overstaying visa in UK

Jul 24th, 2013, 10:57 AM
  #1  
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overstaying visa in UK

Hello everyone,
I was just wondering if anyone might know about student visas.
My daughter is in London and mistakenly made her return flight for one day longer than her her visa is valid.
So it will be expired (by 8 or 9 hours!) when she exits the country.
Should she absolutely pay the airline's very high fee to change her ticket or might the border agency overlook her mistake? I'm also concerned about her ability to return as she's planning to go to school there.

Thanks! I'm pretty worried.
Sandy
kasykd is offline  
Jul 24th, 2013, 11:16 AM
  #2  
 
Join Date: Oct 2008
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I am no expert on this but as she is leaving the country there really should not be a problem.
unclegus is offline  
Jul 24th, 2013, 11:18 AM
  #3  
 
Join Date: Oct 2008
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the real problem would be if she had overstayed months ,and oversight of a few hours will make no difference to her returning to the UK.
unclegus is offline  
Jul 24th, 2013, 11:22 AM
  #4  
 
Join Date: Apr 2011
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The airline checkin agent will only be paying attention to the fact that she's got a valid passport to return home and will be admitted by the country she's flying to.
jetsetguy is offline  
Jul 24th, 2013, 11:24 AM
  #5  
 
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We have a wonderful poster here called Alec who seems to work for the Border Agency, or know at least as much about it as anyone who does, who might well see this and give you some properly-based advice.

But there's no outgoing passport control in Britain. So there'll simply be no check on her status. In theory, she's liable to deportation for her last 24 hours. But, with real migration problems to manage, that's not what the Border Agency is meant to waste energy over (and if it does, 60 million taxpayers will be pretty pissed off). Other law-enforcement agencies would fall about in helpless mirth at the idea they should divert resources from real crimes to persecuting a girl as inept at filling forms in properly as the rest of us.

Tell her not to drive a car at speed in her "illegal" 24 hours. And tell her, if she's out on the piss to celebrate the end of her course, to avoids any excess (or substances) that might get Plod more interested in her than is good for her.

But as long as she doesn't invite attention, no-one will give a flying fart.
flanneruk is offline  
Jul 24th, 2013, 11:45 AM
  #6  
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Thanks a bunch everyone!
And flanneruk, thanks for the giggle!
I agree that a few hours really shouldn't be worth their trouble but I thought a fine might be imposed that could be more than the airline fee.
So for now we'll go with what we've got.
kasykd is offline  
Jul 24th, 2013, 11:51 AM
  #7  
 
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Yes, they used to check passports upon departure, but no longer do.
Heimdall is offline  
Jul 24th, 2013, 12:06 PM
  #8  
 
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The fact that the Border Agency may not scrutinise everyone's passport on departure should not lead anyone to assume you are not monitored. Everyone's name will be on a electronic list somewhere, and if you are "of interest" you will be questioned.

So your daughter may or may not be questioned - but as Flanner says they'll really have more important things to do.
sofarsogood is offline  
Jul 24th, 2013, 12:27 PM
  #9  
 
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While in theory she can get into trouble for overstay, in practice it's extremely unlikely. Your daughter should not draw the check-in staff's attention to her overstay, as they then become responsible for telling Home Office about it, which can lead to an interview and missing her flight. Even then, it's not in anyone's interest to delay a passenger's departure so all she is likely to get is a mild ticking off, if Home Office even bother to react.

She may like to know that should she apply for any future visa for UK, an overstay of up to 28 days can be ignored.
Alec is offline  
Jul 24th, 2013, 12:27 PM
  #10  
 
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Your daughter will not be questioned, as she will not even show her passport except at the airline check-in desk, and they will only be concerned that she can legally enter the US.
Heimdall is offline  
Jul 24th, 2013, 12:35 PM
  #11  
 
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Other law-enforcement agencies would fall about in helpless mirth at the idea they should divert resources from real crimes to persecuting a girl as inept at filling forms in properly as the rest of us.>>

Many years ago I represented an overstayer who had actually been on the boat train going towards Dover when the police arrested him. He was hauled back to Court in London, where the police objected to bail on the basis he might leave the country. The magistrate needed no encouragement from me to grant him bail and in fact ordered the police to give him enough money out of public funds to pay for an new ticket, his previous one having expired.

kasykd - I tell this tale not to frighten you, but to emphasise that no-one with any sense will care.
annhig is offline  
Jul 24th, 2013, 01:18 PM
  #12  
 
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annhig -- " He was hauled back to Court in London, where the police objected to bail on the basis he might leave the country."

That's hilarious.
Fra_Diavolo is offline  
Jul 24th, 2013, 02:06 PM
  #13  
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Fantastic! Neither of us have money - hers is no doubt spent and I'm saving for my own European vaca in the fall. Whew. I'll tell her to go through quietly.
Thanks everyone for your comments and for the story, annhig.
So glad to have such helpful folks in this forum!
kasykd is offline  
Jul 24th, 2013, 02:49 PM
  #14  
 
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" I represented an overstayer who had actually been on the boat train going towards Dover when the police arrested him"

And in the days of the boat-train, we had outgoing passport control.

Whether Plod has gained a brain cell or two since then is, of course, debatable
flanneruk is offline  
Jul 24th, 2013, 03:02 PM
  #15  
 
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Glad you liked the story, kasykd. it is one of my favourite memories of my early days in london; I remember the howls of laughter that echoed around the court as the copper opposed bail.

I hope that Plod has gained the odd brain cell since then.
annhig is offline  

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