Application for Overstayers in the UK

Guidelines, Immigration Tips

Application for Overstayers UK?

We here this on a regular basis at My Legal Services, based in Woolwich covering the SE18 and WC1V areas of London and the UK. So here is our guide as to how we can help you.

I have overstayed my visa. Can I apply for a UK visa from within the UK?

You must make an application for leave to remain or take steps to leave the UK as soon as possible depending on your situation. We would recommend you take advice immediately from a Solicitor or experienced Immigration adviser.

You can only apply for certain types of visa from within the UK if you do not have leave to remain or have overstayed. These are mainly on asylum grounds due to a risk you face in your home country, or visa applications based on family or private life based on your length of residence in the UK. This will depend on the visa immigration application to be filed to the Home Office. The Home Office will also consider the length of any period of overstaying.


For other types of visa, you must normally leave the UK and return to your home country to make the application. In certain set circumstances, the Home Office will accept an application from within the UK if you apply within 14 days of your previous visa expiring to apply to extend your visa under the Immigration rules in order to stay in the UK.

Also Read: Best Immigration Solicitors Lawyers in Lambeth

Can I be removed from the UK if overstay my visa?

Yes. You can be removed from the UK if you do not have an application pending with the Home Office or an appeal against the refusal of an application outstanding. Normally, the Home Office may ask you to leave within 30 days to leave the country. It is therefore very important to seek advice and/or make an application as soon as possible.

Can I be detained if I overstay my UK visa?


You can be detained if you overstay your visa, subject to certain requirements and exceptions under UK immigration laws. If you do not have any application pending with the Home Office, it is important you to seek legal advice and consider making an application to the Home Office. We also represent client’s that have been detained and have been successful in obtaining their release or granted Bail

Will it impact on any future visa application if I overstay?

It may have an impact on a future visa application if you overstay. It will depend on the reason for the overstay, how long you overstayed and the type of application that you are making. It will be important to address the overstay in any application that you make.

For some types of visa applications made from abroad, if you have overstayed for more than 28 days in the UK, the application will automatically be refused for 12 months. However, this does not apply to all types of UK visa application.

Also Read: Why Do You Require Our Best Immigration Lawyers In Leicester

I have lived in the UK unlawfully for a long time. Is it possible to make a UK visa application in the UK based on long residence?

Overstayers in the UK

You can apply for a UK visa if you are an adult and have lived in the UK continuously for 20 years or over to be issued with grant of leave in the UK.

If you are an adult, you can also apply for a visa if you have lived in the UK for less than 20 years, if there are very significant obstacles for you to be able to integrate in to your home country if you had to return, or if you are aged between 18 and 25 and have spent more than half your life in the UK.

You may also apply if you have children or a partner in the UK, on the basis of your family or private life in the UK.

I am under 18 but have overstayed. Can I apply for a visa based on the time I have spent in the UK?

If you are under 18 and have lived in the UK for 7 years or more, you may be able to apply for limited leave to remain if it is “unreasonable” to expect you to return to your home country. There is a lot of guidance on what is “reasonable” and we would recommend seeking advice about this before submitting an proposed application for leave to remain in the UK. You also have leave to remain in a certain visa category based upon your family or private and therefore it is important you apply to extend your leave before expiry date.

Get in Touch with us Today:

So why not contact My Legal Services today to see how we can help you, you can reach us here.

My Legal Services, Immigration lawyers in London can help you check your eligibility and individuate the correct requirements to make your Overstayer UK application. Call us on 02037 324 736 to speak with one of our qualified Immigration Lawyers and get for immediate help or enquiry online with your situation. We are immigration specialists that care about your personal circumstances and immigration needs.

We employ only the highly trained immigration lawyers to help our clients with their Immigration issues. All of our lawyers and solicitors are trained and qualified to help you with the application, appeal or decision making process in obtaining your visa in the UK.

You can speak at any time with one of our specialists who will be happy to assist you and go over the process for you to obtain your leave to remain in the UK.

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