Overstayers in the UK

Who is an Overstayer?

An Overstayer is someone who arrived in the UK with valid leave to remain in the UK and then subsequently remained and overstayed in the UK. This is usually the case when someone may have arrived to the UK many years ago on a visitor visa or overstayed in a different visa category or did not enter the UK with a visa.  If you have stayed beyond the expiry of your leave, this means you have overstayed or are an illegal entrant.

Is an Overstayer entitled to regularise stay in the UK?

The simple answer is Yes. There are several situations where someone may have been in the UK for many years and during this time they have met someone or established private life or family life or have children, are accustomed to the British way of life or there are change of circumstances since leaving their home country and therefore are integrated into the British society or have lost family, social or cultural ties. If this applies to you, then you have a right to apply to regularise your status in the UK. 

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What are the grounds to remain in the UK and submit an application to the Home Office?

The Home Office must be satisfied you fulfil one or more of the following grounds:

  • You have lived in the UK country for many years
  • You are in a relationship and have established family life
  • You have a child or children in the UK
  • You have worked in the UK and made tax contributions
  • You have family and friends in the UK
  • You have lost ties back in your Home country
  • You are unable to return back to your home country due to change of circumstances

Is there a visa Home Office fee?

Yes you will need to pay the Home Office application fee

Do I need to pay the Immigration Health Surcharge?

You will be required to pay the Government NHS Surcharge, which is a separate fee and currently £1,560 for the length of your visa.

Which documents are required for me to apply to regularise my stay in the UK?

Depending on your circumstances, you will be required to provide documentary evidence in support of your application. The Home Office will consider your documents and it is important you get the right legal advice to show you meet the relevant criteria to increase your application being granted.

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Ali
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Mr Singh has been incredibly helpful and supportive throughout my visa application. His prompt availability and quick responses to my queries has further helped me gather my thoughts and be more organisers throughout my experience with the home office.
Jasjeet Kaur
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Sukhdev is very well-versed in his area and and has always been very helpful. Throughout he listened to us, advised us, guided us, and provided us with what we sought. Highly recommended, and thank you.
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Had a great experience with Mr Sukhdev Singh. He is very experienced and confident adviser and immigration lawyer.
I will highly recommend him and his firm. He will take all the stress away form you and make sure the paperwork is done the right way.
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How long will is my visa granted for?

If your application is successful, the Home Office will grant you leave to remain in the UK for a period of 2.5 years. After a certain period of time, your visa can lead to indefinite leave to remain and also British nationality.

Can I regularise my stay if I have children?

You will be entitled to regularise your stay in the UK, if you have children – if they are British or have leave to remain or if you can show it would be unreasonable for them to return back and were born in the UK and have lived in the UK.

How long do I need to have lived in the UK?

You may be eligible to apply if you have lived in the UK for less than 20 years on the basis of private life. You can also apply if have lived in the UK for at least 20 years. If both cases, you will need to show that you have no ties in your home country

How can we help?

Our Friendly Team of Immigration solicitors are experts in dealing with your application for regularise your Immigration status in the UK. We will help you every step of the way and deal with any concerns or questions from the outset you may have or what you need to do for your application for leave to remain in the UK to the Home Office.

Once instructed, please feel assured we will include the following:

If you have any question regarding your application as a Overstayer, Call us Today
For Further Information, kindly contact one of Immigration Solicitors in London on 0203 7324736 or complete the contact form or email us. Thank you