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I'm from Brazil, and I've been working in Lithuania for around 4 months (I could stay in Lithuania without a visa for 90 days in a 180-day period).

For reasons that are not relevant, I didn't apply for a visa in Lithuania, and my 90-day period has passed. Now, I'm illegally in Lithuania, but I am planning to go to the United Kingdom for 2–3 weeks to apply for a national D visa in the Lithuanian Embassy in London. I've dealt with all of the paperwork in the migration office in Lithuania, they know I'm here illegally, and I'm leaving voluntarily.

My problem is that, from what I heard from some of the migration officers, I might be stopped in the UK and not be let into the country, even though it doesn't belong to the Schengen Zone, even though Brazilian citizens can be in the UK for 6 months.

My question is if the mentioned facts are true, and what I can do to have no problems going to UK from Lithuania, while not being allowed to travel in Schengen countries.

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    You may think those reasons are not relevant, but I can assure you that they are. You can be sure that the UKBA will ask about them in depth since you have overstayed in Schengen. – Michael Hampton May 20 '14 at 16:26
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The thing is that UK border officers probably will notice that you have been staying illegally in the Schengen area for some time (either through the stamps in your passport or simply by asking you). At this point, they will examine your case much more closely and might deny you the right to enter the UK based on a concern that you would do the same there (namely stay illegally). There is nothing automatic about that either way (e.g. overstaying in the Schengen area does not entail a ban from the UK), it's not part of EU (or, to my knowledge, UK) law but a judgment left at the discretion of individual border officers.

Someone more familiar than myself with the UK Border Agency practices and internal procedures might be able to provide an educated guess on how likely that is but I don't think that anybody can offer any guarantee.

One thing that you could do is to get in touch with the UK consulate to get their opinion on this and perhaps apply for a UK visa beforehand (unlike the Schengen area, I believe it's possible even if you don't need one by default). This would give you the opportunity to explain your situation and provide guarantees that you do not intend to immigrate illegally in the UK. Beside the costs of a visa application, the big caveat is that if this application is denied you will be in a much worse position to enter the UK at any time in the future.

Other “solutions” include going back to Brazil instead of the UK or try to do the same from a country less concerned about illegal immigration.

  • Thank you for your answer. One follow-up question - what type of visa would I apply for if I were to apply for a visa? Because brazilian citizens don't even need a visa in the UK for 6 months, so making a visa which I don't need would be obsurd (as it costs ~105 euros) Going back to Brazil wouldn't be a solution, as there is only one Lithuanian consulate there, which has some technical issues and they don't make visas since like January. So going back to Brazil isn't a solution at all. What other countries would to advise, that are less concerned about illegal migration? – Tom May 20 '14 at 11:51
  • And would it help to convince the border officers that he's not planning on staying illegally if he has a return ticket? – Tom May 20 '14 at 12:31
  • Most countries require proof of onward travel for visa waiver type entry, as it indicates how and when you plan to leave – Gagravarr May 20 '14 at 12:49
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    @Tom I am fully aware that Brazilian citizens can generally visit the UK without visa, my answer was not intended to imply anything different. Look at it that way: Entry is, to some extent, left at the discretion of the border officer, it's not something every Brazilian citizen can count on. If you are concerned you would be denied entry, you very much need something else, so it's not particularly absurd to get something regular tourists do not require. That said, I don't know exactly how it works in the UK. – Relaxed May 20 '14 at 15:24
  • Incidentally, it's not true that Brazilians don't need a visa if they stay less than six months. What is true is that they don't need a visa if they visit for certain purposes and the issue is whether the border officer believe you are sincere about the purpose of your trip. – Relaxed May 20 '14 at 15:28

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