Where an individual has been granted permission to enter or stay in the UK they must comply with the conditions of that permission including, but not limited to, the timeframe any permission is valid for i.e. the visa expiry.
Prior to the expiry of the visa immigration permission an individual should either apply for further permission to stay or depart from the UK. Remaining in the UK after permission has expired is commonly known as overstaying and has serious consequences.
Prior to 24 November 2016 the Immigration Rules provided a 28-day grace period for individuals who had overstayed to regularise their status in the UK. However, the Immigration Rules were amended to abolish the 28-day grace period and instead provide for a 14-day period for which overstaying is disregarded but only in specified limited circumstances.
Unfortunately some visa holders forget to monitor their visa expiry and their visa expires without their knowledge. This way they put themselves into very difficult situation. Overlooking visa end date is normally not an explanation that Home Office is going to take favourably. They may have worked illegally during that time, rented property illegally, and are now overstayers without valid immigration permission. All this makes their situation extremely complicated and may mean that they would have to depart the UK.
Applying for a visa from inside the UK after their previous visa already expired may only succeed in rare exceptional circumstances. Furthermore, overstaying for over 30 days carries a 1 year mandatory ban on returning to the UK.
The conclusion is that every visa holder needs to monitor their visa expiry and ensure to either apply for new immigration permission before current one’s expiry OR depart the UK.
Exceptions to overstaying
The Immigration Rules do recognise, however, that in some, limited circumstances, a short period of overstaying may be unavoidable and should be disregarded during consideration of an application. Overstaying which falls outside of these exceptions, as set out in the Immigration Rules, will result in the refusal of an application.
Limited exceptions are set out by Home Office as follows:
(a) the application was made within 14 days of the applicant’s permission expiring and the Secretary of State considers that there was a good reason beyond the control of the applicant or their representative, provided in or with the application, why the application could not be made in-time; or
(b) the application was made:
(i) following the refusal or rejection of a previous application for permission which was made in-time; and
(ii) within 14 days of:
(1) the refusal or rejection of the previous application for permission; or
(2) the expiry of any permission extended by section 3C of the Immigration Act 1971; or
(3) the expiry of the time-limit for making an in-time application for administrative review or appeal (where applicable); or
(4) any such administrative review or appeal being concluded, withdrawn or abandoned or lapsing; or
(c) the period overstaying was between 24 January and 31 August 2020; or
(d) where the applicant has, or had, permission on the Hong Kong BN(O) route and the period of overstaying was between 1 July 2020 and 31 January 2021;or
(e) the period of overstaying:
(i) is between 1 September 2020 and 28 February 2023; and
(ii) is covered by an exceptional assurance.
SUI 13.2. For the purpose of paragraph SUI 13.1(e)(ii), “exceptional assurance” means a written notice given to a person by the Home Office stating that they would not be considered an overstayer for the period specified in the notice.