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Overtayed in UK

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asked on Oct 6, 2012 at 01:49
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edited on Mar 31, 2018 at 17:16
 
I have overstayed in UK for 7 years. My passport has expired there for 2 years. I tried to renew my documents there to get married with my partner but the Malaysian Immigration wouldn't renew it in London. They asked me to go back to Malaysia to renew it. They reckon due to my case they will issue me with a passport straight away because I'm getting married with a British citizen. When I came back to Malaysia with my brown passport, the Immigration in Putrajaya took my red passport and emergency passport off me and told me to wait for a month until they make the decision. After a month waiting they sent me letter banning me for 3 years. I have made an appeal and got refuse again.

I don't understand why Malaysian Immigration has to do this. I'm not a criminal. They have put me in a desperate situation now... Even the UKBA (UK Border Agency) is ready to lift the ban if someone is marrying their citizen. I have paid for my own tickets and everything, even if someone overstayed and going back to UK again they will only ban someone for a year if the person goes home at his own expense. Why the Malaysian Immigration has to do this to its own people?

Please advise me on what options I have to sort this problem. Thanks!

Update: UKBA which was closed in 2013 was replaced by UK Visas and Immigration.
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answered on Oct 6, 2012 at 13:51
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edited Mar 31, 2018 at 17:19
 
And you listened to the person behind the counter in Malaysian High Commission in London? You are silly! It is common knowledge that if you overstayed in UK and return to Malaysia to renew your passport, the Malaysian authorities will take away your passport and tell you to come back in 3 years' time.

You may not think you are a criminal but from where I come from (and to the UK authorities), overstaying IS a criminal offence.

Not much you can do about it now, mate.  Ask your British partner to come to Malaysia to marry you and live happily ever after in Malaysia.  He/she will do that if he/she loves you enough.
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answered on Oct 6, 2012 at 15:14
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edited Mar 31, 2018 at 17:24
 
@mann had no choice in his hands but to come back to Malaysia to get his papers renewed. There is no way he could get married there with his expired passport.

I'm aware overstaying there is a offence but people do get married abroad and then make application to get into UK again and is successful... but why the Malaysian Immigration has to impose such laws for their own people, its silly I guess. They should learn to mind their own business! They want people to come to Malaysia and get married and settle down here when there is not much jobs about in Malaysia. The private sector wages are going down... Malaysia is more like a holiday place for a person from UK... not to settle down my friend.
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answered on Oct 7, 2012 at 08:29
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edited Mar 31, 2018 at 17:26
 
but why the Malaysian Immigration has to impose such laws for their own people

Having these rules in place deter Malaysians from committing immigration offences abroad. Malaysian passport holders currently enjoy visa-free travel to many countries including the UK. Large numbers of Malaysians who overstay in a certain country can cause that country to impose visa restrictions on Malaysia, causing inconvenience to Malaysian passport holders who do play by the rules. The UK has recently reviewed their visa policy on Malaysia as a result of many Malaysians overstaying in the UK.
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answered on Oct 7, 2012 at 14:29
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edited Mar 31, 2018 at 17:27
 
mann had no choice

Mann had a choice not to overstay in UK.
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answered on Oct 7, 2012 at 17:50
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edited Mar 31, 2018 at 17:45
 
Malaysian Immigration should give a chance to those who can prove they want to get married to British citizen... even the UKBA is lifting the ban for those who have overstayed. I understand the Malaysian Immigration is trying to show the English that they are doing their bit! The Malaysian Immigration should only ban who those intend to go to UK again as visitors because they might overstay again.

Come on for God sake, give these people a chance... all they worry is visa fees etc.
Even if the UK imposes visa fees those who want to overstay will still do it. People can afford to pay high ticket prices up to 5-5 grand. I am sure they can pay a little bit extra for visa fees...
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answered on Oct 7, 2012 at 21:16
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edited Mar 31, 2018 at 17:57
 
Check out this link guys... Thanks.

(Expired Link) www.ukba.homeoffice.gov.uk/policyandlaw/guidance/ecg/rfl/rfl5/

Read: RFL5.3 How long are applicants automatically refused for

2018 Update: https://www.gov.uk/government/collections/refusals-entry-clearance-guidance

RFL5.2 How long are applicants automatically refused for?

If an applicant falls to be refused under 320(7B), applications must be refused for the following periods:

* 12 months if they left the UK voluntarily, not at the expense (directly or indirectly) of the secretary of state;
* 2 years if they left the UK voluntarily, at the expense (directly or indirectly) of the secretary of state, more than 2 years ago; and the date the person left the UK was no more than 6 months after the date on which the person was given notice of the removal decision, or no more than 6 months after the date on which the person no longer had a pending appeal; whichever is the later;
* 5 years if they left UK voluntarily, at public expense;
* 5 years if they were removed from the UK as a condition of a caution issued in accordance with s.134 legal aid, sentencing and punishment of offenders act 2012
* 10 years if they were removed or deported from the UK;
* 10 years if they practised deception (which includes using false documentation) in support of a previous visa application.

Where an applicant has overstayed, breached a condition of leave, was an illegal entrant, accepted a conditional caution or used deception in a leave to remain application, the automatic refusal period is dated from the date the applicant left the UK. Where an applicant has used deception in a visa application, the automatic refusal period is dated from the date (in which deception was used) was refused.

Where more than one breach of the UK's immigration laws has occurred, only the breach which leads to the longest automatic refusal period from the UK will be taken into account.

For example, an applicant left the UK voluntarily at her own expense in January 2008 and applied for entry clearance using false documents in February 2008. Any subsequent entry clearance application must be automatically refused for 10 years, until February 2018. This is the longer refusal period where deception has been used in an entry clearance application. The shorter refusal period of 2 years for leaving the UK voluntarily is not applicable.
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answered on Oct 8, 2012 at 23:19
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edited Mar 31, 2018 at 18:12
 
@jackal, @sotong, you guys can just sit there and comment because you're not in that situation yourself!! People will pay no matter what amount, when they're in trouble. These people go abroad and work hard, they don't steal, or anything... I don't see any problem with that. Britain has so many illegal immigrants and they don't even got a clue of how many people are in the country! They are imposing silly laws on us. This is a joke!

We need HUMAN RIGHTS LAW IN MALAYSIA!!!
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answered on Oct 9, 2012 at 22:54
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edited Mar 31, 2018 at 18:13
 
Hey guys, Sotong is right.  Laws of the land should not be broken. Malaysians do enjoy favourable visa conditions.  We cannot blame the Malaysian Government for penalising its citizens for breaking international or local laws.  Lots of Malaysians overseas have broken immigration laws and embarrassed our government.  If Malaysia did not take action visa restrictions would be imposed.

You are right we need human rights, but expect action to be taken if laws are broken.  This is also part of human rights.
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answered on Oct 9, 2012 at 23:52
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If you can't do the time, don't do the crime.
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answered on Oct 10, 2012 at 04:02
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edited Mar 31, 2018 at 18:17
 
@Chee Nah, @jackoff, you guys are right... Thanks for the comments.

If UK Government bans a person for a year, Malaysian Government should also ban for a year ...not good 3 years!! 3-year ban is a bit too harsh really. Even the British High Commission said that to me, but they can do anything to intervene with our laws...
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