4

I need an important help on my further visa.

I have been in Turkey two years back on work visa. I was working for a company out there and it was an IT project. The visa duration was for a year but the project got finished soon (in 5-6 months). The company who sponsored me had to cancel my permit since the work was finished however I had the Passport + resident permit (which was valid for a year). I got some other assignment there itself and consulted friends lawyer about that. He told you can still work for a year.

After 3 months that assignment was over (i.e. after total approx 8-9 months stay in turkey) I decided to go back to India. When I was at airport I was told that you have been over stayed and they charged me approx 70 to 100 lira and banned me for a month.

During those three months of another assignment, I was worried about the same thing and I informed my new employer to reapply for my work visa but he avoided and lied to me that he already did so (I have those emails too). I would have gone to visa department but my mistake :(

I want to understand

  • Will it cause issue to my next UK visa?
  • If yes, any chance I can avoid it?
  • Is this logged in central db. Can UK embassy track this?
  • Do I have to mention it in visa form?
4

You overstayed in Turkey and now want to apply for a UK visa...

will it cause issue to my next UK visa?

They believe that if you violate the rules in Turkey (or elsewhere), then you are likely to violate the rules in the UK. That assumption will damage your credibility. It's not an unreasonable policy, however this policy is not cast in stone. Your explanation and current situation are also taken in to account, and refusal is not always the outcome.

If yes, any chance I can avoid it?

There are several ways to mitigate the effects of a prior overstay...

  1. Have a compellingly good explanation that is well drafted and articulately stated;
  2. Offer candour and transparency, this would also need to be well drafted and articulately stated;
  3. Have a long time between the violation and now, like for example 5 or 6 years;
  4. Have lots of peripatetic experience between the violation and now, like for example 3 or 4 visits to the USA or Canada or even Schengen;
  5. Try and lie about it.

Is this logged in central db. Can UK embassy track this?

If 'central' means 'global', then no. Turkey is not a signatory to any of the major information sharing treaties so there is no 'central db'. However, Turkey is trying to become a Schengen member and this involves restoring trust with the other members. So they are in a position to be a conditional provider of information to the Schengen Information System or some other database that the EU/EEA has access to. Additionally, there may be a diplomatic connection where the UK can get information on Turkey's database, but I'm not aware of it. Also, if the UK asks them straight up for your history, there's a pretty good chance they will provide it, but there are too many variables to be certain. So the answer to this question is indeterminate.

Do I have to mention it in visa form?

Yes, there are two places on the form where you need to disclose relevant information. The first is question 6.2...

enter image description here

And the second is question 6.6...

enter image description here

These questions are asked outright, and you need to disclose the relevant information about what happened in Turkey. If the Turkish authorities gave you some paperwork and banned you when you got caught, then you were 'removed' and it's a reportable event.

There is another implicit question: should you disclose it?

If you have an appetite for risk, then you can attempt to hide it. If you get caught you'll get the full 10 year ban and they will tell India about it where there may be some additional sanctions for lying to the UK on a visa application.

The safest way is to make a very well drafted and well articulated explanation that mitigates the chances of a refusal. They totally love candour, even if the initial decision is not in your favour, subsequent applications will elevate your credibility. If you are not confident of your own word-smithing skills, you can instruct a UK solicitor with a practice area in getting visas for people with a pejorative history.

Adding...

About your explanation, trying to blame it on your boss will not work, even if you can offer emails and even if it's partially true. Emails can be easily forged and also there are bosses like that in the UK. Plus everybody in the world who gets caught overstaying cobbles together a blame-shifting scenario. To be sure they believed it, you would need your former boss to confirm to them that he lied to you, and that's unlikely to happen. If you have the correspondence from your friend's lawyer telling you that it's OK to work for a year that may be partially helpful, but understand that they will most likely reject it as not credible.

  • Actually I not only have email but a signed turkish contract is also there with his signature. Do you think that would be good document to prove that it was not my fault? – overstay_info Oct 24 '15 at 14:38

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.