Case Study: Overstaying in the UK after an appeal rejection

In our previous blog, we discussed who is considered an overstayer and the critical window for applying for a visa after overstaying. We emphasised the importance of appealing a visa rejection if you have valid grounds. But what happens if, despite all efforts, your appeal is also rejected? Today, we'll explore the timeline for leaving the UK following an unsuccessful appeal.

Let’s look at Jane’s case.

Background:

Jane, a graphic designer from Brazil, was in the UK on a Tier 2 General visa set to expire on March 1, 2023. Before her visa expired, she applied for an extension on February 26, 2023, to continue her work with a design firm.

Timeline:

• February 26, 2023: Jane submits her visa extension application.
• July 31, 2023: Her application is refused, but Jane decides to appeal the decision.
• October 1, 2023: The court hears her appeal and upholds the initial refusal.
• October 15, 2023: This marks the end of the 14-day period after the appeal decision, which is the last day Jane's stay is legally protected under Section 3C of the Immigration Act 1971.
• October 16, 2023: Jane becomes an overstayer as she did not file another appeal or leave the UK by October 15.

Jane's legal right to remain in the UK was extended during her application and subsequent appeal. Once the appeal was denied, and no further legal steps were taken within the next 14 days, she started overstaying. This case highlights the critical importance of understanding your legal rights and the strict timelines involved in the immigration process.

Anything Jane could do after she receives the appeal rejection?

After Jane’s appeal was rejected, her situation became quite challenging. However, there are still several steps she could take to manage her status and minimize the negative consequences:

1. Review the Decision and Legal Options

• Action: Carefully review the reasons for the appeal rejection with an immigration lawyer to understand if there were any errors in the process or new evidence that could warrant a further appeal or judicial review.
• Benefit: There might still be legal avenues open that could reverse the decision or at least delay the need to leave the UK.

2. Prepare for Departure

• Action: If no further legal options are viable, Jane should start preparing for her departure from the UK to comply with immigration laws and avoid further legal complications.
• Benefit: Voluntary departure is viewed more favorably than deportation in terms of re-entry to the UK or applying for visas to other countries in the future.

3. Consult the Home Office for a Voluntary Departure

• Action: Contact the Home Office to discuss her situation and express her intention to leave voluntarily.
• Benefit: The Home Office may provide specific instructions or assistance for her departure, and engaging with them can sometimes result in a more lenient view of her overstaying when considering future entry.