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LS Legal News Bulletin

Consequences of overstaying your UK visa

Consequences of overstaying your UK visa

Tuesday 25th June 2019

In case your UK visa has expired while you are still in the country, you will be out of status and considered to be an "overstayer". It needs to be mentioned that it is not the Home Office's objective to notify or remind visa holders of their visa deadline. It's only the visa holder's personal responsibility to monitor their visa expiry.

People tend to think that people overstay their visa on purpose, but in most cases, it happens to persons unintentionally. Pretty often people become overstayers just by a lack of attention to the extension application deadline. Overstaying any visa is never a good idea which can lead to unlikely consequences.

WHAT HAPPENS IF YOU OVERSTAY YOUR UK VISA?

In case you overstay up to 30 days:

If you left the UK voluntarily and at your own expense, you will be able to make a new application to return to the country.

In case you overstay more than 30 days:

You will be banned from re-entering the UK for up to 10 years. Such a re-entry ban means that you are barred or blocked from re-entering the UK. The ban period depends on the following circumstances:

  • when you leave the UK
  • whether you leave voluntarily or you're deported
  • whether you're able to pay to go back to your home country

*Note: If you don't leave voluntarily within 30 days, you could be deported.
Special case if there is a reasonable explanation as to why you missed the deadline and overstayed.*

If you can prove the reason for your expired visa was something you had no control over, you might still be able to apply for renewal of your visa. You will have to apply and give your reason within 14 days of the date your visa expired.

TIPS TO AVOID OVERSTAYING YOUR UK VISA

  • Put a reminder on your phone and electronic calendar in advance. Take a few minutes - it is totally worth the effort.
  • Ensure that the Home Office has your relevant and correct contact details in case you change any of these.
  • Be sure that you meet all requirements regarding to the extension of your visa. Contact your legal consultant to assist you at least a couple of months before your visa expires. It is important because the solicitor needs enough time to collect the paperwork required in support of the application and to prepare and submit the application before your visa expires.

LS Legal Solicitors may assist you with any type of immigration application. Please contact our firm on +44(0)2081445588, via email on info@LSLegaLUK.com or use the contact box to discuss your matter or make an appointment.