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Thomas
Thomas, Lawyer
Category: Immigration Law
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Experience:  UK Lawyer holding practising certficate for England & Wales.
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Hi, a friend of mine overstayed in uk for years but left volunteerly

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Hi, a friend of mine overstayed in uk for years but left volunteerly and brought her own ticket. She was given a letter by while leaving uk. Now 4 years gone pass, would she able to apply for a visitor visa to come back to uk?
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your question.
It is likely that she probably received an entry ban of 1 year from the date that she left. The letter that she received should state the ban that she got, but i would probably expect it to be the one year or possibly to.
Even though the length of the re entry ban has now passed it is still going to be very difficult for her to obtain a visa unfortunately. This is because although the entry ban has finished and the home office will therefore not reject a visa application that she makes immediately but they are still entitled to take into account the fact that she has reached the immigration rule by overstaying.
To be quite honest she can certainly expect the application to be rejected and the appeal rights for a visitors visa will be limited to only wherehuman rights grounds apply. If she is applying for a visitors visa then human rights will not apply and so therefore she will not be able to appeal.
The only visa that she might be able to get his if she were in a relationship with someone who has leave to remain here so that she could argue her right to a family and private life under human rights law or if she had a child here.
I am really sorry.
Kind regards.
Tom
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7569
Experience: UK Lawyer holding practising certficate for England & Wales.
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