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.

What happens to overstayer in the UK and are they entitled to regularise their stay?

The simple answer is Yes. A overstayer in the UK is entitled to reguarlise their stay in the UK and make an application to the Home Office. 

There are several situations where someone may have been in the UK and overstayed for many years and during this time have met someone or established private life or family life or have children in the UK. 

During this time they have now become accustomed to the British way of life or there are change of circumstances since leaving their home country or may have lost family, social or cultural ties. If this applies to you, then the applicant has the right to apply to regularise status in the UK. He/she and any dependants should come forward for a application to the Home Office for leave to remain 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 of £1,048 plus £19.20 towards your biometric fingerprints. This fee applies to each applicant.

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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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:

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Our Top Overstayers in the UK FAQ’S

If you already hold a visa in the UK or Home Office permission has expired, you may be considered as an overstayer.

The right to marry is covered pursuant to Article 12 of the ECHR. You would require a certified copy of your passport or a valid passport in order to give Notice to get married in the UK. You would also need to demonstrate that you are in a genuine and subsisting relationship your partner or civil partner.

If your application has been refused or appeal right has come to an end, resulting in you overstaying you would need to leave voluntarily within 30 days (sometimes shorter) or you could be deported. If you leave after 30 days you can face a re-entry ban between 1 to 10 years.

This depends on the nature of the application that is being made. It is important you seek advice before submitting an application for leave to remain as a Overstayer.

At present there are no plans for the UK Government to introduce a amnesty in the UK for overstayers.

The rules were changed on 9th July 2012, previously if you had lived in the UK for 14 years you could apply for indefinite leave to remain in the UK. However, if you have lived in the UK for 20 continuous years then you can apply for leave to remain in the UK. You may also apply based on your private life if you have lived in the UK for less than 20 years.

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