Annex D

Guidelines for the prosecution of overstayers

Essentially, we aim to prosecute blatant overstayers, meaning those who have overstayed by three months or more. Normally, however, we should not - unless circumstances dictate otherwise

prosecute those in this category who

G

(a)

are aged (sixty years old or more) or infirm;

(b)

(c)

(d)

(e)

are under the age of 18;

accompany throughout their stay a family member or relative who comes within (a) or (b) above;

can prove that they are unable to leave for health reasons; and

have overstayed for "humanitarian" reasons, such as looking after sick family members or attending funerals (where most of the 'overstay' has been spent attending to the deceased before deaths).

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