Prior to 2 October 2000 a person who “overstayed” the period of his limited leave in the United Kingdom would have been liable to deportation. On 2 October 2000 section 10 of the Immigration and Asylum Act 1999 came into force. This made provision for those overstayers, not previously served with a notice of a decision to make a deportation order, to be administratively removed from the United Kingdom by way of directions given under section 10. Deportation was expensive and time-consuming process, which carries with it both a bar on return for at least three years and a right of appeal before removal.
The system that replaced it ensured overstayers were removed with no right to appeal the decision in the UK unless they made an asylum or human rights claim whilst in the United Kingdom, or in the case of an EEA national or family member of an EEA national, he claims that the decision would breach his Treaty rights in respect of entry to or residence in the United Kingdom.
Section 9 of the 1999 Act allowed arrangements to be made under which overstayers could apply to regularise their stay i.e. to apply for leave to remain. Applications had to be made within a specified period (8 February to 1 October 2000 inclusive). The main consequence of the Regularisation Scheme for Overstayers is that where any application made under the scheme is
refused, the applicant remains subject to deportation action and will continue to have a separate right of appeal from within the United Kingdom against the decision to make a deportation order.
If you have an outstanding immigration decision or have submitted a legal representation with no response, contact us on 0207 237 3388 or e-mail us on info@icslegal.com. E-mail us your case details: info@icslegal.com.
