These changes were enforced on 6 April The nature of these changes causes some concern given that the period of time has become much shorter. People may not have enough time to wind up their affairs in the UK before a departure. Regardless of the reason, the Home Office will impose a month re-entry ban on those who have breached the time limit. If you have overstayed your visa, but plan to leave the UK voluntarily, you should write to the Home Office and indicate your intention to leave as soon as possible.
While it is always preferable to act within the timescales and in advance of your visa expiring, 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. DavidsonMorris 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. You will need to make an application to regularise your stay within 14 days, providing good reason for the delay. Otherwise, you have 30 days to leave the country from the date the visa expired or you risk being deported. Yes, it is a criminal offence to knowingly remain beyond the expiry date of your visa. However, you may be able to apply to regularise your status if you make a new application within 14 days of expiry.
Yes, you may be removed from the UK if you do not have an application pending and have not left the UK 30 days after the visa expires. By submitting, you agree to our Privacy Policy. London Cambridge Aberdeen Manchester Birmingham.
Call Anne Morris. Coronavirus overstay concessions UK visa services are considered an essential public service. What is the legal position on overstaying? Unacceptable reasons include forgetting your deadline or being too busy with work or studies.
What if your visa expires while awaiting a decision on your application? What if you apply in time, but your application is rejected? When do you have to leave the UK?
If you do not leave voluntarily, you risk enforced removal by deportation. Will overstaying affect your ability to reenter the UK?
Consequences of overstaying your visa Should you not be able to prove that you have good reason for applying after your visa has expired you may face some serious consequences. You will not be able to get your visa renewed if you have already exceeded the 14 day limit.
Do you have any rights as an overstayer? Need assistance? Is it a criminal offence to overstay your visa? Can you be deported for overstaying your visa? Overstaying is a criminal offence. You will need to state on each future UK visa application that you overstayed your leave.
This could seriously affect future applications to the UK and other countries. In the case of a refusal or reasons beyond your control, you will be permitted to submit an application up to 14 days after your permission to stay has expired.
If your visa has been refused, please come to see the Student Immigration Service which can advise you about when your permission to stay expires. All this came as a considerable shock. Little did she know that section 3C does not extend leave where a person makes a citizenship application instead of an application for further leave to remain. Christina is now in the UK unlawfully. As with Agnes, the legally correct thing to do would be for Christina to depart from the UK and to apply for fresh entry clearance from abroad.
She will need somewhere to live in her home country, to separate from her husband for an indeterminate period of time, to risk refusal due to having previously overstayed, to pay a lot of money in fees, and to start back on year zero of her five-year path to ILR. The applicant must be in the UK with valid leave to remain as a partner under this Appendix except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded.
Because a citizenship application is not an application for leave to remain, however, it does not generate 3C leave and does not fall within the ambit of paragraph 39E. For example, had Christina made a completely unmeritorious and destined-to-fail application for ILR as an exceptionally talented astronaut despite having no astronomical talents prior to expiry of leave, and had that been refused at any time after expiry of her leave, she would be permitted to make a new application within 14 days under paragraph 39E.
You can see the problem here. If this all sounds very snakes and ladders, well, it is. And the rules are designed to ensure that all errors result in landing on that big fat snake that takes you all the way back to the start of the board.
We have decided to try an ILR application anyway within 14 days of expiry of leave and refusal of the citizenship application , pleading good reason and, failing that, seeking discretion.
We await a decision. You can email John with professional enquiries at john. Sorry, the details you entered weren't correct, please try again. Or become a member of Free Movement today Join. Credit: Claudia on Unsplash. Page contents Bob Agnes Matilda Christina. Need affordable legal advice? Arrange a video chat at a time that suits you. No commitment, no risk. View Now. Tags: overstayers. Relevant articles chosen for you Immigration checks within the Common Travel Area Coronavirus and the UK immigration system How electronic travel authorisations could harden the Irish border New First-tier Tribunal judges named.
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