Overstaying in the UK (Expired Visa Rules)

If you remain in the UK after your visa or Home Office permission has expired, you may be considered an overstayer. Overstaying can create many issues, including negatively affecting your immigration record and impacting any future UK applications. You could also be detained and deported.

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.

The rules on overstaying were revised in 2023 to give more powers to authorities to take action against overstayers.  make it easier for the authorities to identify and remove those who are in breach of their visa. The changes include the introduction of more tech-savvy tracking database systems, which keep more robust records of all those who have entered the country and overstayed their visa rights. Additionally, new powers have been granted to immigration officers to detain those found to be in breach of these rules.

We answer some frequently asked questions about the impact of overstaying and if it is possible to regularise your immigration status and regain lawful status.

 

What is overstaying?

 

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, such as getting divorced if you have a spouse visa.

You may also be considered an overstayer if you obtained your visa through fraudulent means or by using false documents, or you failed to disclose information that could have resulted in your visa being refused, such as a criminal record.

 

The law on overstaying in the UK

 

It is a criminal offence under section 24 of the Immigration Act 1971 to overstay your visa without reasonable cause. The penalties for this include fines, imprisonment, or both, and such actions may also adversely affect your ability to return to the UK in the future.

If your visa has expired, the Home Office expects you to leave the UK immediately, voluntarily and at your own expense upon visa expiry.

Under the current rules, there is reduced tolerance for any period of overstaying compared with previous rules; for example, the previous 30-day ‘grace period’ (for overstaying that began on or after 6 April 2017 which meant that if an individual left the UK voluntarily within 30 days of their leave expiring, they could avoid a re-entry ban) has been effectively removed, and individuals are expected to leave the UK as soon as their visa expires to avoid penalties.

Failure to depart promptly may result in bans on future re-entry to the UK, depending on the length of the overstay.

 

Consequences of overstaying

 

Overstaying in the UK is a criminal offence under Section 24 of the Immigration Act 1971. As an overstayer, you are considered to be in breach of immigration laws, which can have far-reaching consequences. These may include:

 

• Impact on Future Applications: Overstaying can severely affect your ability to apply for visas in the future, as it may lead to re-entry bans or outright refusals of subsequent applications.
• Loss of Access to Services: Overstayers often lose access to critical services, such as healthcare under the National Health Service (NHS) or housing support.
• Enforcement Action: The Home Office has the authority to take enforcement actions against overstayers. This can include detention, removal from the UK, and further legal penalties.

 

Historically, under section 24, knowingly overstaying your visa without reasonable cause was punishable by a fine or imprisonment for up to six months. Subsequent legislative changes, particularly the Nationality and Borders Act 2022, have introduced stricter penalties for certain immigration offences. Notably, the Act increased the maximum sentence for offences such as knowingly entering the UK without leave from six months to up to four years’ imprisonment. However, it’s important to note that the specific penalty for overstaying a visa without reasonable cause has not been increased to four years. The maximum penalty for this offence remains at six months’ imprisonment. The increased penalties apply to other immigration offences, such as illegal entry or arrival without valid entry clearance.

In any event, the spirit of the legislation and UK policy has become stricter in regard to overstaying and individuals are advised to take advice and action in advance of their leave expiring to avoid potential issues.

 

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

 

If you submitted an application for a new visa or an extension before your existing visa expired, you are permitted to remain in the UK while awaiting a decision from the Home Office. During this period, you will not be considered an overstayer, provided your application meets the criteria for validity under immigration rules.

This means that, provided your application is valid, you would not usually be considered an overstayer if your visa expires while you’re awaiting a decision on a Home Office application to remain in the UK. Examples of eligible applications could include visa applications, EU settlement scheme applications, or an application for appeal or 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 would not apply if your application is considered invalid. This could be due to ineligibility under the relevant visa requirements (such as failing to meet the salary requirement for a Skilled Worker visa application) or failure to pay the correct application fee. This makes it essential to ensure that your application is comprehensive and correct before submitting, to avoid potential exposure to overstaying.

 

What Makes an Application Valid?

 

For your application to be valid, it must comply with the requirements set by the Home Office, which typically include:

 

• Submission of the application before your current visa expiry date.
• Payment of the correct fees.
• Provision of all required documents and evidence.

 

If your application is deemed valid, your lawful status continues until the Home Office makes a decision, even if your visa expires while the application is being processed.

 

What happens if my visa expires while I’m in the UK?

 

If your UK visa has expired while you are still in the country, you will be classified as an “overstayer.” This means that you no longer hold valid immigration status and are in breach of UK immigration laws. Being an overstayer can have severe legal and practical consequences, and it is crucial to act quickly to address the situation. Take advice as soon as possible to understand your position and options, and the implications of your current status on future immigration applications.

The Home Office does not routinely notify or remind visa holders of the expiry dates of their visas. It is solely the responsibility of the visa holder to monitor their visa’s validity and ensure compliance with its terms. This includes taking timely action to either apply for an extension, switch to a different visa category, or leave the UK before the visa expires. Failure to do so can result in significant legal and immigration repercussions.

In some cases, the Home Office may consider applications made after your visa has expired, but only under strict conditions.

 

14-day ‘with good reason’ overstay rule

 

The so-called “14-day rule” allows for a brief grace period during which overstaying may be excused if there were exceptional circumstances beyond your control that caused you to miss the deadline for applying for further leave before your visa expired. However, this rule is highly restrictive, and the Home Office increasingly shows less tolerance for any period of overstaying without strong justification.

Under the current rules, the Home Office may disregard a period of overstaying if you make a late application for leave to remain within 14 days of your visa expiry and can demonstrate a “good reason” for the delay. This rule replaced the previous 28-day grace period, which was abolished in November 2016 as part of a stricter immigration policy.

The Home Office has provided outline guidance on what constitutes acceptable ‘good reason’ for missing your visa expiry deadline. You must be able to demonstrate that there were exceptional circumstances and be able to provide evidence to back up your claim.

Examples of potentially acceptable good reasons include:

 

• Medical Emergencies: If you were receiving emergency treatment in a hospital, you must provide an official letter from the hospital confirming the dates of admission and discharge, along with details of the treatment.
• Bereavement: The death of a close family member may be considered a valid reason if supported by a death certificate and evidence of your relationship.
• Delays Beyond Your Control: For example, if you were waiting for a decision from an educational institution on acceptance to study, you must provide evidence such as correspondence from the institution.
• Other Exceptional Circumstances: Any other event that could not reasonably have been foreseen or controlled, provided sufficient supporting evidence is included.

 

You would need to support your reason with evidence. A hospital stay for example would require an official letter that states the date of admission and discharge as well as what you were treated for. This must be submitted with your application within the 14 day period.

Unacceptable reasons include forgetting your deadline, being too busy with work or studies or failing to prepare an application in advance.

 

When can the Home Office refuse your application?

 

Your application may be refused under certain circumstances, including:

 

Overstaying for longer than 14 days (even with a ‘good reason’)

 

If you overstayed your previous visa by more than 14 days before applying for a new one, the Home Office may refuse your application. While the “14-day rule” allows for some leniency in cases of exceptional circumstances, this is strictly limited. Examples of acceptable reasons might include:

 

• Serious illness requiring hospitalisation.
• Bereavement of a close family member.
• Delays in receiving critical supporting documents.

 

However, even with a valid reason, the delay cannot exceed 14 days, and you must provide evidence to support your claim.

 

Overstaying without a ‘good reason’

 

If you overstayed your previous visa and do not have a legitimate or exceptional reason for doing so, your application will likely be refused. Commonly cited but unacceptable reasons include:

 

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

 

 

 

What happens if my visa has been curtailed?

 

A curtailed visa refers to a visa or leave to remain in the UK that has been shortened by the Home Office resulting from changes in circumstances, non-compliance or other reasons deemed valid by the Home Office. This means that the original expiry date of your visa is brought forward, and your permission to stay in the UK ends earlier than initially granted. Visa curtailment usually occurs when specific conditions tied to your visa are no longer met or when you breach the terms of your visa.

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, of if a spouse visa holder gets divorced from their British citizen spouse. In such instances, the Home Office must be made aware of the change in circumstances.

If your visa is curtailed, the Home Office will send you a notification letter or email detailing the reason for curtailment, the new expiry date of your visa or leave to remain and your options for leaving the UK or applying for a new visa. The notice typically gives you a grace period to either leave the UK or submit a new visa application if eligible. This grace period is usually 60 days unless your visa is curtailed for reasons such as fraud or serious non-compliance.

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.

 

What if you apply in time, but your application is rejected?

 

Provided your initial application was submitted before your visa expired, you will typically have 14 calendar days from the date of the refusal decision to make a new application (if eligible). By submitting a valid new application within this 14-day period, you can avoid being classified as an overstayer, as long as the Home Office accepts the new application for processing.

In cases where you applied in time but your application was refused, the good reason rule does not apply. This means that you are not required to justify why the new application is being made after your visa expiry, provided you meet the 14-day deadline. However, if you fail to apply within this 14-day period, you will then be considered an overstayer.

If you do not submit a new application within the 14-day grace period following your refusal, you will lose your lawful status in the UK and will be classified as an overstayer and in breach of UK immigration laws.

 

Impact on future UK immigration applications & re-entry

 

Overstaying your authorised period of leave will be considered under the general grounds of admissibility in any future UK immigration applications. This means that overstaying may result in your applications being refused, as the Home Office could view you as a high risk for overstaying again. Even if you do not face a formal re-entry ban, your immigration history may significantly impact the decision-making process.

If your overstay is linked to deception or deliberate non-compliance, the consequences are more severe. For instance, if the Home Office determines that you knowingly overstayed without a valid reason or engaged in fraudulent behaviour, it may lead to a mandatory refusal of your application under immigration rules.

If you leave the UK voluntarily after the 30-day period allowed for voluntary departure, you may face a re-entry ban ranging from one to ten years, depending on the length and circumstances of your overstay. However, if you leave the UK voluntarily within the 30-day period and at your own expense, you can typically avoid a re-entry ban, though overstaying may still negatively impact future visa applications.

For individuals who overstayed without good reason, the burden of proof will fall on them to demonstrate that they are of good character and pose no risk of non-compliance in the future. This is especially true for those who have previously been deported or removed from the UK. In such cases, the Home Office will scrutinise your circumstances and any new visa applications closely.

 

Do you have any rights as an overstayer?

 

If you become an overstayer in the UK, your rights are significantly restricted. Overstaying means you no longer have valid immigration status. You lose the right to work or claim most public benefits, which can lead to financial hardship. Your access to housing may also be restricted, as landlords are required to check the immigration status of tenants under the right to rent scheme. However, there are certain essential rights that remain available:

 

• Access to Emergency Services: As an overstayer, you can still access the UK’s emergency services, including the police, fire brigade, and ambulance services. These services are available to everyone in the UK, regardless of immigration status.
• Healthcare Access: Overstayers are entitled to receive essential and urgent healthcare, including emergency medical treatment and maternity care (such as antenatal, childbirth, and postnatal support). However, non-emergency healthcare may be subject to NHS charges, and unpaid bills exceeding a certain amount can affect future immigration applications.
• Children’s Education: If you have children under the age of 16 (or under 18 if they are in full-time education), they are still entitled to attend school in the UK during the period you remain in the country after your visa has expired. The right to education is protected for all children in the UK, regardless of their parents’ immigration status.

 

 

Need assistance?

 

Overstaying risks a number of immigration issues. 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.

It is essential to seek legal advice immediately if you find yourself in a situation where you have overstayed your visa or are at risk of doing so. Prompt action and compliance with immigration regulations may help mitigate the consequences, which might otherwise include criminal charges, re-entry bans, and long-term implications for your immigration record. Always consult official government resources or a qualified immigration advisor to ensure you are acting in accordance with the latest laws and policies.

DavidsonMorris are specialist UK immigration advisors, supporting individuals with all types of Home Office applications. If you have a question about an expired visa, contact us.

 

Overstaying in the UK FAQs

 

What is an overstayer?

An overstayer is someone who remains in the UK after their visa or leave to remain has expired and who has not obtained further legal permission to stay.

 

Can overstayers apply for a new visa?

In some cases, overstayers can apply for a new visa, but they must usually do so within 14 days of their visa expiry and provide a valid reason for the delay. If more than 14 days have passed, the chances of a successful application are significantly reduced.

 

Will overstaying lead to a re-entry ban?

Overstaying can result in a re-entry ban, especially if you leave the UK voluntarily after the 30-day grace period or are removed by the Home Office. The length of the ban can range from one to ten years, depending on the circumstances.

 

Do overstayers have access to healthcare?

Overstayers can access emergency healthcare and essential treatments, including antenatal, childbirth, and postnatal care. However, non-urgent treatments may incur NHS charges, and unpaid bills could affect future immigration applications.

 

Can my children continue to attend school if I overstay?

Children under the age of 16 (or under 18 if in full-time education) can continue attending school regardless of their parents’ immigration status.

 

Can overstayers work in the UK?

No, overstayers are not legally allowed to work in the UK. Working without authorisation is a breach of immigration laws and can lead to enforcement action.

 

Will overstaying affect future visa applications?

Overstaying can negatively impact future visa applications. The Home Office may consider you a higher risk for future non-compliance, and this can result in application refusals or additional scrutiny.

 

What should I do if I become an overstayer?

Seek legal advice immediately to understand your options. You may be able to regularise your status or arrange for voluntary departure to minimise the impact on your immigration record.

 

What is the 14-day rule?

The 14-day rule allows individuals to apply for a visa within 14 days of their visa expiry, provided they have a valid, ‘good’ reason for the delay. Applications made outside this period are unlikely to be accepted unless exceptional circumstances are demonstrated.

 

Is overstaying considered a criminal offence?

Yes, knowingly overstaying without a valid reason is a criminal offence under Section 24 of the Immigration Act 1971. This can lead to fines, imprisonment, or further immigration penalties.

 

How can I avoid overstaying?

Monitor your visa expiry date carefully and take action well in advance. If you need to apply for an extension or switch to a new visa, submit your application before your current visa expires.

 

Glossary

 

Term	Definition
Overstayer	A person who remains in the UK after their visa or leave to remain has expired without obtaining further legal permission to stay.
Visa Expiry	The date on which a visa holder’s permission to remain in the UK ends, as specified on their visa or Biometric Residence Permit (BRP).
Leave to Remain	Permission granted by the UK Home Office to stay in the country for a specified period under certain conditions.
14-Day Rule	A provision allowing individuals to apply for a new visa or extension within 14 days of their previous visa expiry if they can demonstrate valid reasons.
Re-entry Ban	A prohibition on returning to the UK for a specified period (usually 1 to 10 years) as a penalty for overstaying or breaching immigration rules.
Voluntary Departure	Leaving the UK willingly at one’s own expense after a visa has expired, potentially reducing penalties or avoiding a re-entry ban.
General Grounds of Admissibility	Criteria the Home Office uses to assess an applicant’s suitability for entry or stay in the UK, including factors like previous overstaying or criminal history.
Essential Healthcare	Urgent and necessary medical care, including emergency treatment and maternity services, available to individuals regardless of immigration status.
Right to Rent	A legal requirement for landlords to check the immigration status of tenants to ensure they have the right to rent property in the UK.
Deception	Deliberately providing false information, using fraudulent documents, or failing to disclose relevant facts in an immigration application.
Visa Curtailment	The process by which the Home Office shortens the validity of a visa, typically due to changes in circumstances or breaches of visa conditions.
Good Reason	A valid and exceptional explanation for missing a visa expiry deadline, such as medical emergencies or bereavement, supported by evidence.
NHS Charges	Costs associated with non-urgent healthcare services provided to individuals not eligible for free treatment under the National Health Service.
Immigration Detention	The practice of holding individuals in custody while they await removal from the UK or resolution of their immigration status.

 

Additional Resources

 

UK Home Office: Visas and Immigration
https://www.gov.uk/browse/visas-immigration

Home Office Guidance: Overstaying in the UK
https://www.gov.uk/government/publications/applications-from-overstayers-non-family-routes

Legislation.gov.uk: Immigration Act 1971
https://www.legislation.gov.uk/ukpga/1971/77/contents

Right to Rent Guidance: Home Office
https://www.gov.uk/government/publications/right-to-rent-document-checks-a-user-guide

NHS: Healthcare Access for Overseas Visitors
https://www.nhs.uk/using-the-nhs/nhs-services/visitors-from-abroad