It can be very easy, when you've been in the UK for many years on a visa, to forget when it expires. This is just one of the many reasons why people overstay their visa in the UK. Whatever the reason, overstaying your visa is a serious issue and should not be ignored. If you are in this position, this article will help you to understand your rights and responsibilities at the end of your visa period. We will let you know the rules as they stand and offer you practical advice to help make the best of your situation if your visa has expired and you are still in the UK.
In the event that your visa has expired, you have two options that you must take immediately-
Irrespective of whether or not the Home Office agree to review your application, the fact that you have over-stayed will likely be taken into account - particularly where there is a 'genuine intention to return' test (for example in Visitor visa or Tier 4 (Student) visa applications). It is therefore; always best to ensure you stay within the boundaries of your visa, which is especially true if you wish to make the UK your home in the long-term.
While there are few good reasons for overstaying your visa, the Home Office does offer the option to apply for a new visa up to 14 days after your current visa has expired. To apply for a visa in this 14-day window, you will need to be able to prove you have a very good reason for why you could not submit your application before your visa expired. The scope of these reasons is laid out in the visa guidance and encompasses issues such as emergency medical treatment, family bereavement or receiving a late reply from an educational institution.
While there are a few good reasons for overstaying your visa, the vast majority of reasons will not be accepted. Forgetting the date of your visa end or being too busy, for example, are not acceptable reasons. As well as having a good reason, you should try and submit supporting documents whenever possible so that you can evidence your reasons as the Home Office may not accept a bare assertion without proof. In the event of a medical emergency, you will need to provide medical evidence to confirm that you could not submit the application earlier. Regrettably the same requirement to provide supporting documents would apply in the case of a family bereavement. Although we use these as examples of acceptable reasons, these may not be the only basis of an acceptable reason. Please contact one of our Senior Associates who will be able to take further instructions from you and advise you further on the merits of your reason and the supporting documents that should be provided thereafter.
While you are able to remain in the UK while waiting for a visa decision where it is submitted after your visa expired, you will not be permitted to enjoy the same rights and entitlements you had whilst your visa was still valid. The right to continue to enjoy the rights and entitlements of your visa only applies in cases where an in time application is submitted (as protected by section 3c of the Immigration Act 1971).
As long as you have made a new visa application before your current visa expires, you will have 14 days after a refusal to lodge a new application (as long as this is allowed - you will be informed of this in your rejection letter). If you fail to make a new application or are no longer allowed to apply further, you will need to leave the country to avoid becoming a visa overstayer. If you plan on coming back to the UK later, you should avoid overstaying at all costs due to the potential damage it can incur, as your records will show all previous infractions.
if you have over-stayed your visa, then please get in touch with us immediately. Our experienced team of specialists can help ensure you avoid overstaying while also gaining the best chance of staying in the UK for the long-term. Do not wait until it is too late, call today and speak to one of our solicitors about your specific situation.
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Tier 1 Investor Visa - Business Immigration
Investing over 2 million pounds is defintely not a routine decision. We had to make sure that the Tier 1 investor immigration lawyers that we'd be picking has to be one of the best within the Tier 1 investor category. We contacted Reiss Edwards and they were able to get us not only the Tier 1 investor visa but also suggested profitable investment portfolios in addition to what we already had in mind.
Indefinite Leave to remain - UK Settlement and
I am glad that i instructed Reiss Edwards on my visa matter. It started with a 20 minutes free immigration advice. I met with Amar to discuss my ILR refusal. He gave me a great deal of quality advice and decided to take on my messy case. I had doubts on the merits of my case by he was relatively convinced he could win it. That made me quite secure. To be honest, things did not start as quick as I would have wanted, but they kept on communicating the process and state of things to me.A big thank you to Verusha and Foram. They were also very helpful. Brilliant and informative. Their fee was fair and reasonable, especially if you compare them to other law firms and immigration law firms in London; some of whom even told me that i would not be able to get an indefinte leave to remain in this country. The process was long but was worth it. In the end, a big thank you to Reiss Edwards.
Citizenship Application - UK Naturalisation
TI have just had British Citizenship application approved. Prior to making the application, i was not sure which law firm i should hire to facilitate the paperwork. After a few hours of research, i decided to go with Reiss Edwards and i must confess that i wasnt disappointed. The immigration lawyers at Reiss Edwards handled my case well and they really knew what they were doing. They were fully aware of what documents I needed and it was easy for them to tell if my case was going to be easy or not. At the end of the day, I have not received my British citizenship within 3 months. If anyone is looking for a good immigration lawyer to handle thier case, contact Reiss Edwards.
Spouse Visa - Appeals and visa refusals
My wife's spouse visa extension application was refused by the Home Office and they gave her 14 days to leave the country. We contacted Reiss Edwards and they said "OK don't worry we will sort this out". They put together the list of documents for me to obtain and they prepared a bundle which was as thick as the printer it came out from.We followed everything they asked us to do and in the end we won our appeal and got our spouse visa. We can't recommend them enough and we have promised ourselves never to make any more UK visa applications without them.
Immigration Visa - Citizen of United Kingdom
The team of lawyers at Reiss Edwards are very professional and friendly people. Their experience in and around UK immigration law is quite extensive; be sure that you application is in safe and competent hands. My immigration matter was an indefinite leave to remain application based on Tier 1 on a self-employment basis. The immigration lawyers at Reiss Edwards made sure that the application was perfect and ready to be accepted. I got a positive decision and I recommend them highly for anyone who needs a UK immigration help.
UK Settlement Visa
I contacted Reiss Edwards to help me with my wife�s UK settlement visa. They acted with utmost professionalism throughout the entire application. I spoke with Joe Dinh, he is an immigration solicitor and he is one of the best solicitors out there. He ensured that there was little to no room for error. At some point I thought he was over cautious. He remained calmed and continued to assure us on our immigration matter. Most people in his position would have panicked but he was calmed and continued to assure us. We received out positive outcome very quickly.
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I have been using Reiss Edwards for three years now for my family's immigration application. Both for my initial application and extension. They are really affordable. The team of solicitors at this firm are probably one of the most efficient and economical in terms of cost. They offered free advice over the phone and spent good time with us before inviting us for consultation.
Top Notch Immigration Service
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Best Immigration Solicitors
I used Reiss Edwards� immigration lawyers to assist with my immigration matter and that of my family. It was an EX1 application. They dealt with the matter properly and even when complications were coming up from the Home Office, they helped resolve the issue properly. They are very professional and are very popular in London. I am happy to have worked with them.
Indefinte Leave to remain - Individual Immigration - UK Settlement
It's a shame that you dont have an 'Excellent' star rating on here, as my experience with Reiss Edwards is nothing short of an excellent rating. They handled my application for an Indefinite Leave to remain in April 2014 and did my husband's one very recently including my daughter. Every time i have approached them, they have continued to treat me with courtesy, respect and patience. Amar was indeed a very thorough and professional gentleman. He is very knowledgeable, corporative and engaging. He responded to my emails, calls and enquiries promptly. He was always reassuring. I could not have asked for a better Immigration service. I would recommend them over and over again for anyone looking for an immigration advice. They gave me a free immigration advice when i called them, and the quality of the advice was something other charge thousands for. If you need a particular, name, Amar would be it. He exemplifies, for me, the true, professional gentleman. He is a valuable asset to Reiss Edwards.
Tier 2 Visa application - UK Work Visas
This is the only firm that i spoke with that didn't ask for money before listening to me, will be using them again.
I used Reiss Edwards for my Tier 2 visa application and it was successful. The team was ever present and happy to answer my question. The caseworker that dealing with my case went on holiday yet by case did not suffer one bit. Another lawyer stepped and took over the case without any hassle.
Tier 1 Investor Visa - Business Immigration
My Tier 1 Investor Visa was dealt with quickly and without issue. Would recommend Reiss Edwards as an Immigration law firm in London. Thank you to the team.