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Thomas, Solicitor
Category: Family Law
Satisfied Customers: 7663
Experience:  UK solicitor
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I am enquiring for a friend.Overstayed for more than 90 days

Customer Question

I am enquiring for a friend.Overstayed for more than 90 days in the UK a few years ago.Left voluntarily on own expense.What are the chances of being able to be admitted on a visa waiver program or on a visa?Or will immigrating on a entrepreneur high net worth visa or work visa ease the immigration's concerns?
Submitted: 3 years ago.
Category: Family Law
Expert:  Thomas replied 3 years ago.
Thanks for your patience.
The siutaiton is largely the same for whatever visa he applies for.
The immigration rules state that a refusal is mandatory (ie. automatic) where a person has left at their own expense after overstaying (if the overstay is less than 6 months) for a period of 12 months from the date they left the UK. So, this means that his application will not be automatically rejected.
However, there are other grounds on which they can reject where a previous immigration breach has occured which they can use if they consider it appropriate to do so. This generally means that it is more likely than not that a visa applicatoin would be rejected unless there are human rights grounds which apply. There would not be any such human rights grounds in this case if he is not married to an person who has leave to remain in the UK and the person does not have any chlidren in the UK.
He can apply and it will be considered, but to even have a chance he would have to submit considerable mitigation for the overstay explaining why it occured and also submit detailed chracter references from persons of authority who can speak to his good chracter and confirm that the overstay was completely out of the ordinary for him.
I am sorry that I could not have better news for you.
Kind regards
Expert:  Thomas replied 3 years ago.
Is there any further information you require?
I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided.
Kind regards,