Wednesday, October 24, 2012

What If You Overstay Your Visa In UK, And How To Overcome From It?

Overstaying visa in UK just like in different countries is considered to be a very serious offense. The general rule that they follow when it comes to immigration is that you are only allowed to stay within the time period as provided in your visa. Otherwise, you will be considered as overstaying and this situation carries serious consequences. Under the rules, the people who will breach their visa condition will be refused a leave to remain or leave to enter. However, this rule admits some exception.


These are:
  • The person will be allowed to apply for leave to remain or enter if the overstay period is not more than 28 days, and he voluntarily left and he did not cost any money from the Home Secretary.
  • If the overstay is for a period of more than 28 days but voluntarily left and did not cost money from Home Secretary, you will be allowed to return only after a year.
  • If the person overstayed, cost the Home secretary money but voluntarily left, he can return only after 2 years. In the latter case, he must have left within 6 months from the time he received the removal decision or pending ending of appeal. Missing this 6 month period means being able to return only after 5 years.

If your overstay will result in your removal or deportation, you will only be permitted to return after a period of 10 years. However, this rule will not apply to the following applicant for visa:
  • spouse, same-sex partner, civil partner

  • proposed fiancĂ©

  • parents, grandparents, other relatives that are dependent

  • those person who exercises their right of access to their child

  • the spouse or civil partner or same-sex partner of person having humanitarian protection or a refugee

  • if the applicant was below 18 years of age when he breach his visa
The UK government runs two programs for those people who overstay their visa, but intend to voluntarily leave. These programs are known as the assisted voluntary return. The first one is intended for those in asylum system while the second type is for the irregular immigrants. They usually assist the applicant process their travel documents and arrange their departure.

In order for you not to suffer these consequences of overstaying your visa, there are some options which you can take advantage of:
  • The best thing is for you to be mindful of the expiration date of your visa.

  • Once it has already expired, you should always leave the country within the proper period.

  • If you are eligible, you can also apply that you visa be extended so that you will also have an extended yet valid stay.

  • You may also check if you can switch to a different category based on the immigration point-based system. An example of this is when you enter the UK with visitor visa and got engage to marry a British citizen, you can switch to a spouse visa While the method of switching is not quite easy, it has a huge possibility of validly extending your stay.
Author Bio:
UKVISAS.COM is an immigration firm who specialize in UK immigration and application, British naturalization. We have the experience and expertise to help your immigration case no matter how complicated. The UKVISAS.COM team treats each client as an individual and also has an excellent success rate.

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