Good News for Overstayers in UK! What? Well, If your visa or Home Office permission has expired, you may be classed as an overstayer in the UK. While this can affect your immigration record, the good news is that there are options available to alter your status. In many cases, you may still have a chance to apply for an extension, switch to another visa category, or submit a late application with a valid reason to overstay in the UK. Seeking legal advice quickly can help you explore solutions and avoid complications like detention or removal from the UK.

What is overstaying?

Overstaying happens when someone stays in the UK after their visa or permission to remain has expired. This could be because their visa ran out, their leave was curtailed, or they no longer meet the visa requirements for example, in the case of a spouse visa holder who gets divorced.

Moreover, a person can also be classed as an overstayer if they obtained their visa through fraud, used false documents, or failed to disclose important details, such as a criminal record, which could have led to a refusal.

The Law on Overstaying in the UK

Overstaying your visa in the UK is quite a serious matter. It’s actually a criminal offence under Section 24 of the Immigration Act 1971. If you stay beyond your visa without a valid reason, you could face fines, imprisonment, or even both. Plus, it can make it much harder for you to return to the UK in the future.

Then, once your visa expires, the Home Office expects you to leave immediately and at your own expense. The rules have become stricter over the years but there used to be a 30-day grace period, but that’s no longer the case for anyone now. If you don’t leave as soon as your visa expires, you could face penalties, including a ban on re-entering the UK, depending on how long you overstayed in the UK. But fear not, as an overstay visa attorney or an overstay visa solicitor can assist you properly in this matter.

Consequences of Overstaying

Overstaying in the UK is actually a criminal offence under Section 24 of the Immigration Act 1971. If your visa expires and you don’t leave right away or apply for an extension, you’re considered in breach of immigration laws, which can lead to serious consequences, including:

• Impact on Future Applications: Overstaying can make it much harder to get future UK visas as you could face re-entry bans or have your applications refused.
• Loss of Access to Services: Many essential services, such as NHS healthcare and housing support, may no longer be available.
• Enforcement Action: The Home Office can take legal action, including detention, forced removal, and even fines.

Previously, under Section 24, overstaying in the UK without reasonable cause could result in fines or up to six months in prison. The Nationality and Borders Act 2022 introduced harsher penalties for immigration offences, increasing sentences for illegal entry from six months to four years. However, overstaying a visa without cause still carries a maximum sentence of six months, and nobody wants that.

The UK has tightened its immigration rules, so it’s quite important to seek legal advice before your visa expires. Taking timely action through an overstay visa solicitor can help avoid unnecessary legal trouble and protect your future immigration prospects.

What Happens If My Visa Expires While I’m Still Waiting for a Decision?

If you applied for a new visa or an extension before your current visa expires, don’t worry because you’re allowed to stay in the UK while you wait for a decision from the Home Office. As long as your application is valid, you won’t be considered an overstayer.

Here’s what that means:

• If your application meets all the immigration rules, your status remains legal while the Home Office processes it.
• This applies to multiple applications, like visa renewals, EU Settlement Scheme cases, or even appeals and Judicial Reviews.
• Section 3C of the Immigration Act 1971 protects you, meaning your existing visa remains valid until you get a decision or withdraw your application.

But there’s a silver lining: if your application is invalid, Section 3C doesn’t apply. This can happen if you don’t meet the visa requirements or fail to pay the correct fee. That’s why it’s important to check everything carefully before submitting your application to avoid any further issues.

What Makes an Application Valid?

To make sure your application is valid, you need to meet the Home Office’s requirements. That usually means:

• Submitting your application before your current visa expires.
• Paying the correct fees.
• Providing all the necessary documents and evidence.

If you’ve done all this and your application is valid, you’ll still have lawful status while you wait for a decision, even if your visa expires in the meantime.

What Happens If My Visa Expires While I’m in the UK?

If your visa has expired and you’re still in the UK, you’re officially an “overstayer.” This means you no longer have valid immigration status and are in breach of UK immigration laws. Overstaying can lead to serious issues, so it’s important to act pretty fast. Get legal advice as soon as possible to understand your options and how this could affect your future applications.

Moreover, keep in mind that the Home Office won’t remind you when your visa is about to expire, so it’s your responsibility to keep track and take action in time. That means applying for an extension, switching to another visa, or leaving the UK before it runs out. Ignoring this can lead to major legal and immigration problems.

In some situations, the Home Office might consider a late application, but only under strict conditions.

The 14-Day ‘With Good Reason’ Overstay Rule

If you’ve overstayed your visa, there’s a small window where the Home Office might accept a late application, but only if you have a strong reason. This “14-day rule” allows for a brief grace period, but it’s pretty strict, and the Home Office is becoming less tolerant of any overstaying without solid proof of exceptional circumstances.

To qualify, you must apply for leave to remain within 14 days of your visa expiring and show a valid reason for missing the deadline. This rule replaced the older 28-day grace period, which was removed in 2016 to tighten up the immigration policies.

The Home Office has also shared what might count as a “good reason,” but you’ll need to provide solid evidence. Some valid reasons include:

• Medical Emergencies
• Bereavement
• Delays Beyond Your Control
• Other Exceptional Circumstances

However, simply forgetting your visa expiry date, being too busy, or failing to prepare in advance won’t be really accepted. If you need to rely on this rule, make sure your application is well-documented and submitted within 14 days.

When Can the Home Office Refuse Your Application?

The Home Office can refuse your application under certain conditions, including:

1. Overstaying for More Than 14 Days (Even with a ‘Good Reason’)

If you overstayed your visa by more than 14 days before applying for a new one, your application may be rejected. While the 14-day rule provides some flexibility for exceptional cases, it’s strictly limited because acceptable reasons might include:

• Serious illness requiring hospital treatment.
• Bereavement of a close family member.
• Delays in receiving necessary supporting documents.

Even with a valid excuse, you can’t exceed the 14-day limit, and you must provide strong evidence to back up your claim.

2. Overstaying Without a ‘Good Reason’

If you overstayed and don’t have a “good” reason, your application is likely to be refused. Unacceptable excuses include:

• Forgetting your visa expiry date.
• Being too busy with work or studies to apply on time.

So make sure you apply on time and have all the necessary documents ready.

What Happens If Your Visa Is Curtailed?

Visa curtailment means the Home Office has shortened your visa, ending your permission to stay in the UK earlier than expected. This usually happens due to changes in circumstances, breaches of visa conditions, or other genuine reasons.

For example, if a Skilled Worker visa holder’s employer loses their sponsor license or a spouse visa holder divorces their British partner, their visa may be shortened. In such cases, the Home Office must be informed.

If your visa is curtailed, you’ll receive a letter or email explaining the reason, your new visa expiry date, and your next steps. You’ll usually get 60 days to either leave the UK or apply for a new visa unless your curtailment is due to fraud or serious non-compliance. Staying beyond this period would make you an overstayer, which will effectively affect your future visa applications.

What If You Apply in Time, But Your Application Gets Rejected?

If you submitted your visa application before your current visa expired but got refused, you usually have 14 days from the refusal date to submit a new application that too if eligible.

Unlike overstaying cases, the 14-day rule for refusals doesn’t require a “good reason” for reapplying after your visa expires. As long as your new application is submitted within this window, you won’t be classed as an overstayer.

However, if you miss this 14-day deadline, you will be considered an overstayer, losing your lawful status in the UK.

Do You Have Any Rights as an Overstayer?

As an overstayer, your rights become quite limited. You lose the right to work, claim most public benefits, or even rent property (since landlords always check immigration status). However, some rights remain:

• Emergency Services: You can still call the police, fire brigade, and ambulance services.
• Healthcare Access: Emergency treatment and maternity care remain available, but non-emergency NHS care may be chargeable. Unpaid bills could affect future visa applications.
• Children’s Education: If your child is under 16 (or 18 in full-time education), they can continue attending school.

Overstaying has serious consequences, so if you’re at risk, it’s important to act quickly and seek legal advice.

So Is Being an Overstayer in the UK a Criminal Offense?

Yes, overstaying in the UK is a legal offence under Section 24 of the Immigration Act 1971, as mentioned before, but it is not always treated as a criminal matter. Simply remaining in the UK after your visa expires can lead to serious immigration consequences, including bans on future applications and removal from the country. However, it only becomes a criminal offence if deception or fraud is involved, such as using false documents or knowingly misrepresenting your status. The Home Office takes strict action against overstaying, so it’s important to take action before your visa expires to avoid legal and immigration penalties.

Need Assistance?

Now you know that overstaying your visa can lead to serious immigration issues. While it’s always best to apply before your visa expires, if you’ve overstayed, you need to act fast. Delaying could put you at risk of legal consequences, including re-entry bans and a negative impact on future applications.

But at Farani Taylor Solicitors, we completely understand how stressful this situation can be. As one of the best law firms in London, our overstay visa attorneys and overstay visa solicitors can guide you through your options and help you take the right steps. Get in touch today to protect your immigration status and get a chance to freely stay in the UK.