From Overstayer to Legal Resident: How a Visa Solicitor Can Fix Your Status

Being in the UK, it is crucial to keep within the terms and conditions of your visa. Whether you are on a long-term, short-term, work, family, study, business, or visit visa, staying in the UK past the expiry date can result in serious consequences. There may be a temptation to stay posting the expiry date of a visa in the delusion that the Home Office and Border Force will not be aware, but that is not the case. The visa system is now electronic so it’s nearly impossible to go undetected as an overstayer and this can result in being removed or rejections of future visa applications. Let’s explore how an overstay visa solicitor can help you in such a situation.

What is Overstaying?

An immigrant is considered as an overstayer if they have expired UK immigration status and despite that they remain in the UK without any genuine cause. When your visa expires, you will have 30 days to leave the UK at your own expense. If you fail to leave, you might be unable to re-enter the UK in the future, just because of your overstayer tag.

Additionally, if you have had your visa shortened, which is known as curtailment, by the Home Office unless you leave by the new earlier date, you will be called an Overstayer UK. Let’s suppose you have a work visa, and the sponsoring employer loses his sponsorship status, in this case all the workers sponsored by him may have their work visas curtailed.

However, if you apply for a new UK visa through an immigration lawyer or overstay visa attorney, to extend your current visa before its expiry then you will not be considered as an overstayer while the application is being processed.

What are the valid reasons for overstaying?

• Applied for another visa
• Applied for another immigration status i.e. ILR
• Applied for visa extension
• You were seriously ill in the hospital, e.g COVID-19
• You applied for a new visa or visa renewal and now you are on a ‘grace period’ of 14 days.

What to do after you overstayed your UK visa?

If you are residing in the UK as an overstayer then it’s crucial for you to take an immediate action. You can either regularize your immigration status within 14 days or leave the UK within 30 days. It is highly advisable to engage the services of an overstay visa solicitor who can advise you on the best course of action.

If we talk about rights and options, then it highly depends on whom you are residing with in the UK. If you are there with your family, then you have some flexibility to remain in the UK. You will have some basic rights, but your options will be limited as you no longer retain the right to live in the country.

How can an overstay visa solicitor help you?

Assessment and Advice:

An immigration lawyer can assess your circumstances and determine if you have a good reason to overstay and according to that he can advise you on the most suitable strategy including potential options like applying for a new visa, appealing for re-entry or even ILR.

Application process and submission:

An immigration lawyer or an overstay visa attorney can help you prepare your visa application according to the rules and regulations along with all the necessary supporting documents so there are no delays or rejections after submission.

Home Office Representation:

A solicitor can confidently represent you in the home office, ensuring your case is presented with much transparency and professionalism. Additionally, they can handle appeals, reviews and judicial reviews if needed.

Rule guidance:

Believe it or not but the UK immigration rules and regulations are quite complicated, and a solicitor can best help you in understanding your rights and options and ensure that your application meets the requirements.

Good reason for overstaying:

Overstaying is considered as a criminal offense in the Home Office but an immigration lawyer or an overstay visa solicitor can help you demonstrate a ‘Good Reason’ for the late application.

Re-entry ban:

If you have been granted a Re-entry ban, a solicitor can help you in lifting that through potential options.

Indefinite Leave to Remain:

If you have been in the UK for quite some time, then an immigration lawyer can help you with your applications for ILR.

Family Immigration:

If you have a family in the UK who are getting affected by your overstay status, then a solicitor can help ensure the secure immigration status of all family members.