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Posted

Can any one tell me if the UK are now checking Visa`s on Exit for Overstay

My friends partner may have overstayed by nearly 3 months :o

What are your experiences around the UK Airports ?

is it causing a further delay for passengers

What is the Baggage limit for travellers after the new security scares is it the same 20KG`s or has the baggage allowance been increased to allow for the smaller carry on baggage rules

As most of the followers of This Forum are frequent fliers is this the best place to find some answers

Thanks for you help

Regards to all

Bill

Posted

Bill,

The immigration service mount spot checks these days on departing passengers, but whether the lady in question sees an immigration officer or not is immaterial: they can't stop her from leaving, and the overstay will be apparent from the stamps in her passport.

Scouse.

Posted
Bill,

The immigration service mount spot checks these days on departing passengers, but whether the lady in question sees an immigration officer or not is immaterial: they can't stop her from leaving, and the overstay will be apparent from the stamps in her passport.

Scouse.

Interesting scouse..then why do they bother to do it, so they can black list you or something?

Flying back to the LOS one time, I got spot checked. I assumed they were simply the people who made sure the boarding pass and the passport matched before you entered the duty free area. Given that I had used my Thai PP at check in for ID, I handed them this. There was a bit of fuss "where's your visa sir?". Then it clicked who they were so I gave them my Aussie one with the FLR in it.

The lady was a bit perlexed still but her boss waived me through. They had a room on the side though where they did take one overstayer.

Posted

Scouse

thanks for getting back to me

I dont think she plans on returning for quite a while if ever

I take it will be the Bangkok entry stamp which would cause the problem is she tried to apply for a new visa

I realy dont understand why they have done this they got the visa with no problems originaly holiday then the a 2 year spouse visa

Regards

Bill

Posted

Interesting question, because when we left there was a cursory glance at both our passports (as much for security as anything else I would imagine), but no scrutiny of my wife's date of entry.

We were only over for a month, so the question of overstay on a 6 month VV didn't apply.

However, is there a fine - like here -if someone does overstay? Let alone ever getting back in.

Posted

Yes, they won't stop her leaving the country but she'll certainly have a lot of explaining to do when/if she next applies for a UK visa.

Posted

Would a new passport on return to thailand sort this problem out

I know of a thai lady "Yip" who overstayed in Malaysia for a year

She got a new passport on arrival in Bangkok after reporting it as lost and was then granted a new visa to the UK with out any problems

My Friend as you can now imagine is definetley worried about leaving the UK

I think the worry has prolonged the overstay further and it is now getting to the point of no return i fear

Bill

Posted
I realy dont understand why they have done this they got the visa with no problems originaly holiday then the a 2 year spouse visa
I don't understand this either. If she entered the UK legitimately and had a 2 year spouse visa; why didn't she apply for ILR when her spouse visa expired?
Posted

Well the story is a strange one me and the wife who is Thai also

Met this couple in Bangkok around 3 years ago he is a 55 year old and she is 23

He has a bit of a problem after having a bad car crash 2 years prior to us meeting them

They met around the Nana area in Bangkok "Need I say More"

The Girl is a realy nice girl Who now looks very old for her 23 years

They got married in Bangkok and got a 2 year spouse Visa

when they returned to england she has kept in touch with my wife reguarly since then via phone as we live around 150 miles away and they seemed perfectly happy until around 10 months ago

she rang and said she wanted to return home because she was not happy here but The Hubby would not give her the money for the flight

She asked us to loan her the money for the flight but after we discussed it we decide not to lend her the money as we really didnt know the situation they were in maybe all it was just a little home sick

The hubby is supposed to be a heavy drinker and has started spousal abuse or so it has been alleged

we have now said we will loan her the money to return home and this is the info i have gathered

Regarding her over stay

we would like her to return home as soon as possible but as you can see by my earlier posts they reason why she has not yet returned

Regards

Bill

Posted

As scouse will probably elaborate, there are provisions for extending the visa when there is domestic violence involved.

I can't pretend to know the exact rule and regulation, but if you are going to help, helping to regularise her visa status may be better than simply giving her money.

Posted

See Para 289A of the Immigration Rules (Part 8)

289A. The requirements to be met by a person who is the victim of domestic violence and who is seeking indefinite leave to remain in the United Kingdom are that the applicant:

(i) was admitted to the United Kingdom or given an extension of stay for a period of 2 years as the spouse or civil partner of a person present and settled here; or

(ii) was admitted to the United Kingdom or given an extension of stay for a period of 2 years as the unmarried or same-sex partner of a person present and settled here; and

(iii) the relationship with their spouse or civil partner or unmarried partner or same-sex partner , as appropriate, was subsisting at the beginning of the relevant period of leave or extension of stay referred to in (I) or (ii) above; and

(iv) is able to produce such evidence as may be required by the Secretary of State to establish that the relationship was caused to permanently break down before the end of that period as a result of domestic violence.

So, does she have any evidence? Has she ever reported any violence against her to the police?

Is she still living with her husband? Was the marriage ok when she came to the end of her 2 year spouse visa? If so, why didn't she apply for ILR then?

You don't need to answer these questions here; but she will need to answer them when she approaches the IND.

If she is still living with her husband and wants to remain doing so but her spouse visa has expired and she hasn't applied for ILR; then she should contact the IND immediately to explain the situation and rectify it.

If she has left her husband due to his violence against her, but still wants to remain in the UK; then she should contact the IND immediately to explain the situation and ask their advice on the next step.

If she just wants to return home to Thailand then she should do so. It is highly unlikely that her visa expiry will be checked when she leaves the UK. But, if she were to ever apply for another UK visa then she would have to explain the gap between her visa expiring and her return to Thailand, what happened to her previous relationship etc.

Does she intend to get a divorce?

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