flying on expired uk visa to thailand

[garryn79ad]

my girlfriend lives with me in the uk, her uk visa has expired. would she be allowed to fly from the uk to thailand, she has a valid thai passport. any help from the forum would be appreciated. garryn79ad.

[beano2274]

Yes she can leave, I do not think she will have to pay anything, but she has now endangered her chances of getting a new Visa for the UK by overstaying.

[thepool]

Yep maybe a 10 year ban from applying for any form of UK visa !

[beano2274]

Depends on how long she overstayed, so the question is

How long did she overstay for?

[garryn79ad]

her visa ran out 2.5 years ago. ouch!

[Satcommlee]

her visa ran out 2.5 years ago. ouch!

There's probably nothing stopping her from leaving, there are generally no immigration checks on the way out..

And if she was picked up the last thing they would want is for her to enter the immigration offenders system, so my unqualified opinion is that they won't stop her leaving.

She probably won't be coming back in a hurry then, with a 2.5 year overstay.. Oh Dear...

[beano2274]

If she leaves by herself then at least it looks better, but she is looking at a ban, and that is gonna be the problem for your relationship, unless you can visit Thailand

[Jip99]

Any particular reason why you (she) flouted the immigration rules for two and a half years.

[garryn79ad]

Any particular reason why you (she) flouted the immigration rules for two and a half years.

the cost of renewing her visa has gone up so much, we couln't afford it. the original visa was about £300, the new one would be £800 + arrears for the overstay. i have a house in thailand, so not a problem visiting.

[Basil B]

£300, I presume it was not a 6 month visit visa, if it was not on a settlement visa, you could marry and apply for settlement as as I understand he ten year ban would not apply, but it will be an up hill battle.

Although there is no immigration to pass on the way out, Immigration do get a passenger list from the airlines so may have immigration waiting for her at the departure gate.

[7by7]

Basil is not entirely correct when he says that a ban would not apply to a settlement visa application.

Para 320(11) of the immigration rules does apply to settlement applicants!

Grounds on which entry clearance or leave to enter the United Kingdom should normally be refused

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

Any such ban under this paragraph could be a lifetime time.

Leaving voluntarily may mitigate this; it does come under 'should normally be refused' rather than 'is to be refused.'

[wooloomooloo]

Out of interest, what was the original visa that your girlfriend entered the UK on? Three years ago a settlement visa cost between £650 to £800.

Either way, the chances of your girlfriend visiting these isles for at least the next ten years, if not indefinitely, are remote.

[garryn79ad]

Out of interest, what was the original visa that your girlfriend entered the UK on? Three years ago a settlement visa cost between £650 to £800.

Either way, the chances of your girlfriend visiting these isles for at least the next ten years, if not indefinitely, are remote.

it was a 2 year visa, leave to remain.

[stuartsko]

A ten year ban does not count if applying or re entering uk on a spouse visa.. It would beach section 8 of the european human rights act.. It is written in the guidance when considering an application..

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[beano2274]

A ten year ban does not count if applying or re entering uk on a spouse visa.. It would beach section 8 of the european human rights act.. It is written in the guidance when considering an application..

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They are not or were not married, she overstayed her initial visa so has damaged her chances of new visas

[RAZZELL]

Thanks to the OP and his gf for making it that much harder for future applicants

And I think he's telling porkies. NO visa to the UK is £300 or has been in the last 5 years++

RAZZ

Edited April 13, 2014 by RAZZELL

[7by7]

A ten year ban does not count if applying or re entering uk on a spouse visa.. It would beach section 8 of the european human rights act.. It is written in the guidance when considering an application..

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Sorry, wrong; Article 8 is a qualified right.

See my post above and the link to the immigration rules contained therein.

You are right on one point, though. It wouldn't be a 10 year ban; it could, if imposed, be for life!

[apiwan]

Thanks immigration checks on way out at LHR are hit and miss.

When I flew thai from T3 always checked.

Now I'm using etihad for a year plus from T4 never checked.

Worth a try.but don't blame me if they pop up at T4 suddenly.

Hope this helps

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[Jip99]

Thanks to the OP and his gf for making it that much harder for future applicants

And I think he's telling porkies. NO visa to the UK is £300 or has been in the last 5 years++

RAZZ

The OP also thinks he has a house in Thailand.

I can't understand that having shown financial evidence to support the original visit they cannot afford ongoing visa fees. I suspect they chose overstay as a preference to paying.That, I believe is fraud and therefore illegal.

So I also can't understand why we cannot discuss visa agents services on the forum but can open;y discuss the illegal action of overstay - with a view to advising the OP how yo overcome the self-inflicted damage!

[Tony M]

The OP's question is about whether his girlfriend will be stopped from leaving the UK. No, she won't. If immigration do see her, then they will take details of the overstay, and the reasons why, and that will go into the immigration database. She will then be allowed to leave.

I'm still confused about what visa she entered the UK with. The OP says - "it was a 2 year visa, leave to remain." If it was two year visa, with leave to remain then it was for settlement, I think.

Future problems will have to dealt with on the circumstances at the time of application. The applicant will have given her fingerprints when she applied previously, so any old applications will be flagged up when the new one is made. Any visit visa will almost certainly be refused, and a settlement application will be considered, as 7x7 says, under paragraph 320(11), frustrating the intentions of the immigration rules.

Edited April 14, 2014 by Tony M

[7by7]

I also can't understand why we cannot discuss visa agents services on the forum but can open;y discuss the illegal action of overstay - with a view to advising the OP how yo overcome the self-inflicted damage!

The draconian Thai defamation laws mean that the forum could be liable for damages if it allowed any post which could be construed as damaging to an individual or their business; even if what was posted is true and proven.

Hence rule 6.

Rule 2 means that advice on how to break the law is also not allowed.

But this topic is about the consequences of breaking the law and how to legally overcome them; if that's possible.

[RAZZELL]

The OP's question is about whether his girlfriend will be stopped from leaving the UK. No, she won't. If immigration do see her, then they will take details of the overstay, and the reasons why, and that will go into the immigration database. She will then be allowed to leave.

I'm still confused about what visa she entered the UK with. The OP says - "it was a 2 year visa, leave to remain." If it was two year visa, with leave to remain then it was for settlement, I think.

Future problems will have to dealt with on the circumstances at the time of application. The applicant will have given her fingerprints when she applied previously, so any old applications will be flagged up when the new one is made. Any visit visa will almost certainly be refused, and a settlement application will be considered, as 7x7 says, under paragraph 320(11), frustrating the intentions of the immigration rules.

Exactly.

OP hasn't enlightened us with what his gf had, visit visa or settlement.

At the moment isn't FLR (£885) not much more than the price of a flight?

RAZZ

Edited April 14, 2014 by RAZZELL

[Torrens54]

WELL.....that was a nice little Bun Fight.

[apiwan]

If the visa is a FLR

Aren't you better to go that route get indefinite leave to remain then no more visas ?

Curious

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[theoldgit]

Flame removed, as well as a couple of reasoned responses.