IMPORTANT UPDATE ON MANDATORY BAN FOR OVERSTAYERS IN THE UK

The following is an UPDATE to UK-Yankee's original Advisory regarding overstayers and the new policies coming into effect. Please pay special attention to the new dates included in this update.

It has recently been announced that the mandatory ban on overstayers wishing to apply for re-entry to the UK has been postponed. It will now come into effect on 1 October 2008, but the applicant MUST have left the UK prior to 1 October. 

“A number of people have, however, suggested that we will achieve our aims better if we give people who are currently here illegally a chance to leave before the new rules are applied to them. We have listened to their argument and reflected on it, and we agree with them. I can announce that we will not apply the provisions in new paragraph 327B of the Immigration Rules to anyone currently in the United Kingdom who leaves the country voluntarily before 1 October 2008. Those people will be able to apply to come back without being automatically refused under these provisions, although it is possible that they will be refused under other parts of the Immigration Rules.I emphasise that that does not mean that those people will automatically be allowed to come back. They will need to meet all the other requirements of the Immigration Rules. The BIA will also, as now, have the discretion to refuse them if they contrive in a significant way to frustrate the Immigration Rules; for example, by contracting a bogus marriage, which we know happens. They will not face a period of automatic refusal under paragraph 327B, however, if they go home after 1 October. That gives those who are currently here illegally a clear incentive to go home and, as I mentioned earlier, it promotes the Government's objectives. We cannot withdraw the Immigration Rules in order to make the change, as I have outlined, since many of them are already in force. The change will therefore take effect as a time-limited concession outside the rules. I hope that noble Lords will find themselves able to support that concession.”-Lord Bassam [fn]See ref[/fn]

It is of the upmost importance that any overstayers currently in the United Kingdom be aware of this concession and make arrangements to leave the UK and make the appropriate application for entry clearance.

Any person who wishes to leave the UK would also be strongly advised to seek advice from an immigration adviser registered with the Office of the Immigration Services Commissioner. A list of advisers can be found at www.oisc.gov.uk

You can alternatively search for a solicitor through the Law Society.

England and Wales: lawsociety.org.uk

Scotland: lawscot.org.uk

Northern Ireland: lawsoc-ni.org