Potential Penalities for Overstayers!

Have you applied to renew your status? Are you aware of the new penalties for overstaying? November 2008. New grounds for refusing leave for entry clearance or leave to enter the UK.

As of November 2008 new amendments to the Immigration Rules were implemented.  These new rules now allow applications for entry clearance or leave to enter to be refused for a prior failure of an individual to leave the UK.

Who is covered by these changes?  Will I be affected?

All applications are covered by these changes.  You will only be affected if you have previously not left the UK voluntarily, using your own funds, within 28 days of your visa having expired.

If I am caught by these new rules - what are the effects?

If you overstay within the UK there are three different potential situations and consequences:

• Should you overstay for a period of more than 28 days and leave voluntarily without recourse to public funds - you will not be able to re-apply to enter the UK for a period of 12 months;
• Should you overstay for a period of more than 28 days and leave voluntarily but with recourse to public funds - you will not be apply to re-apply to enter the UK for a period of 5 years and will be liable to pay the costs of removal back;
• Should you overstay for a period of 28 days and be removed or deported at public expense - you will not be able to re-apply to enter the UK for a period of 10 years and will be liable to pay the costs of removal back.

Will I be caught by these new rules?

Each and every individual's situation is different. We have the expertise and resources to assess and deal appropriately with your case to provide you with an effective solution to ensure that you are not caught by these new rules.