Overstaying Visa in the UK

In the UK, overstaying past the visa expiry deadline is a criminal offence. Following Section 24 of the Immigration Act of 1971, anyone who remains in the United Kingdom past the expiration of their visa or fails to abide by the terms and conditions of their visa may be convicted of an offence that is punishable by a fine or, in some circumstances, a term of imprisonment of no longer than six months.

However, this term has increased for up to four years in 2022 under the new Nationality and Borders Bill depending on the case presented.

You have 30 days (unless you abide by the 14-day “good reason” requirement) to depart the country when your visa expires. The best course of action is to ensure you keep within the parameters of your visa.

It may be tempting to attempt to stay in the UK after your visa has run out but there is a huge risk of getting deported without a proper reason for overstaying in the country and this could prove costly as well as having a long-term effect on your future immigration plans.

We can help you make the right legal decisions to avoid unnecessary complications associated with overstaying. You can contact us through the online chat feature provided on our website or call us at 0333 305 9375.

As per the UK immigration rules, the following are the legal and moral implications you could be subjected to in case your visa expires and you overstay your visa:

• You may be subjected to a monetary fine, jail time, or both.
• You risk being detained and deported from the UK.
• You could be completely banned from re-entering the country for one to ten years.
• You could face problems upon future visa applications for re-entering other countries due to breaking previous immigration laws in the UK.

If your visa has expired and you are awaiting the outcome of a new visa application, you are still permitted to stay in the UK.

Until a decision is reached and you are given a new visa, you must stop engaging in whatever your previous visa permitted. This is specifically true for working because continued employment in the UK beyond a visa’s expiration is illegal and can result in significant consequences.

If your employer continues to let you work while knowing your visa has expired, they could also face punishment from the Home Office.

The only best way to avoid trouble related to overstaying in the UK is to take immediate action. As soon as you find out that you have stayed beyond your UK visa expiry date, get legal help from a reputable agency that can guide you on what you need to do next to clarify your legal position and prevent any significant consequences.

Our team of legal advisers at IAS can offer you emergency services to help you avoid negative outcomes. For thorough assistance, speak with our experts via the online chat feature or call us at 0333 305 9375.

The problems you might encounter upon re-entering the United Kingdom after overstaying once are directly linked to the number of days you overstayed on the previous visa granted by the Home Office.

The consequences you face might not be severe if you leave the UK voluntarily within 90 days of your expiring visa with exceptional circumstances to overstay.

On the other hand, if you stay above 90 days on an expiring visa, there is a chance that the consequences you face will be pretty serious. Since your name will be recorded in the system, you could get a re-entry ban against your passport as per UK immigration law.

Additionally, you could also face issues obtaining future UK visas as well as for other countries.

If you leave voluntarily, there is a chance to get leverage even if you stay beyond 90 days but have a reasonable cause to overstay your UK visa.