regular embarkation checks I doubt if this overstay would have been picked up as she left of her own accord.

I doubt very much if she was blacklisted as such.

Her previous history obviously will not go in her favour, but as each application is treated on its own merits and she was able to convince the ECO that her application is sound, she could be OK, but it will be an uphill struggle.

[theoldgit]

Unhelpful post removed.

[CharlieH]

Time may play a factor too, when, how long ago did this happen?

The only sure way is to make an application, be honest, dont try to hide anything and take it from there.

[Tony M]

She can be refused under Paragraph 320(11) of the immigration rules. This is a discretionary refusal paragraph, not a mandatory refusal paragraph. Therefore, the ECO must decide. Paragraph 320(11) says that the ECO can refuse a visa :

320(11) where the applicant has previously contrived in a significant way to frustrate the intentions of the Rules by:

(i) overstaying; or

(ii) breaching a condition attached to his leave; or

(iii) being an illegal entrant; or

(iv) using deception in an application for entry clearance, leave to enter or remain or in order to obtain documents from the Secretary of State or a third party required in support of the application (whether successful or not); and

there are other aggravating circumstances, such as absconding, not meeting temporary admission/reporting restrictions or bail conditions, using an assumed identity or multiple identities, switching nationality, making frivolous applications or not complying with the re-documentation process.

Note fact that there must be aggravating circumstances in addition to the overstaying ( it is the word "and" that requires them ). Without any aggravating circumstances the ECO cannot refuse under this paragraph. But, it is up to the ECO to decide if there is any, or sufficient, evidence to show that she was working while she was overstaying, and that there are, therefore, aggravating circumstances. If there is some evidence then the ECO will most likely refuse the application, and let them fight it out at appeal. If there is no evidence of aggravating circumstances, then the visa should be issued. Aggravating circumstances are not completely defined in the rules, and only examples are given, as you can see.

Edited January 22, 2014 by Tony M

[apiwan]

Thanks for the sound replies all.

With heathrow sometimes there is immigration on exit ,sometimes not,

This was 6 years ago, she left of her own accord,and has they saw the visa was out of date they took her to a room and said she could never return,

Also taking fingerprints,

At least I can tell her " you will have to make a perfect application " better than , no way.

But I'm sure an uphill struggle,

Sent from my iPad using Thaivisa Connect Thailand

[tw25rw]

I doubt they said she could never return, but she might have interpreted it as that..

[theoldgit]

Post containing an incorrect and misleading interpretation of UK Immigration rules removed, as well as a measured response, once again I apologise to the member clarifying the incorrect post.

[paully]

But I'm sure an uphill struggle,

Certainly not a straightforward application, best thing in her favour is that she left the UK voluntarily.

She needs to polish her arguments explaining the circumstances of the overstay fully and being truthful.

[onthemoon]

I have a question: Why does she ask you and not her UK husband?

[MB1]

I have a question: Why does she ask you and not her UK husband?

Could something as simple as that there are some very knowledgable people on Thai Visa who are willing to help the OP help his freind, all for free as well...Maybe the UK husband has no knowledge of UK rules regarding re-entry into the UK after being asked to leave previously...

HTH...

[Basil B]

Am I right in thinking that the lady would be applying for a settlement visa and if she had a 10 year ban it would not apply?

Even so I think it would be more difficult to get.

May be a start would be to see what information UKBA hold on their computer. http://www.ukba.homeoffice.gov.uk/navigation/personal-data/

sar.pdf

[apiwan]

I have a question: Why does she ask you and not her UK husband?

I met her over Xmas at a friend's birthday party.

She used to ask me about loads of things when in London.

Her husband is a nice fella.

But not the sharpest tool in the box.

Hope this satisfies your curiosity :-)

Sent from my GT-I9305 using Thaivisa Connect Thailand mobile app

[wooloomooloo]

If the lady was banned for ten years then she would have had her then passport endorsed and her immigration history annotated with the charge.

You'll never get to the bottom of the story. The lady is free to apply for settlement and sit out a decision. If refused then she'll know the reason/s for refusal and further decide whether her chances warrant an appeal.