A friend, an Australian citizen, was removed from the UK after being caught overstaying by 15 years. She was arrested at a MOT inspection point and was found to be in the United Kingdom illegally. Three years later she flew to Scotland after booking and paying in advance for everything. She was detained at Glasgow airport and put on a flight back to Australia. She lost a total of 3,600 dollars. The following year, she flew to NZ and was refused entry. Another $2000 lost in prepaid accommodations and activities.

Is there a period of time that must pass before she can apply for a visa to travel to the UK or other Commonwealth country?

  • Is she an Australian citizen?
    – JonathanReez
    Nov 19 '16 at 10:34
  • Yes, with a biometric passport.
    – Mike
    Nov 19 '16 at 10:43
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    "apply for a Visa" is important here. Given the very high risk of being refused entry, she should limit her travels to places where she can apply for a visa in advance. That way, she wastes much less time and money than being refused entry at an airport. Nov 19 '16 at 11:51
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    At the 14 year mark in the UK an overstayer can apply for permanent residence and a British passport at the 15 year mark. A solicitor would have been helpful, but only BEFORE the person gets caught.
    – Gayot Fow
    Nov 19 '16 at 13:09

You are asking a lot but let's break it down.

First, the Commonwealth has little to do with this, certain countries share information with the UK but that includes the USA which is not in the Commonwealth. Also, while the Trans Tasmanian Agreement gives free movement rights to AU-NZ citizens in these two countries, New Zealand legislation says:

No visa or entry permission may be granted, and no visa waiver may apply, to any person—

who has, at any time, been removed, excluded, or deported from another country.

The ban is 10 years for this overstay. After that, your friend is much better off asking for an entry clearance from the UK which she will most likely not get. She can attempt to build a travel history which over the next decade shows a pattern of entering and leaving as prescribed to some Asian countries and then try but this is dubious. Best is to accept that her travels to the developed parts of the world is over. Sorry, but that's just how this is.

For the UK the controlling reference is the Immigration Rules. In your case specifically the rule affecting you (and your UK history) is at Paragraph 320, "Refusal of entry clearance or leave to enter the United Kingdom".

  • What if I married her, could she enter either country then, travelling as my spouse?
    – Mike
    Nov 19 '16 at 10:41
  • @Mike are you an EU citizen? You're better off asking a separate question about that.
    – JonathanReez
    Nov 19 '16 at 10:46
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    @Mike Then the answer is crystal clear: no.
    – chx
    Nov 19 '16 at 10:52
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    Wait for Gayot Fow to show up, he might have a different answer but this is my understanding. The ten year ban certainly stands and as far as I understand, NZ is gone for life and Canada and USA have extremely low chances again for life.
    – chx
    Nov 19 '16 at 10:56
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    @chx Gayot thinks the answer is fine as is. Sometimes people blow their options and there's not a lot more to be said.
    – Gayot Fow
    Nov 20 '16 at 1:56

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