Hard choices for UK overstayers

THE phrase “when push comes to shove” is usually used to denote a situation when the moment of truth finally arrives, or when the situation has become so bad that you are forced to do something immediately to deal events at hand.

In the context of those individuals who have no valid stay in the UK, various options of regularising one’s stay have been discussed in past articles. Some of these options may require that one returns to the country of origin in order to seek entry clearance.

All those who currently remain in the UK without leave must be aware of the recent changes made to the Immigration Rules which govern the way in which an entry clearance application should be treated where the applicant has previously breached the UK’s Immigration Rules.

In accordance with paragraph 320 (7B) of the Immigration Rules, immigration offenders (other than those who have overstayed for 28 days or less and who have left at their own expense) could see their applications for entry clearance refused for the following periods:

• 1 year if, following the breach, they left the UK voluntarily at their own expense;
• 5 years if, following the breach, they left the UK voluntarily at public expense;
• 10 years if they were removed or deported from the UK following their breach.

Under these circumstances, it may be safe to say that, for those immigrants who have now exhausted their appeal rights and have no applications pending at the UK Border Agency, it is only prudent that they reconsider their next move in the light of this rule.

This is so, especially for those who are able to return to their countries of origin and still entertain the idea of coming back to the UK in the future in some other capacity. The UK Border Agency goes on to advise that those who can, should make their own travel arrangements and that failure to leave voluntarily may lead to prosecution, the penalty for which is up to £2,500 or up to six months’ imprisonment.

This now brings me to my opening remarks, regarding the push coming to shove. For those who feel that the situation has now become so bad that they cannot keep on keeping on, then it is suggested that a discussion with your case worker where there is one, or where you report periodically, may be a good starting point.

Others may as well feel free to discuss their options with the International Organisation for Migration on: 0800 783 2332.

Yet still there are those who would rather remain in the UK and wait to be forcibly removed. This is perfectly understandable because some do have serious concerns on return to their home countries.

At the end of the day, however, matters must be confronted, because you have reached a crucial point when you must decide how best to deal with the remaining years in your life time, and remember: you only live once!

It is still important to realise that at each stage before one is finally forcibly removed from the UK, one is always given an opportunity to show cause why one must not be removed. It is at each and every stage of that process when one receives such notices that legal advice must be sought, so that if something can be done it can be done in terms of the law.

George Tizirai-Chapwanya is a solicitor with Bake & Co Solicitors. He can be contacted on e-mail gtchapwanya@bakesolicitors.co.uk or visit Bake & Co Solicitors’ website at http://www.bakesolicitors.co.uk. Also reachable on telephone numbers +44121 616 5025 or +447815958475

Disclaimer: This article only provides general information on immigration law. It is not intended to replace the advice or services of a Solicitor. The specific facts that apply to your matter may make the outcome different than would be anticipated by you. The writer will not accept any liability for any claims or inconvenience as a result of use of this information