New Immigration Rules for Overstayers: Part Suitability 

You may be classed as an overstayer if you remain in the UK after your visa expires but you haven’t submitted a valid application to switch visas or extend your current visa. Overstaying can lead to refusals of future immigration applications, re-entry bans, and difficulties when switching to other visa categories.

To understand the rules on overstaying, it is important to know what is classed as overstaying and what exceptions may apply. The Part Suitability rules (SUI 13.1), which replaced old Paragraph 39E, set out circumstances where a period of overstaying can be overlooked. For example, a period of overstaying may be disregarded if: 

• You applied within 14 days after your visa expired, and you had a good reason for being late 
• Your last application was on time, it was refused, and you applied again within 14 days of: 
  • When your application was refused or rejected 
  • When your 3C leave ended 
  • When your deadline to ask for an appeal or review ended, or 
  • When your appeal or review is finished or has been withdrawn. 
• You overstayed between 24^th January and 31^st August 2020. 
• You were on the Hong Kong BN(O) route and overstayed between 1^st July 2020 and 31^st January 2021, or 
• You overstayed between 1^st September 2020 and 28^th February 2023 and had an ‘exceptional assurance’ (i.e. during COVID-19) 

What does ‘Part Suitability’ mean for overstayers in practice?

The Part Suitability rules (SUI 13.1) outline specific exceptions where applicants will not be treated as overstayers. It is important to note that applicants must provide a written explanation and supporting evidence. For example, simply stating that you forgot to apply on time alone will not be considered a good enough reason. You must include a clear explanation and documents that support your reason within, or attached to, the application.

Another consideration is what the overstaying exceptions means for continuous residence. Even if you meet the conditions for Part Suitability and qualify for the grace period, the period of overstaying may not count toward your continuous lawful residence requirement for some immigration routes (e.g. the 10-year long residence route for indefinite leave to remain). This means it is important to work out how long you have overstayed in the UK and factor this in when making your application. 

To calculate your period of overstaying, first identify the date your previous permission ended, which is usually the expiry date on your visa or Biometric Residence Permit, unless you had section 3C leave, in which case it ends when your appeal or administrative review concludes. Next, find the date you submitted your new application, which is the date the form was paid and submitted. Count the days between these two dates, starting from the day after your permission ended and up to the day of application. Each full day in between counts as a day of overstaying, e.g. if your visa expired on 1^st July and you submitted a new application on 10^th July, the period of overstaying would be 9 days. 

What are considered ‘good reasons beyond the control of the applicant’?

Possible good reasons beyond the control of the applicant may include:

• Medical reasons – If you were ill or hospitalised and could not apply on time. Suitable evidence may include medical letters or hospital records
• Family emergencies – If there was a death or serious illness in your family. Suitable evidence may include a death certificate or obituary, and
• Delays in receiving a Confirmation of Acceptance for Studies (CAS) from a university.

The Home Office will consider the plausibility of the reasons, whether they were genuinely outside of the control of the applicant, and the strength of the evidence provided.

What is the difference between part suitability and section 3c leave?

Both Part Suitability (SUI 13.1) and Section 3C leave offer protection for overstayers, but they apply in different situations. Part Suitability (SUI 13.1) applies specifically to overstayers who can prove they have a good reason for overstaying (e.g., illness, family emergencies, technical issues).  

Section 3C Leave applies to individuals whose visa has expired but who are waiting for a decision on an application or appeal to the Home Office. As such, it allows the applicant to remain legally in the UK while their application is being processed. Section 3C leave is different from Part Suitability because it doesn’t require a good reason for overstaying; rather, it offer protection for those whose visa has expired but whose valid application is still under consideration.