Can I Overstay My Visa In Uk
Do you want to extend your UK visa? Or perhaps you’re planning to visit the United Kingdom but are unsure whether or not your passport will allow for a visa or if you need a visa at all. You’ve come to the right place. You’ll find answers to your questions on this page, including:
Can I Overstay My Visa In Uk
You heard the news all the time that you can stay in UK for three months and you get a six month tier to stay, then another tier if you are going to stay forever. But the reality is that, it is not that easy. If you try to overstay visa, you face heavy fines and jail time.
You’ve lived and worked in the UK for a few years now and never thought about applying for a visa to stay longer. However, today your employer has announced that they are downsizing their workforce due to the economic climate. Your boss lets you go (nicely) and offers a few weeks of pay as severance. Inevitably though you’re worried about what will happen when your visa is up in five months? What do you need to do to get another visa? Is it possible that you can overstay your visa and what are the consequences of doing so?
What if you apply in time, but your application is rejected?
Provided you made your application for renewal before your current visa expired, you will have 14 days after receiving the refusal to apply again (if you are permitted to) and in doing so avoid overstaying.
In this instance, the good reason rule will not apply but your new application has to be made within 14 days of the refusal letter. Should you fail to apply within that period, you will then be considered an overstayer.
When do you have to leave the UK?
Paragraphs A320 and 320(7B) of the Immigration Rules state that you have to leave the UK voluntarily within 30 days of your visa expiring in the UK.
If you leave the UK voluntarily after the 30 day period, you could be banned from re-entering. The length of ban will depend upon when you leave the UK, whether you left voluntarily or were deported and whether you have the funds to pay to go back to your country of origin.
If you do not leave voluntarily, you risk enforced removal by deportation.
Will overstaying affect your ability to reenter the UK?
There are long term consequences for individuals who overstay their visa period in the UK. If you leave the UK voluntarily after the 30 day period, you risk being banned from re-entering the UK for one to ten years. However, if you have left the UK voluntarily within the first 90 days and at your own expense, you may not receive a re-entry ban.
Overstaying your authorised period of leave will be taken into consideration in any future UK immigration applications under general grounds of admissibility. This could have a negative impact on any future applications you make for UK visas; the Home Office may refuse your application on the grounds that you are a high risk of staying on illegally in the UK.
If the reasons are seen as deception (deliberately overstayed without good reason), there are significant consequences when trying to re-enter the UK. The onus will be on you to prove you are of good character, especially if you have been previously deported from the UK.
Consequences of overstaying your visa
Should you not be able to prove that you have good reason for applying after your visa has expired you may face some serious consequences. The 14 day grace period does not give you much time to prepare your good reason, so it is important to act swiftly and seek legal counsel.
You will not be able to get your visa renewed if you have already exceeded the 14 day limit.
It is a criminal offence to overstay your visa without good reason. You will not be lawfully allowed to work, and if caught doing so, could face a prison sentence. Proposed changes to the rules on overstaying in 2022 are set to increase the maximum prison sentence from six months to four years for knowingly overstaying in the UK.
If your period of overstay exceeds the 90 day limit, you will more than likely face an exclusion on re-entering the UK for at least one year.
Do you have any rights as an overstayer?
Your rights are necessarily restricted if you become an overstayer. You will still be able to use the emergency services in the UK, police, fire brigade and ambulance. You will also still be able to access essential healthcare treatment, including ante-natal support.
If you have children under the age of 16, they may still attend school during the period you remain in the country after your visa expires.
Need assistance?
Overstaying risks a number of immigration issues. While it is always preferable to act within the timescales and in advance of your visa expiring, if you do find you are facing an expired visa, you will need to act quickly to understand your options and make the necessary application swiftly.
DavidsonMorris are specialist UK immigration advisers, supporting individuals with all types of Home Office applications. If you have a question about an expired visa, contact us.