What happens if my visa expires?

As a London Immigration solicitor, I am often asked the question “what happens if my visa expires?”. If your UK visa expires while you are in the UK, you are classed as an “overstayer”.

If a top London Immigration solicitor secures a visa for someone to enter the UK, they should always explain, at the time that the visa is granted by the Home Office, that UK Visas and Immigration will not normally contact a migrant or visa holder to remind them when their visa is nearing its expiry date. UK Visas and Immigration take the position that it is the visa holders’ responsibility to leave the UK prior to the expiry of their visa or apply to renew or extend their visa before the original visa expires.

If you forget to extend your visa and do not leave the UK, then you become an “overstayer”. It is a criminal offence under the Immigration Act 1971 to overstay on a UK visa without reasonable cause. The consequences of overstaying on a visa are:

• You could be detained and subject to enforced removal to your country of origin; and

• You will not have the right to work; and

• There are restrictions on your ability to rent accommodation, to open a bank account, to drive a car or access medical treatment.

If you are nearing the end of your visa or your visa has expired, you need urgent advice from a top London Immigration solicitor on your options.

OTS Solicitors are specialist London immigration solicitors who are experts in applying for Immigration visas, extending visas or applying for transfers to a different visa category. The firm is recommended for Immigration law in the Legal 500.

If you are at risk of becoming an overstayer or your visa has expired, you need top London immigration solicitors’ advice on your Immigration visa and options. Please call OTS Solicitors on 0203 959 9123 to arrange an appointment to speak to one of our experienced London immigration solicitors who will be happy to help.

The best London immigration solicitors advise that if your Immigration visa expires you have 30 days to leave the UK on a voluntary basis. If you do not leave within 30 days, paying for your own flight and travel costs, then you could face a ban on re-entry to the UK.

Even if you do not think that it is likely that you will want to return to the UK, the best London immigration solicitors emphasise the importance of keeping your options open in the future by either leaving voluntarily or applying to regularise your Immigration status.

The penalties for staying in the UK after the expiry of a visa depend on the length of overstay and whether you leave voluntarily or not.

If you leave the UK voluntarily over 30 days from the expiry of your visa then you could be banned from re-entering the UK. top London immigration solicitors advise that a ban can last from one to ten years, so it is crucial not to let your visa expire without first exploring your options.

The length of ban will depend upon:

• The length of the overstay;

• Whether you left the UK voluntarily and paid your own travel costs;

• Whether you were deported.

Furthermore, if you make another Immigration application after the expiry of the ban then the overstay will be considered when UK Visas and Immigration assess the new visa application. They will consider the risk of your staying beyond your visa illegally in the UK and may refuse the visa application as a result. The likelihood of UK Visas and Immigration refusing a new visa application is high if you overstayed for a long time , did not provide a good reason for the overstay or you were deported from the UK.

Many non-EEA migrants assume that there is a bit of leeway if you are late in applying to extend a visa. Home Office Immigration rules give a very small window of opportunity to sort out your visa, but the deadlines are tight.

The Home Office will disregard the fact that you are an overstayer if you apply for a new visa or to extend your existing visa provided that:

• You make the application within 14 days of your visa expiring; and

• You have good reason for having overstayed on your visa and can evidence it.

The best London immigration solicitors advise that the Home Office has issued some guidance on what amounts to a “good reason” for missing a visa expiry deadline. The examples given are:

• A family bereavement;

• Medical emergency;

• Late notification from an educational establishment of an offer to study.

It is not sufficient to explain the reason for the late visa application. Supporting evidence has to be provided at the time of the visa application, such as a detailed letter from your doctor or hospital consultant.

top London immigration solicitors emphasise how important it is to get the evidence you need to show “good reason” quickly as you only have 14 days from the expiry of the visa and the supporting evidence has to be submitted at the same time as the application .

The best London immigration solicitors advise that if your visa has expired and you are waiting for a UK Visas and Immigration decision on a new application then you cannot work until your Immigration status is resolved and a new visa granted. You will be committing a criminal offence if you work in the UK after your visa has expired. Furthermore, if your employer is aware that your visa has expired, they will also commit a criminal offence by continuing to allow you to work. The employer could face Home Office penalty action, such as the revocation of their Sponsor Licence.

If you applied for a visa prior to the expiry of your original visa but the application is refused then you have 14 days to make a new visa application. If the Immigration rules allow for a fresh application then provided the application is made within the 14-day limit, you will not be classed as an overstayer.

The consequences of overstaying on your UK visa are serious. If you need to apply to extend your visa or make a new application, you should leave plenty of time to get top London immigration solicitors advice on your application to avoid the application being rejected.

If your visa has expired then you should take urgent advice to ensure the late application is made quickly with supporting evidence of the good reason for the delay.

How can OTS Solicitors help?

OTS Solicitors are specialist in Immigration law matters. OTS Solicitors are recommended for Immigration law in the Legal 500. OTS Solicitors have Law Society accredited solicitors status as trusted specialists in Immigration law.