What happen if your visa has expired and now an overstayer

[LadyJ]

If you overstay in UK you automatically break/breach Immigration laws. You become classed as an “illegal immigrant”, because you are now staying here illegally (in other words, outside of the terms/agreement of your visa). By law, you should leave this country. If the authorities find/catch you staying here without a legal visa, they will arrest you for breaking/breaching Immigration rules. They also have the powers to deport/remove you back to your country of origin.

You also DO NOT HAVE a legal right to work in this country. If any employer employs you, that employer also automatically starts breaching/breaking Immigration laws by employing an “illegal immigrant” (in other words, a person with no valid permit/visa to work in this country). If the authorities catch/find you working without a legal permit/visa, they will arrest you for breaking/breaching Immigration rules. They also have the powers to deport/remove you back to your country of origin.

Your employer CANNOT apply for a work permit for you because he has to prove that you are permitted by law to work in this country. He is required to send your passport and visa to the Home Office when he applies for a work permit. But since your visa has already expired, your employer cannot send that to the Home Office, because he is breaking the law by employing you. If your employer is caught/found employing you, or any other person with no valid permit/visa to work in this country, your employer will be fined tens of thousands of pounds. That is how serious it is.

HOWEVER, there are options that you still have:

1. Leave this country. Go back to your country and re-apply for a visa to come back the proper way. (And next time you are allowed to come here, DO NOT overstay, whatever the reason. It only makes your case more complex and very difficult to deal with.)

2. Find a good REGISTERED lawyer/solicitor who can advise you on what to do in your situation. This will cost you a considerable amount of money of course, but it is well worth the effort.

3. Find advice from your nearest Citizens Advice Bureau. This is a free service that provides independent and confidential advice.

4. Find advice from your country’s Embassy. (Embassies are usually situated in London. You will have to find where your own country’s Embassy is situated).

I have provided links below that concern these options.


Source(s):
Immigration Laws concern working in the UK
www.ukba.homeoffice.gov.uk

Finding Free Legal Advice
www.citizensadvice.org.uk

Finding Lawyers/Solicitors
www.lawsociety.org.uk

The Immigration Advisory Service (IAS) is the UK’s largest charity providing representation and advice in immigration and asylum law. These services are free to people who are eligible
www.oisc.co.uk

www.iasuk.org


Finding Your Embassy
www.fco.gov.uk

[LadyJ]

COmmon problems

I have got valid visit visa, can I switch to any visa? So I can stay here in UK longer than 6 months or permanently.

I'm currently in UK with my valid or expired visit visa, me and my British partner wanted to get married here. Am I allowed to do this?

My visit visa has expired few years ago. I met my British partner and we have now child who was born here. Will the Home Office consider our situation and grant me a visa because I've build a life here in UK?


If you overstay your visit visa and whatever reasons you may have to stay in UK, It WON'T WORK!!

If you voluntary return back to Philippines with your expired visa dont worry about Immigration officers who you think will stop you at the airport because you overstayed. In fact they want overstayers to leave UK so they dont have care if you're about to board a plane.

What you need to worry about is if they caught you , you will sent back home and probably get banned from coming to UK for many years and find it difficult to get a visa in the future.
to be continued.. (sleepy now)

[cyprusboy]

Hi Ladyj
You say that if you voluntary go back to philippines after being an overstayer, you will not get a black mark on your passport going through the airport imigration.
Do you think that it will be the same in Cyprus?.
My g/f has been living with me for the last year. We have had help from people in high up positions in Cyprus but cannot get married without a visa.
We intend to go to the Philippines to get married and then return to Cyprus. We are a bit concerned that she will have to stay until she has cleared her name.
I cannot get any information regarding spouse visas and wondered whether the Cyprus authorities do one. Perhaps I will have to apply for a hosting one.

[LadyJ]

Hi Ladyj
You say that if you voluntary go back to philippines after being an overstayer, you will not get a black mark on your passport going through the airport imigration.
Do you think that it will be the same in Cyprus?.
My g/f has been living with me for the last year. We have had help from people in high up positions in Cyprus but cannot get married without a visa.
We intend to go to the Philippines to get married and then return to Cyprus. We are a bit concerned that she will have to stay until she has cleared her name.
I cannot get any information regarding spouse visas and wondered whether the Cyprus authorities do one. Perhaps I will have to apply for a hosting one.

Hi

I dont have idea about Cyprus. Whether she gets a stamp on her passport when she leaves Cyprus or not Im sure she'll be fine because they will see her that she intend to leave the country.

How long is she been overstay there? If you wanted to marry her in Phils then do so. Give a good explanation with her new application about why she overstayed her visa and also include some supporting documents.

I also advice you read your country's immigration law and how to apply a visa for her.

Goodluck

[cyprusboy]

Hi Ladyj
Many thanks for your reply. She has been in Cyprus for 8 years now, 6 on a visa. She applied to stay under the Europien rule of being more than 5 years in the country, but this has not been excepted yet. She has got prove of this application. That's Cyprus
All I can find out about visas is that there is one for 'Application for visa' and Assumption of Responsibility for Hosting'. No other visas are mentioned.
Before going to the Philippines to get married (after my g/f returns) I have to go to the Ministry of Interior to get a certificate to marry in Philippines. I will have to ask what the situation is then.