Overstaying your visa in the United Kingdom is a serious immigration breach with potentially long-term consequences. The rules have become increasingly strict in recent years, and understanding your options is crucial if you’ve overstayed or are at risk of doing so.
How the Law on Overstaying Has Changed
Before 2016, individuals who overstayed their visa had a 28-day grace period to submit a new application without automatically triggering a re-entry ban. However, since the November 2016 policy change, that window has been cut to just 14 days — and even then, only where you can show a “good reason” for the delay beyond your control.
Today, anyone found in the UK without valid leave is in breach of immigration law and may face enforcement action, including detention or removal. Future visa applications may also be refused due to previous immigration violations such as overstaying — especially if the person failed to leave voluntarily or used deception.
Consequences of Overstaying
Overstaying can lead to:
- Detention and removal under Section 24 of the Immigration Act 1971.
- Re-entry bans lasting from one to ten years, depending on how long you overstayed and how you left the UK.
- Loss of lawful residence time, which affects eligibility for Indefinite Leave to Remain or British citizenship.
- Negative impact on family or work-related visa applications, which require strict compliance with immigration laws.
For example, someone who overstayed for more than 90 days and left the UK voluntarily might face a one-year ban, while those removed by the Home Office could face longer restrictions.
What You Can Do If You’ve Overstayed
While the situation is serious, solutions may still be available. You may be able to:
- Submit a late application within 14 days if you have a compelling reason (such as medical issues or administrative delays).
- Apply for discretionary leave, humanitarian protection, or a family-based visa, especially where private and family life rights under Article 8 ECHR apply.
- Consider voluntary departure to reduce the impact on future visa eligibility.
- Challenge a removal or re-entry ban through administrative or judicial review — but this requires careful legal strategy and evidence.
Each case is unique. That’s why professional advice from an experienced immigration solicitor is essential.
Get Expert Help from Villars Legal
At Villars Legal, we specialise in helping individuals regularise their immigration status and protect their future in the UK. Our team offers tailored, compassionate, and strategic advice to guide you through even the most complex overstaying situations.
Contact Villars Legal today to discuss your case in confidence:
- Email: info@villarslegal.co.uk
- Phone: +44 7782 354715 / 020 8106 1209
- Book a consultation: Schedule a 30-minute meeting here
Don’t wait until it’s too late. Acting early can make all the difference in protecting your right to stay, work, and build your life in the UK.