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Overstaying in the UK

By 16th November 2022 No Comments

UK Immigration: Are you an overstayer?

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Overstaying in the UK, Rural England

This article explains the term Overstaying in the UK for those seeking UK immigration services.

You are an overstayer if you continue to reside in the UK after your visa or recent leave has expired. At this point, you are breaching immigration rules as you do not have a legal right to be in the country. Additionally, this can permanently affect your record and cause issues in the future.  For instance, if you ever try to come back into the UK on another visa. It is always best to avoid overstaying in the UK if at all possible.

Will I get a reminder that my visa is expiring?

You will not receive a reminder to leave the country before your visa expiry date. Therefore, the onus is on you to make sure that you are abiding by UK immigration rules.  This means leaving the country so as not to have an overstayer classification.  Second, if you overstay, the UK government can ban you from re-entering the country. Consequently, this is important.

Is there a grace period?

Yes, in fact, you do have a 28-day grace period before you are banned for re-entry into the UK. In this situation, the Home Office will allow you to continue to stay in the UK. Nevertheless, you must show that you have applied for a new visa or renewal of your visa 14 days before your current visa has expired. Provided you are within these 14 days, you can continue in the UK to await the decision on your visa application. The Home Office can often change the rules though, so do keep in touch with your immigration advisor,

For more information:

If you are overstaying in the UK or you believe you are at risk of overstaying, please contact Leena Chouhan on 0207 427 5972 for more information on what you can do to avoid being banned from re-entering the UK.  Leena is Head of Immigration at Taylor Hampton Solicitors in London. During her career, Leena gained many years’ experience in assisting visa applicants with difficult cases.

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