Overstaying in the UK

What happens if you overstay in the UK?

If you overstay in the UK without making an application to extend your visa, then you will immediately become liable to immigration detention, and possible enforcement action by way of removal.

It is also important to realise that to knowingly overstay a visa is also an offence under Section 24 of the Immigration Act 1971 and can result in a conviction carrying a period of imprisonment and a fine. There are also other, more far-reaching consequences on a person’s immigration history to bear in mind.

Are there any acceptable reasons for overstaying in the UK?

There are very few acceptable reasons for overstaying a visa. The Home Office operates a policy that indicates that discretion can be exercised, but only if there were exceptional circumstances which prevented the applicant from making an in-time application. 

Valid reasons for overstaying a visa in the UK

Examples of possible valid reasons when overstaying a visa in the UK may be valid include:

• Bereavement;

• Medical emergency;

• Covid restrictions; and

• Associated regulations (exceptional assurances could have been applied for) and technical issues,

It is important to note that each case will be assessed on an individual basis.

A person in the Armed Forces may have a reasonable excuse if they were deployed at short notice.

Lack of funding is not an acceptable reason to overstay, as the Home Office has made provision for this. 

What happens if your visa expires whilst in the UK while you are waiting for a new one?

Section 3C of the Immigration Act 1971 permits a person to remain in the UK provided that they have submitted an in-time application to extend their stay in the UK. If an in-time application to extend a visa has been made then an individual will not not become an overstayer on this basis while their valid application remains outstanding. The conditions of the previous visa will continue whilst the application is under consideration.

What happens if you applied for a new visa or an extension but it has been rejected - can you overstay?

If an application made to extend a visa, or switch into another visa category is subsequently rejected then the person will become an overstayer. An application that is rejected does not extend a person’s right to stay. It is therefore very important to ensure that an application meets all of the requirements necessary in order to be granted.