Case Study: Overstaying in the UK after a visa rejection

In our previous blog, we've outlined what you should do if you overstay your visa in the UK. But what happens if your application for a new visa is rejected? When are you required to leave the UK? To explain, let's consider the case of John.

John, a software developer from India, was working in the UK on a Tier 2 visa which was set to expire on March 1, 2023. Realising he needed more time to secure a new job offer and maintain his legal status, John applied for a visa extension on February 26, 2023.

What Happened: Unfortunately, John's extension application was refused, and he received the decision letter on July 31, 2023. Overwhelmed by the refusal and unsure of his chances in an appeal, John decided not to exercise his right to appeal the decision.

Legal Timeline:

• July 31, 2023: John receives the refusal notice.
• August 2, 2023: The refusal decision is officially recognised (adding 2 days for postal service).
• August 16, 2023: This is the critical date for John.
• - It marks the last day he could legally stay in the UK under Section 3C of the Immigration Act 1971, which temporarily extends his visa while he decides whether to appeal the refusal.
• - It is also the final day he is allowed to file an appeal against the refusal. If he had filed an appeal, his Section 3C leave would continue until the appeal process was completed.
• August 17, 2023: John officially becomes an overstayer as he did not file an appeal and his extended leave under Section 3C expired.

What could have John do differently?

1. Seek Immediate Legal Advice

• Action: As soon as John received the refusal notice, he should have consulted with an immigration lawyer.
• Benefit: Professional advice could have clarified his options for appealing the decision or applying for a different type of visa, possibly preventing him from becoming an overstayer.

2. Exercise the Right to Appeal

• Action: John had until August 16, 2015, to file an appeal. Since he chose not to appeal, his legal right to remain under Section 3C of the Immigration Act 1971 expired at the end of this period. John should have considered exercising his right to appeal the decision, especially if there were grounds to believe the refusal could be overturned.
• Benefit: This would have extended his legal stay under Section 3C of the Immigration Act, giving him more time to rectify his situation without overstaying.

3. Prepare for Appeal in Advance

• Action: Before his visa expiration, John could have prepared by gathering substantial supporting documents and understanding the appeal process.
• Benefit: Being prepared could have made the appeal process smoother and less daunting, potentially leading to a successful overturn of the refusal.

4. Monitor Visa Expiry and Application Deadlines

• Action: John should have been more vigilant about the expiration date of his visa and the timelines for filing an extension or appeal.
• Benefit: Close monitoring would help ensure that all applications and potential appeals are submitted on time, thereby avoiding any gaps in legal status.