Overstaying a visa is a criminal offence in the UK, though it is relatively common. One of the main queries is whether an expired visa can be renewed? In short, the answer is no. The Home Office has little tolerance for over stayers and pushes, where possible for forced removals of those who overstay their visa.
The information below can help to highlight the difficulties and offer some solutions to the issues.
Do I have any right of appeal?
Unfortunately not. The Home Office allows up to 3 months before the expiration of a visa to apply for an extension or even a switch of visa. Though the main reason for overstaying is the expiration of tier 4 student visas of which the holders are unlikely to be able to extend.
There has been a huge push to forcibly remove student visa over stayers and a crackdown on the educational establishments that have assisted them in breaking the law. That’s why it is so important to ensure your status before it is too late. Don’t forget that if you wish to return to the UK in the future, your immigration history is likely to be considered as part of the application process and a history of overstaying will not be well received.
How can I avoid overstaying?
The easiest way is to apply within the three months before expiration for an extension. Failing that, it is worth investigating whether you would be eligible to switch to an alternative visa. For instance, a tier 4 student finding a sponsor licence holder and trying to switch to a tier general migration visa. This is a common way to extend your stay in the country, though it does depend on finding employment with a sponsor licence holder.
Can I be removed forcefully?
Yes, it is possible for you to be forcibly removed from the UK if you have overstayed your visa and that is why it is vital that you do not do it if at all possible.
If you have any worries on this score, then please get in touch and talk to us about your individual case, we may be able to come up with a solution for your current problem.
Where can I look for advice?
The Home Office website is full of good information on immigration. You can also get in touch with one of our immigration specialist lawyers who can provide you with tailored advice that is based on your individual circumstances.
We also have many articles on our site which are helpful in providing you information about immigration law. These are provided to help people like you get the answers that you need.
How we can help
Our specialist immigration solicitors are well versed in immigration law and are able to come up with solutions to many immigration issues. Get in touch today to let us help you with your queries with regards to immigration.