Overstaying a visa in the UK (Overstaying and Applying for further leave to Remain) is extremely stressful as it is a criminal offence in the United Kingdom. Without a valid leave in the UK you cannot either work or study and you are at risk to be removed to your Country of Origin.
You are also exposed to the UK’s ‘hostile environment’ for overstayers, as you will loose your right to rent, open a bank account, drive and access medical treatment.
My leave has expired. Can I apply for leave to remain in the UK?
If your have overstayed in the UK, you are in breach of UK immigration laws, but you can still apply to the Home Office for further leave to Remain, however, this is a ground of refusal for most types of application.
However, there is an exception contained at Paragraph 39E(1) of the Immigration Rules. This exception means that you may still be able to make an application for leave to remain, subject to both of the following conditions:
- you must make the new application within 14 days of the expiry date of your previous grant of leave;
- you must have a good reason why the application could not be made on time.
Do I stop being an overstayer once I submit my new application?
No-You will still be considered as an overstayer (Overstaying and Applying for further leave to Remain).
Refusals with a right of appeal
If your application is refused with an in-country then your leave is extended by Section 3C will last for another 14 days from the date of your refusal decision. In a similar way to refusals with the right to administrative review, this 14-day extension is to allow you to lodge an appeal, should you wish to do so.
No in-country right of appeal or right to administrative review
If your application is refused with neither an in-country right of appeal nor a right to administrative review, then you will not be protected by Section 3C Leave to Remain, but should you wish then you can initiate Judicial Review Proceedings or submit an application to the Home Office/UKVI as an overstayer within 14 days under Paragraph 39E(2) of the Immigration Rules.
Our firm is Regulated by the Solicitors Regulation Authority (SRA).
