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Thread: Overstayer - what happens if they leave the country

  1. #1
    Noodle is offline Junior Member
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    Question Overstayer - what happens if they leave the country

    Originally from Samoa and they have been here about a year on a visitors permit, now married and wife is pregnant she is a resident - what happens if he leaves the country - will they let him back in? Is it worth applying for a work permit or will they decline it as he is an overstayer?

  2. #2
    Jof's Avatar
    Jof
    Jof is offline Member
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    It's not good. He is breaking the law and has now stayed beyond the period where he could have appealed against a removal or deportation order. I'm afraid that having a wife and child doesn't make much difference to the immigration rules. They are strict in this area specifically to prevent people from having children just in order to stay in the country. In fact being in this situation makes him a greater risk of overstaying in the future, it doesn't help his case at all.

    I would advise you to get some professional impartial advice as soon as possible, there may be ways to limit the damage. The situation will get worse over time if he does nothing. The longer he overstays the more likely he will be prevented from re-entry. If he is served with a removal notice or deported he will certainly be prevented from coming back into the country for a significant period of time.

    If he tries to work, it is even more likely he will get caught. Until he sorts out the mess that he has got himself into, he is not in a position to support his wife or child properly.

    I'm afraid I can't answer the basic question that you've asked though. I don't know how carefully INZ check the details of people voluntarily leaving the country. I'm pretty sure they will check his status if he applies for a work permit.

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    MotherBear's Avatar
    MotherBear is offline The missing link
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    I would agree with Jof. He needs to get help from someone who can give good advice about what to do next. I imagine INZ keeps records of everyone's visa status so any activity in someone's record will bring up past history, good or bad. They are very strict regarding overstayers.
    Mother Bear

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