Overstay in UK for 14 or 20 Years

Understanding Overstaying in the UK

If you have remained in the UK even after your visa or permission to remain has expired, you will be considered an overstayer from the perspective of UK immigration laws. Under Section 24 of the Immigration Act 1971, overstaying in the UK without ‘good reasons’ is a criminal offence.

It is important to note that the onus is on the visa/permission holder to ensure they are not overstaying in the UK. The Home Office will not send any reminder when your visa/leave to remain expires. Instead, you must know the expiry date of your permission to remain in the UK (as mentioned on your visa or biometric residence permit).

If your existing leave to remain is curtailed by the Home Office, given you no longer meet the respective immigration requirements (e.g. getting divorced while you are on a spouse visa in the UK), it may also lead to an overstay. Additionally, if you have submitted forged/false documents or omitted information (like a criminal record) which would have resulted in the refusal of your visa application, the Home Office may treat you as an overstayer when such information comes to light.

Grace Periods and Exceptions for Overstaying a UK Visa

Before November 2016, the UK immigration rules provided overstayers with a 28-day grace period, under which applications for leave to remain were not refused based on overstaying if made within 28 days of the expiry of leave. However, the rules were amended on 24 November 2016 to abolish such leniencies.

Overstaying is now a ground for refusal unless the Secretary of State considers that there has been a ‘good reason’ beyond the applicant’s control to apply for a renewal or a new visa before their previous visa deadline, provided that the application is made within 14 days of the expiry of leave.

In addition to the above, there are certain provisions for diplomats and members of His Majesty’s (HM) armed forces. Foreign diplomats are provided with a ‘deemed leave’ of 90 days once their exemption from the immigration control period ceases. In their case, the 14-day consideration period starts once their ‘deemed leave’ is over.

For members of the armed forces, all foreign and Commonwealth cases are usually (but not automatically) granted leave to remain (LTR) for 28 days, starting from their discharge date. If the LTR is granted, overstaying begins the day after that leave expires. If LTR is not granted, the 14-day consideration period starts the next day following the discharge date.

Who Qualifies as an Overstayer in the UK?

All foreign nationals staying in the UK beyond their leave to remain expiry date will qualify as overstayers unless they have:

• Already applied for a visa/permission renewal (or a new visa) before their old visa (or LTR) expired and are currently awaiting the Home Office’s decision
• Applied for renewal (or a new visa) within 14 days of their previous visa (or LTR) expiry date, and they can prove to the Home Office (and provide enough evidence to that end) that they have ‘good reason’ for filing a late application
• A right of appeal related to a previous visa application rejection and not wanting to make a fresh application. Any such appeal (or application for judicial review) must, however, be made within 14 days of receiving the refusal from the Home Office
• Applied for pre-settled or settled status in the UK under the EU Settlement Scheme and are currently awaiting a decision

Valid Reasons for Overstaying Visa UK

The Home Office provides detailed guidance to its caseworkers to help them determine whether an immigrant has valid reasons for overstaying their UK visa. This is applicable only in cases where visa holders have applied for a renewal or a new visa within 14 days of their visa expiry.

Each such case is to be treated on its merit. However, in all circumstances, the overstayer must prove that the reason(s) for overstaying was beyond their control and provide evidence to support their claim.

For example, if you are claiming that you were undergoing emergency medical treatment at a hospital when your visa expired, you will have to provide an official letter from the hospital or your healthcare provider verifying the dates of your admission and discharge as well as the nature of your treatment.

A close family member bereavement or a situation where a third party (e.g. your employer or an educational institution) did not complete their required paperwork on time, resulting in the delay of your visa renewal application, may also be considered ‘good reasons’.

Home Office caseworkers are instructed to scrutinise each such ‘good reason’ claim to establish their plausibility, the credibility of the evidence provided, and whether the visa holder could realistically have avoided overstaying. 

It is also crucial to understand that even when your case falls under the 14-day rule with ‘good reasons’, you will still be considered an overstayer and not enjoy the same rights as a valid visa holder. For example, if you previously held a work visa, you will not be entitled to work in the UK while overstaying until your new visa application is approved.

Penalties and Consequences of Overstaying in the UK

Under UK immigration law, an overstayer is an illegal immigrant. If you breach your permission deadline to remain in the UK, you are likely to face severe repercussions.

The recent UK immigration law update has made it easier for the Home Office to identify the overstaying instances. Tracking databases using cutting-edge technology are now used to keep robust records of foreign nationals’ immigration status. Immigration officers have also been given more power to detain the overstayers.

If you leave the UK voluntarily at your own expense within 30 days from your visa/permission expiry date, you may avoid a re-entry ban. However, you will still be considered an overstayer during that period and won’t be able to enjoy the rights of a visa holder.

If you don’t leave voluntarily within that period and the immigration authorities deem you to have overstayed your leave to remain, you could be banned from re-entering the country for a period of time, usually from one to 10 years. You may face immigration fines, detention, imprisonment, and even deportation.

Impact on Future UK Immigration Applications

Any overstaying incident will impact your future UK immigration opportunities. Even when your re-entering ban is lifted, the Home Office will rigorously scrutinise your future visa applications and, depending on the severity, may cite a past overstaying incident as grounds for visa refusal.

Any immigration tribunal or appellate court is also likely to take an adverse view of the matter if there is grounds to believe that you will possibly exploit the permission to remain in the UK if granted a visa again.

If you are planning to apply for indefinite leave to remain (ILR) in the UK based on Long Residence, any period of overstaying will not count towards the required 10 years of continuous legal residence in the country since overstayers are considered to be staying in the UK illegally.

Rights of an Overstayer

Even though the overstayers are viewed as illegal immigrants and cannot enjoy the same rights as valid visa holders, they are entitled to certain basic human rights in the UK. These include:

• Access to the emergency services, i.e. police, fire brigade, and ambulance
• Access to essential healthcare treatment, which includes ante-natal support
• Right to enrol children in school

Options for Individuals Who Have Overstayed Their Visa

If you have unwittingly overstayed but are planning to continue staying legally in the UK, your best option is to apply for a visa/permission renewal or make a fresh visa application (in case your immigration circumstances have now changed) within the stipulated 14-day period.

However, please note that it may not always be possible to gather enough satisfying evidence within only 14 days to prove that you have had ‘good reasons’ to have missed your original visa expiry date. An expert immigration lawyer may come to your ‘rescue’ in such a situation, so please get in touch to avoid further delay.

If you intend to return to your home country, you must do so within the stipulated 30-day period at your own expense. The sooner you leave the UK voluntarily, the better your chances of avoiding a re-entry ban are.

If neither of the above options apply in your case, call us at +44 (0)333 414 9244 for immediate assistance. Our expert UK immigration team can help you explore all options to avoid or minimise any impact of overstaying in the country.

Amnesty for Overstayers UK: 14 or 20 Years

While foreign nationals can apply for ILR based on long residence if they have stayed in the UK continually and legally for 10 years or more, there is a certain long residence option for those with a more complicated immigration history. This is known as the 20-year-long residence rule.

The basis of the long residence principle lies in the fact that when an immigrant has spent a considerable time of their life (i.e. 20 years), they have surely formed an in-depth connection with the country’s society, culture, and the UK way of life. Uprooting them from their UK life in such cases can harm the individuals’ private lives, stability, and security.

Prior to 9 July 2012, overstayers could have applied for settlement in the UK under the long residence principle after 14 years of continuous residence in the country. However, the UK Border Agency closed the 14-year rule. Instead, a different provision was introduced for overstayers who have spent 20 years or more in the UK.

It is crucial to note that any period of imprisonment will not be counted while calculating the 20 years. If you have been sentenced to imprisonment for over 12 months, it may affect your long-term residence application significantly.

Under the 20-year-long residence provision, successful applicants will first receive discretionary leave for 10 years. After 10 years of lawful residence, they may apply for ILR if all requirements for settlement in the UK are met. It is only at the end of this 10-year period does the applicant obtain indefinite leave to remain.

How Can IAS Help?

Overstaying in the UK is a very sensitive issue, especially given the successive UK governments’ and the general public’s stance on immigration. There are severe legal repercussions for overstayers in the country, including criminal charges, imprisonment, and deportation. Moreover, each overstaying case will be judged based on its uniqueness, as an overstay in the UK for 6 months is quite a different case than an overstay in UK for 14 years.

Even when legal provisions enable the Secretary of State to grant leave outside the Immigration Rules (LOTR) or discretionary leave to people with a complex immigration history or whose life and independence may be threatened if deported to their home country, it is not a straightforward process. Such leaves are only permitted in rare cases, intending to cover exceptional and compassionate circumstances.

Our IAS lawyers and advisers have in-depth knowledge of UK immigration law and its nuances. Over the years, we have helped several overstayers deal with their situation. Apart from providing overall legal guidance and advice, we can also help you file an application for judicial review, appeal a Home Office decision or represent you at immigration tribunals or an appellate court.

Call IAS today at +44 (0)333 414 9244 to learn more about our bespoke services and to discuss your case.