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Old Oct 7, 2011, 2:33 pm
  #1  
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Join Date: Oct 2011
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OVERSTAYED in UK as Student

Hi all,

I overstayed my UK student Visa for a month or two months. which was unintentional soon i knew my visa expired i volunteerly left the country[UK]. Since then i have several questions such as
1. If i apply for a US visa will this affect my travel.
2. will my passport be red flagged.
3. How can i clear this off my record.
4. Can i travel back to UK.

Please help me appropriate answers . Thanks a ton.
dineshpamteninc is offline  
Old Oct 8, 2011, 12:56 am
  #2  
 
Join Date: Oct 2002
Location: UK
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It is possible that your overstaying didn't get noticed or recorded because the UK has no formal exit controls (though there are spot checks, especially at LHR). Do you remember if you went through an Immigration check when you left the country? (I mean a proper checkpoint - not airline staff checking your passport)

As for your specific questions - you really need expert advice. You may get this here (as we do have some experts on Flyertalk), but you can't rely on anything people tell you here being accurate. Your best bet will be to talk to an Immigration lawyer.
Aviatrix is offline  
Old Oct 8, 2011, 6:43 am
  #3  
 
Join Date: Jan 2001
Location: UK
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Originally Posted by dineshpamteninc
Hi all,

I overstayed my UK student Visa for a month or two months. which was unintentional soon i knew my visa expired i volunteerly left the country[UK]. Since then i have several questions such as
1. If i apply for a US visa will this affect my travel.
2. will my passport be red flagged.
3. How can i clear this off my record.
4. Can i travel back to UK.

Please help me appropriate answers . Thanks a ton.
Hi and welcome to FT.

Like Aviatrix says, there is a good chance it didn't get noticed, especially if you weren't checked when leaving LHR.

Are you aware of anyone at immigration control noticing your overstay?

As regards your final question about returning to the UK, it also depends on the visa under which you would wish to return to the UK. Would it be to visit or to live? It depends, but, again, your overstay probably wasn't noticed anyway and thus your application might not be affected as badly as you fear.
ajax is offline  
Old Oct 8, 2011, 9:29 am
  #4  
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Are there no API transmission requirements for all international flights into/out of the UK nowadays and can that data not be used for immigration control purposes (such as identifying overstays)?
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Old Oct 8, 2011, 11:09 am
  #5  
 
Join Date: Aug 2000
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Originally Posted by NickB
Are there no API transmission requirements for all international flights into/out of the UK nowadays and can that data not be used for immigration control purposes (such as identifying overstays)?
E-Borders is more than capable of flagging this. Depending when the violation occurred however (both entry and exit would need to have been logged by E-Borders or its Beta predecessor, Project Semaphore, for this to be flagged), there is a strong likelihood that it will have gone undetected.
B747-437B is offline  
Old Oct 8, 2011, 12:46 pm
  #6  
 
Join Date: Jan 2001
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Originally Posted by B747-437B
E-Borders is more than capable of flagging this. Depending when the violation occurred however (both entry and exit would need to have been logged by E-Borders or its Beta predecessor, Project Semaphore, for this to be flagged), there is a strong likelihood that it will have gone undetected.
I did wonder about e-borders but thought that this violation might have occurred (at least the entry part) long before its time.
ajax is offline  
Old Oct 8, 2011, 3:34 pm
  #7  
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Originally Posted by dineshpamteninc
Hi all,

I overstayed my UK student Visa for a month or two months. which was unintentional soon i knew my visa expired i volunteerly left the country[UK]. Since then i have several questions such as
1. If i apply for a US visa will this affect my travel.
I can't see how it would. The US and UK immigration systems are not, to my knowledge, linked.
Originally Posted by dineshpamteninc
2. will my passport be red flagged.
Possibly.
Originally Posted by dineshpamteninc
3. How can i clear this off my record.
You would need to speak to a British Embassy.
Originally Posted by dineshpamteninc
4. Can i travel back to UK.
Yes, but you may get detained at immigration and possibly turned away. It depends on whether their systems are joined-up enough to realise you overstayed.
stifle is offline  
Old Oct 9, 2011, 8:02 am
  #8  
 
Join Date: Jul 2001
Location: London, England.
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You have not registered here on FT in which country you live. The attitude of the UKBA depends on their past experience by country, which have very different histories of malicious overstays.

Many people leave the UK by ship/Eurostar, or even overland from Belfast to Dublin, where API passport details are not recorded, so do not worry that there is complete recording of departures.

If you are concerned just apply for a tourist visa to come to the UK for a short holiday. Then you will see the reaction. If you haven't had a letter from them, I doubt they have noticed anything.
WHBM is offline  
Old Oct 9, 2011, 9:09 am
  #9  
 
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A lot will depend on your current status and how long ago this event was.
If you are unemployed and this event was very recent; there will be issues.

If have been in steady employment with a decent salary that enables you to travel overseas for holidays and this even was a long time ago, then you can make a case for changed circumstances.

Immigration is concerned about you looking for employment and ignoring your visitors visa. How can you show evidence to mitigate their concerns and not reoffend? Taking a pure guess by looking at your FT handle, you may also have to counter the concerns that other visitors from your country regularly over-stay their visas; not your fault but a regular pattern builds concerns for immigration.
KenJohn is offline  
Old Jan 28, 2016, 1:40 pm
  #10  
 
Join Date: Jan 2016
Posts: 2
Hi

I was a student in UK. I applied for my visa extention. Unluckily I got refused and Home office retained my passport and told to leave the country. But I could not leave as girlfriend didn't allowed me to. So I over stayed 3 years. After we broke up I came back to my country. on my own expense. Now I got a job in austrailia and I am gonna apply for a visa. I gonna face any problem for my overstay in UK? Worried plz help?
Ravindraravi is offline  
Old Jan 28, 2016, 1:41 pm
  #11  
 
Join Date: Jan 2016
Posts: 2
Help

Somebody ans me plz
Ravindraravi is offline  
Old Jan 28, 2016, 2:53 pm
  #12  
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Your post isn't easy to understand. If the question is "will overstaying in the UK affect my visa application for Australia?" the answer is "probably not". Don't expect to get back to the UK though.

Did you report your girlfriend to the police for not allowing you to leave?
stifle is offline  
Old Jan 28, 2016, 6:08 pm
  #13  
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Please just talk to a qualified lawyer well versed in Australian Immigration law.
UKtravelbear is online now  
Old Jan 29, 2016, 4:27 am
  #14  
 
Join Date: Sep 2014
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Originally Posted by Ravindraravi
But I could not leave as girlfriend didn't allowed me to.

Suggest you don't put that down as an excuse.
Worcester is offline  
Old Jan 29, 2016, 6:02 am
  #15  
 
Join Date: Feb 2010
Location: Northern Ireland
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Originally Posted by stifle
Did you report your girlfriend to the police for not allowing you to leave?
^
Gil Grissom is offline  


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