Overstaying

You must arrange to leave the UK, or make an application to extend your stay, before your visa expires. 

If you submit a valid application to extend your stay before your visa expires, your permission to stay in the UK will be extended until you receive a decision about your application, even if your visa expires while you are waiting.

If you do not leave the UK or apply to extend your stay before your visa expires, you become an ‘overstayer’. 

Overstaying is a criminal offence. There is no ‘grace period’ once your visa expires.

You will have no legal permission to be in the UK until you get a new visa.

This will mean that:

  • You cannot work or study (the University will suspend your enrolment)
  • You may need to pay for any healthcare that you receive
  • Your bank may close your account

You will need to state on each future UK visa application that you overstayed your leave. This could seriously affect future applications to the UK and other countries.

How to declare an overstaying breach

In a future UK visa application from overseas, you may be asked the following question in the 'Criminality' section:

Have you ever: 

• entered the UK illegally 

• remained in the UK beyond the validity of your visa or permission to stay 

• breached the conditions of your leave, for example, worked without permission or received public funds when you did not have permission 

• given false information when applying for a visa, leave to enter, or leave to remain • breached UK immigration law in any other way

Overstaying a visa is where you have:

remained in the UK beyond the validity of your visa or permission to stay

For this question, you must select 'Yes' and declare the details of your overstay period.

You cannot make a visa application from inside the UK once your visa has expired, unless:

  • You can prove that the overstay was for a serious reason beyond your control 
    • For example, if you were hospitalised or if the UKVI website was not working
  • Your application has been refused  

In the case of a refusal or reasons beyond your control, you will be permitted to submit an application up to 14 days after your permission to stay has expired.  

If your visa has been refused, please come to see the Student Immigration Service which can advise you about when your permission to stay expires.

Overstay of up to 30 days

You will only be able to make a new application to return to the UK if your period of overstay was less than 30 days, and you left the UK voluntarily and at your own expense.  

Overstay of more than 30 days

If you overstay by more than 30 days you will normally be prohibited from coming back to the UK for at least 12 months from the date you leave the UK. 

Contact us

Please speak to an adviser to seek full advice about your options as early as possible to avoid overstaying.

Contact us

This article was published on