AlaaYossef

Heya,

I -very unfortunately- overstayed my visa with 4 months and I wish to go home now (Egypt), I have heard that UK does not give out an exit stamp. Does anyone know if that's true? Is there any chance that I go through without anyone checking the date of the visa expiry?

I am very nervous as I came on a business type C visa and had come many times and never overstayed or broke any law. But this time, due to unfortunate events I -had to- overstay. And I've got a very good offer of a company to sponsor me in on a tier 2 general visa. I've got the CoS number and all is good. I talked to a lawyer and he advised to "take my chances" and leave and a big chance I will go through undetected and apply for a visa from home. Another lawyer advised to mail Home office claiming that I had sent my passport and FLR (o) forum but it's been lost in mail and guarantees that this will get me some sort of declaration and a reason why I overstayed.

I do not like breaking the law. The idea of going on with the FLR (o) "scam", I honestly don't like. In my entire life, this is the first time I break the law -any law- and I do not want to carry on doing it.

Problem is, if i don't go home ASAP I will lose that offer from that company. And I know that this position, I will not be able to get it again in 10 years. Please guys, any advice will be rather appreciated

UKtravelbear

The Home Office won't accept the 'lost in the post' excuse. In any case they will soon find out when you present the passport that you supposedly lost as part of your application.

The 'lawyer' who advised you to do that should be reported to the Home Office for unethical behaviour.

They many also check with the Egyptian Passport authorities - because you would surely would have had to have reported a lost passport to them before they issued you with a new one.

I've seen enough passport control programmes from around the world to know that lying is not a good option and you will soon get found out.

I can't advise you on what do do but lying is not the way to go about sorting this situation out.

Aviatrix

I agree with the previous post - the advice you were given by the second lawyer is appalling, and your instinct ("don't do it") is spot on.

As regards exit controls - what you were told is largely correct, there are no routine exit controls, and no exit stamps. And it is entirely possible that you may be able to sneak out undetected.... but I wouldn't bank on it:

- Although there are no regular routine controls there are spot checks. They seem to be more common at LHR than at other airports, but I've seen them in some unlikely places including Norwich Airport and Harwich Seaport. I don't know how often they happen - but they do happen.

- Immigration (and the police - Special Branch) have access to passenger lists, and I know of cases where they were looking for someone and just happened to spot someone else whom they were not actively looking for. So if your passenger list is one in which they decide to take a closer interest then it is possible that you will get found out.

I don't know what will happen if they do catch you leaving the country - they're unlikely to arrest you and stop you from leaving (after all, you are leaving, voluntarily - what more do they want?) but it may not be as easy for you to get back into the country after that.

I'm not going to advise you what to do (other than: "don't, whatever you do, make up a 'lost passport' story or any other similar lie"), but hopefully I've told you what you need to know about exit checks.

SteelCityBoy

Have only seen Exit Checks twice in my life - once in STN, once in MAN T2. Both a passport check after security and we were on our way in 2 seconds.

Chances are you'll have no issues departing and won't see an exit check; even if you do I doubt they'd want to stop you leaving as they would ultimately want you to leave! If you did get checked on departure I would hazard your departure may take longer but you'd still be allowed to travel.

You would be required to disclose the overstay on any future UK visa application; if you didn't likely they'd find out and then you'd be in the realms of "deception" which is very serious and can result in mandatory lengthy bans from the UK.

Most likely would come to light also during any future attempt to enter the UK.

B747-437B

There are ways (not entirely foolproof, but pretty close to it) of getting around this issue, but I am not going to go into them here for obvious reasons. Suffice it to say that engaging in those (if detected) will almost certainly result in your permanent exclusion from the UK. That said, you should be aware of how the UK tracks exits so you can make your own risk assessment.

While there may not be a physical check for all passengers exiting, there are random, blanket and targeted checks that take place. Targeted checks are most common and they target either specific passenger(s), or specific high risk flights (ones which have traditionally transported high numbers of visa violators). Flying directly to Egypt from Heathrow has a higher risk of being subjected to a physical check than for example flying from a regional airport via a European point. If you are interdicted during a physical check, your personal details will be noted and you will be asked to sign what is basically an admission of guilt. You will not be detained if you sign this, but it will have significant adverse effects on your future travel to the UK (and depending on the circumstances, possibly to any EU state).

That said, your overstay will almost certainly be noted regardless of whether you are subjected to a physical check. The UK has a comprehensive "e-Borders" (the original e-Borders system was scrapped but the program lives on in a modified form) system in place where airlines submit personal details (including passport, name, DOB, etc..) of all passengers and crew entering/exiting the UK. Whereas the policy is not to interdict a simple overstayer who may be flagged by e-Borders (it is considered the lesser evil to simply let an overstayer unrelated to criminal enterprise leave than to detain him only to remove him at state expense later), there will almost certainly be a flag in your record when you apply for future visas or entry clearances.

An overstay is not in itself a disqualifying factor for a future visa application, but it severely affects your credibility unless you are able to explain it to the satisfaction of the ECO. Since most ECOs never actually meet with visa applicants but make decisions on the basis of documents submitted with an application, documentary evidence to proactively explain the overstay will be the most critical item in your future visa applications. (NOTE : This assumes your overstay was a simple overstay and that you did not engage in unauthorised employment/study or similar while in the UK. If you did, then there is an entirely different set of consequences to be concerned about).

The truth is always the best option in the long run, especially if you intend to work in the UK. You should travel via a route least likely to result in physical checks and then focus your efforts on developing strong documentary support for your next application. If everything related to that application is properly in order and you fully disclose your overstay, I believe you stand a better than even chance of securing your subsequent visa.

garethlewis

Look in essence your ability to apply for this Tier 2 visa successfully is going to be void given your overstaying, if you return to your home country you'll be banned from entering the UK on a similar visa for 3 years BUT entering as a tourist you won't be restricted.

Swanhunter

LHR T3 routinely has exit passport checks

SteelCityBoy

Interesting... Have they installed actual desks for the purpose then?

Aviatrix

Yes, they've been there a few years. Not always manned, but definitely a permanent structure.

NWI has a desk too - nearly always unmanned, but there was someone there last week. He didn't actually ask to see my passport - just asked where I was going and sent me on my way.

rwoman

I've had my passport checked at LHR (particularly T3 and T4) a few times per year in the 5 years I've been living in the UK. They've checked for passport validity and my visa.

AlaaYossef

Thank you all for your replies.
Really appreciated.
I still dont know what to do , but defo wont be going with that lawyer :/

lhrsfo

Of about 100 trips from T1 in the last 6 or 7 years, I have had my passport checked twice. I'm thinking ferry from Dover or Eurostar perhaps.

Aviatrix

This would require a Schengen visa...

gnarly

Or would it?
As a regular Le Shuttle user, I've only had my passport checked going in to France when I've insisted (I needed an entry stamp for my mother-in-law).
The French seem to rely on the UK authorities to do immigration control by proxy.

Aviatrix

I've not used Le Shuttle in years so I can't comment on that - but I must say I'm surprised.

What I do know is that you can't board Eurostar at St Pancras without going through French Immigration (it's done there rather than in France). I've not used ferries to France for a while but - based on regular trips to Holland by ferry - I can't believe there wouldn't be Immigration checks on disembarkation.

And in any case... even if the OP were to sneak into France undetected how would he get out of Schengen?