Overstaying refers to a situation when someone no longer has permission to be in the UK. This could be as a result of an expired visa or period of leave, or if their visa has been curtailed because the individual no longer meets the requirement of their visa.

The Home Office does not remind individuals of their visa expiry date. If you are unsure if you have overstayed, you should check your biometric residence permit or look for a stamp or sticker in your passport.

Overstaying can create many issues, including negatively affecting your immigration record and impacting any future UK applications.

Overstaying in the UK is a criminal offence, and without leave in the UK, you do not have the right to study or work and you are at risk of detention or removal. You are restricted to rent accommodation, open a bank account, drive and access medical treatment.  

What is overstaying?

The Home Office may consider an individual to be an “overstayer” if their UK immigration status has expired and they remain in the UK without reasonable cause. You will have 30 days to leave the UK voluntarily at your own expense from when your visa expires. Failure to do so may result in you being unable to re-enter the UK in the future on the grounds of being a prior overstayer and hence a person who is unlikely to meet the conditions of any leave granted.

In addition, if you have had your visa curtailed by the Home Office unless you leave by the new earlier date, you will be classed as an overstayer. This might apply, for example, if you held a skilled worker visa but your sponsoring employer lost their sponsorship status. In this case, all workers sponsored by the employer may have their work visas curtailed.

As the Home Office does not remind you of the pending expiry of your visa, it is also important that the visa holder adhere to the requirement to leave the country or make a new application before your visa expires.

Assuming that you do apply for a new UK visa or extend your current UK visa before it expires, then you will not be classed as an overstayer while the application is being processed by the Home Office. If, however, you receive a refusal of your new application, you need to take prompt action. This is because you will have 14 days to make a new application or lodge an appeal.

What are the immigration rules for overstayers in the UK?

Section 24 of the Immigration Act 1971 states that a person who stays in the UK beyond the time of their leave or fails to meet the conditions of their leave may be guilty of an offence punishable by a fine or, in some cases, imprisonment for six months to a maximum of 4 years.

Unless you are using the 14-day “good reason” rule, once your visa has ended, you have 30 days to leave the country.

It is always best to ensure you stay within the boundaries of your visa, which is especially true if you wish to make the UK your home in the long term. While it may be tempting to try and remain in the country after your visa has expired, if you wish to stay in the UK in the future, this period of overstaying will count against you.

What are the valid reasons for overstaying?

Valid reasons for overstaying include where you have:

• Applied for a new visa or another immigration status such as Indefinite Leave to Remain
• Applied to extend your visa
• You have a “good reason”, and you submitted a new application after your visa expired – in this case, you may have a “grace period” of 14 days

The Home Office will disregard a period of overstaying provided that you make a new application within 14 days of your leave expiring and if you have a “good reason” which is beyond your control why you could not apply in time. “Good reasons” for overstaying may include where:

• the applicant was admitted to the hospital for emergency treatment (evidenced by an official letter verifying the dates of admission and discharge and the nature of the treatment)
• a close family bereavement
• an educational institution was not sufficiently prompt in issuing a Confirmation of Acceptance for Studies (CAS)

It is only in the more extreme circumstances that the grace period for overstaying will be provided. Therefore, an overstayer needs to make sure that they have as much evidence to support their reasons as possible.

Unacceptable reasons include forgetting your deadline or being too busy with work or studies.

What to do if you overstayed your UK visa?

If you are currently in the UK as an overstayer, it is important to take immediate action either by regularizing your immigration status within 14 days or leaving the UK within 30 days. It is highly advisable to engage the services of an immigration solicitor who can review your situation and that of your family members and advise on the best course of action.

Your rights and options will depend upon who is with you in the UK. If you are with your family, then you may have more options to remain in the country. You will still have some basic rights, such as being able to take your children to school until they are the age of 16 and being able to use the emergency services, but your options will be limited as you no longer retain the right to live in the country.

What if my visa expires after I’m waiting for a decision on a Home Office application?

You would not be considered an overstayer if your visa expires while you’re awaiting a decision on a Home Office application to remain in the UK, provided the application is valid. This could be a visa application or an application for appeal or a Judicial Review. These circumstances are covered by the Section 3C leave provisions of the Immigration Act 1971, which render the individual’s leave valid until their application is either decided or withdrawn.

However, Section 3C leave may not apply where an application is considered invalid. This could be due to ineligibility under the relevant visa requirements, failure to pay the correct application fee, or failure to submit the correct documentation.

What happens if my visa has been curtailed?

Visas can be curtailed if the visa holder is no longer eligible under that specific route. For example, if a Skilled Worker visa holder’s sponsor loses their sponsor licence and therefore is no longer sponsored, or if a spouse visa holder gets divorced from their British citizen spouse. In response, they would ordinarily issue a curtailment letter, specifying how long the individual can remain lawfully in the UK before they have to leave the country unless they can attain new lawful status.

Staying in the UK for longer than the period of curtailment will mean you are overstaying, which is likely to impact any future UK immigration you make to either remain or return to the UK.

When do you have to leave the UK?

Paragraphs A320 and 320(7B) of the Immigration Rules state that you have to leave the UK voluntarily within 30 days of your visa expiring in the UK.

If you leave the UK voluntarily after the 30-day period, you could be banned from re-entering. The length of the ban will depend upon when you leave the UK, whether you left voluntarily or were deported and whether you have the funds to pay to go back to your country of origin.

If you do not leave voluntarily, you risk enforced removal by deportation.

Will overstaying impact a future UK visa application?

There are long-term consequences for individuals who overstay their visa period in the UK. If you leave the UK voluntarily after the 30-day period, you risk being banned from re-entering the UK for one to ten years. However, if you have left the UK voluntarily within the first 90 days and at your own expense, you may not receive a re-entry ban.

Overstaying your authorized period of leave will be taken into consideration in any future UK immigration applications under general grounds of admissibility. This could have a negative impact on any future applications you make for UK visas; the Home Office may refuse your application on the grounds that you are a high risk of staying illegally in the UK.

If the reasons are seen as deception (deliberately overstayed without good reason), there are significant consequences when trying to re-enter the UK. The onus will be on you to prove you are of good character, especially if you have been previously deported from the UK.

It is always preferable to take action in advance of your visa expiring if you wish to remain in the UK. However, you can also become an overstayer in other ways, such as failing to act quickly after an in-country application is refused, or if your in-country application is rejected as invalid. 

If you do find you are facing an expired visa, you will need to act quickly to understand your options and make the necessary application swiftly. 

ARIS International Lawyers are specialist UK immigration advisers, supporting individuals with all types of Home Office applications. If you have a question about an expired visa, contact us on 0203 865 6219 or leave a message.