You can be considered an overstayed uk visa if you stay in the UK after your visa or Home Office permission expires. It is because an unsatisfactory immigration record brought on by overstaying may affect upcoming UK immigration applications.
The Home Office does not notify people when their visas are about to expire. Check your biometric residence permit or search for a stamp or sticker in your passport if you are unsure whether you have an overstayed UK visa.
Our overstayer solicitors respond to frequently asked questions concerning the implications of overstaying your welcome and whether it’s feasible to regularise your immigration status. We also consider the temporary COVID procedures implemented in response to the pandemic-related travel restrictions and application processing interruption.
What happens if you are in the UK when your visa expires?
You will be considered an “overstayer” if your UK visa expires while you are still in the country. The Home Office does not routinely inform or remind visa holders about their expiration dates. Therefore, the visa holder must keep track of their particular visa expiration.
How does overstaying fit into the law?
Section 24 of the Immigration Act of 1971 defines overstaying a visa without a valid reason as a criminal offence. If your visa has run out, you have 30 days to leave the UK at your own expense before you risk being barred from entering again. You could also rely on the 14-day rule.
What is the “with good reason” 14-day rule?
Previously regulations allowed for a 28-day grace period without an explanation. Still, as of November 2016, any degree of flexibility provided by the grace period was repealed and replaced with this tougher “14-day with good reason.”
According to the existing rules, if you apply for a new visa or a renewal of an existing visa within 14 days of the expiration of your prior visa, and you can prove “good reason” for the time of overstaying, the Home Office will dismiss the violation.
What is a “good reason”?
What is regarded as a “good reason” for missing your visa’s expiry date has been outlined by the Home Office. You must be able to prove there were exceptional circumstances and be able to support your claim with evidence.
For example, if you were receiving urgent medical care in a hospital, suffering the loss of a loved one or in some instances an mere oversight.
Forgetting your deadline or overly engaging with work are not acceptable reasons. In addition, you may need to provide evidence to back up your claim.
What happens if your visa runs out while you expect a response to your application?
You can stay in the UK if an application is still being considered while your visa expires. Your immigration status would be unchanged while you wait for your new visa application result if you applied 28 days or earlier before your old visa expired.
Suppose your visa was already expired when you filed your new application. In that case, you will be forced to halt any activities your previous visa permitted (like working) until a decision is reached and a new visa is issued. You will also lose the right to work, access education, and receive benefits.
If your employer knows that your visa has expired and that your fresh application was not submitted “in time,” they risk facing Home Office penalties if they continue to let you work while your application is still pending or until the outcome of an appeal or administrative review.
What if your application for settled status is still pending a decision?
If you applied for pre-settled or settled status before your family permit, residence card, or visa expires, you could stay in the UK as long as your application is valid. While your application is decided, you will not be regarded as an overstayer.
Nonetheless, you would be seen as having overstayed your welcome if you applied for EU settled status after your permit or visa expired.
What happens if you submit your application on time but are denied?
You have 14 days after receiving the refusal to reapply or lodge an appeal if you have been given a in country right of appeal or alternative leave the U.K. if no right of appeal is given.
You will be regarded as an overstayer if you don’t apply within that time or don’t leave.
Overstaying may result in several immigration problems. Although it is usually better to take action within the allowed time frames and before your visa expiry, if you discover that your visa has expired, you must take action immediately to fully grasp your options and submit the necessary application without delay.
Specialists in overstayed UK visa advice, My Legal Services helps people with all kinds of Home Office applications. Contact our overstayer solicitors if you have inquiries about an overstayed UK visa.