Overstayed Your Visa? Here’s What to Do Next

In this blog, we’ll cover what overstaying is, the potential problems it creates, and steps you can take if you find yourself in this situation. Understanding these rules is crucial for anyone living in or planning to move to the UK, helping you avoid legal issues and rectify your status if necessary.

What is considered Overstaying?

Overstaying happens when you stay in the UK after your visa expires without getting an extension or a new visa. This is illegal and can lead to serious consequences. Imagine you came to the UK on a tourist visa that allows you to stay for 6 months. If your visa started on January 1st and it's now July 2nd, you have overstayed your visa by one day because you're still in the UK without a valid extension or new visa.

It’s very important to remember that the Home Office won’t tell you when your visa expires, so we strongly recommend you mark the date on your calendar. To check your visa's expiry date, look at your BRP or visa stamp. Starting in January 2025, all visas will be electronic, and you can check your status online at the Home Office website.

What are the consequences if I overstay?

Immediate Legal Consequences

• Loss of Legal Immigration Status: Once your visa expires, you immediately lose your legal status in the UK. This means you no longer have the right to work, access public funds, or use services like the NHS (except in emergencies).

Impact on Future Travel

• Travel Bans: Overstaying can lead to being banned from re-entering the UK for a period that can vary between one and ten years, depending on the length of the overstay and the circumstances surrounding it.
• Visa Denials: Future applications for visas to the UK are likely to be denied based on your immigration history. This overstay record can also influence visa decisions by other countries, as many nations share immigration data and consider past immigration violations.
• Enhanced Scrutiny: Even if not outright banned, you may face heightened scrutiny in future travel endeavors, which can complicate and delay visa processing.
  

Penalties and Removal Processes

• Detention: Individuals who overstay may be detained by immigration authorities while their case is processed or while arrangements are made for their removal.
• Removal from the UK: Overstayers can be removed or deported at their own expense. This process not only involves being escorted out of the country but also includes a formal removal notice that impacts future immigration applications.
• Re-entry Restrictions: Following removal, you may also face re-entry restrictions, preventing return to the UK for a specified period.
• Criminal Charges: In severe cases, particularly where deception is involved, overstayers may face criminal charges, leading to a criminal record that severely affects future travel and residency options globally.

Is there a grace period if I overstay?

Technically, overstaying your visa in the UK is a criminal offence, which can result in fines or imprisonment. However, if you have a ‘good reason’, you might qualify for a 14-day grace period to make a late immigration application after your visa expires. Additionally, you have 30 days to voluntarily leave the UK after your visa expires to avoid a re-entry ban. Note that you are still considered an overstayer during this time.

• When It Applies: If you apply within 14 days after your visa has expired, you might be eligible for this grace period.
• Reason Required: You need to explain and prove that something beyond your control prevented you from applying before your visa expired. This reason must be included in your application. The reasons that are likely to be accepted are listed in the next section “When it might be okay to overstay”.
• Approval Is Not Guaranteed: Whether your application during this grace period is accepted depends on the decision of the immigration officer handling your case.

Please note that:

• No Legal Status: Applying during this 14-day period doesn’t mean your legal status or right to stay is immediately restored. You are still considered an overstayer until your new application is decided.
• Working Is Illegal: You cannot legally work during this period until your new application is approved.

When it might be Okay to Overstay

While overstaying your visa is serious, there are circumstances where your application to regularise your status might be favourably considered by the Home Office. If you find yourself having overstayed, here are some situations where you might have a stronger case for your application to be accepted:

• Children with UK Residency Rights: If your children are British nationals or have indefinite leave to remain, your connection to them could support your application.
• Visa Extension in Process: If you are currently extending your visa, this demonstrates your intent to stay legally in the UK.
• Applying for Indefinite Leave to Remain: Applications for ILR show a commitment to permanent and lawful residency in the UK.
• Medical Reasons: If you are admitted to the hospital or have significant health issues that prevented you from leaving before your visa expired, these are considered compassionate circumstances. For example: Giving birth, car accident etc.
• Bereavement: The death of a close family member around the time your visa expired can be considered a valid reason for your inability to leave or extend your visa on time.
• COVID-19 Concessions: The UK Home Office issued a special exemption called “exceptional assurance”, for those that were overstayed in the UK between 24 January 2020 to 30 November 2022 due to the COVID-19 pandemic. 

What if My Visa Expires While I’m Waiting for a Home Office Decision?

As we mentioned in the previous section, if your visa expires while you're waiting for a decision on a valid Home Office application—such as a visa renewal, appeal, or judicial review—you will not be considered an overstayer. This is because under Section 3C of the Immigration Act 1971, if you apply for a new visa in the UK before the current visa expires, then the right of your current visa will be automatically extended until the decision is made or the application is withdrawn.

However, it's important to note that Section 3C leave does not apply if your application is deemed invalid. Reasons for this could include not meeting eligibility criteria, failing to pay the required fee, or not providing necessary documents.

Steps to take if I overstay in the UK?

If you overstay your visa in the UK, here are key steps you should follow to address the situation:

1. Seek Legal Advice: Immediately consult with an immigration lawyer to understand your options and the best course of action.
2. Check for ‘Good Reason’: Go through the criteria to see if you are eligible to justify your overstay. If you have a valid reason, it is extremely important that you apply for extenuating circumstances within 14 days of overstay.
3. Gather Documentations: Compile any documents that can support your case, such as medical records, evidence of travel disruptions, or letters from employers. Ensure that all documentation is organised and ready to be presented if needed.
4. Contact the Home Office: Inform the Home Office about your situation if you have a reasonable justification for your overstay. Use any official channels or processes recommended by your lawyer to communicate effectively.
5. Clear Any Medical Debt: If you must leave the UK, make sure that you have cleared any medical payments for the NHS, as this may impact your right to return in the future.
6. Plan Voluntary Departure: If you cannot regularise your status, arrange to leave the UK voluntarily to avoid the harsher consequences of forced removal.