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Typically an overstayer would be subjected to a ban of various lengths. Supposing it was not one's own fault that one overstayed, are there any provisions within the rules for making an argument along these lines with respect to an overstay of significantly more than 28 days?

JosephCorrectEnglishPronouns
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    Could you clarify what you mean by "not one's own fault"? Your comments on another of your questions suggest that it's unwillingness, not inability, to travel, that is at issue. – MadHatter Sep 20 '20 at 10:21
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    This really isn't a travel question. This is a question about the law as it pertains to immigration. You would be better asking this on [law.se]. Seriously, though, if you're planning to contest any immigration decision you're going to need expert professional help. –  Sep 20 '20 at 10:21
  • There are of course provisions for situations such as human trafficking or dependents etc which cause someone to overstay against their wishes or knowledge, but thats not really what you are asking about, right? Can you suggest some examples of overstaying where the overstayer is not at fault? –  Sep 20 '20 at 10:26
  • I am not sure if I should disclose more detail at the moment, but will consider it. However it would be great if you could provide a specific reference to those provisions. – JosephCorrectEnglishPronouns Sep 20 '20 at 11:22
  • Arthur's pass, believe me, I am pursuing all avenues of help and advice. But I am simultaneously trying to inform myself on the system throughout the process. – JosephCorrectEnglishPronouns Sep 20 '20 at 11:24
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    I am not going to migrate this question, as is, to Law, as it will be closed (and thus rejected) as lacking needed details. It might be better not to ask online if you do not want (or can not) share all needed details. – Willeke Sep 20 '20 at 11:39
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    For those who have legaly entered a country yes: Exceptional reasons: Force majeure, humanitarian or important personal reasons. This must be applied for before the permitted time expires. For the Schengen Area, during the lockdown, this was automatically extended without application. – Mark Johnson Sep 20 '20 at 12:57
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    @Moo More importantly it must be a reason that occurred during his stay, not a situation that occurred before he legaly or illegaly entered. – Mark Johnson Sep 20 '20 at 13:08
  • The question was general and not dependent as written on the requested detail. – JosephCorrectEnglishPronouns Sep 20 '20 at 14:53
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    I’m voting to close this question because it's a question about immigration law, not travel. –  Sep 21 '20 at 02:41

1 Answers1

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Officialy, most likely not.

Applying to the Home Office yourself will probably lead to a failure.

You must employ a well chosen Immigration lawyer, that will collect your previous history (abused child before entry into the United Kingdom), which lead you into entering under deceitful circumstances (providing a US Passport Card - which was probably assumed to be a European ID - in Northern Ireland instead of your Passport which contained a refusal of entry stamp).

What you have done since your entry:

  • you can sustain yourself
  • you have fulfilled all your obligations
  • you have committed no crimes

in short, in the last 3 years have proven yourself a (possibly) useful member of society.

A further note: this process should be started before any official notice has been made that you are illegally in the UK (i.e. you are doing this on your own initiative to rectify the situation).

A good immigration lawyer will know which organization / forum this information should be placed, in a convincing manner, so that they would 'suggest' to the Home Office what proper decision should be made.

As far as I can tell, based on your previous questions and resulting comments, this is the only viable option you have to achieve your objective.

Ángel
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Mark Johnson
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  • Thanks Mark. Can you offer any suggestions on choosing an immigration lawyer who will not be repelled by the complexities and catch-22ness of my life? – JosephCorrectEnglishPronouns Sep 20 '20 at 14:58
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    No, I cannot since I live in Germany. A further note: this process should be started before any official notice has been made that you are illegaly in the UK (i.e. you are doing this on your own initiative to retify the situation). – Mark Johnson Sep 20 '20 at 15:05
  • Here's a related question on how to find an immigration lawyer: https://travel.stackexchange.com/questions/89170/how-do-i-find-an-immigration-lawyer-solicitor-to-help-with-my-uk-visa-applicatio?r=SearchResults. I concur with Mark - we are unable to help you out, only a lawyer can. – JonathanReez Sep 20 '20 at 16:52
  • @JosephP. As to finding a solicitor, review Gayot Fow's answer to this question: https://travel.stackexchange.com/questions/89170/how-do-i-find-an-immigration-lawyer-solicitor-to-help-with-my-uk-visa-applicatio – DavidRecallsMonica Sep 20 '20 at 17:22
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    @MarkJohnson As disclosed in his other question: https://travel.stackexchange.com/questions/159464/is-it-possible-to-request-the-right-to-study-a-university-course-while-one-is-on the OP is on "immigration bail" so the UK authorities already know about him. I agree that he should consult with a solicitor. – DavidRecallsMonica Sep 20 '20 at 19:19