Overstaying Visa in the UK: Rules and Consequences 2026

What is overstaying?

Overstaying means remaining in the UK after your immigration permission expires, assuming that you have not applied in time to extend it or switch to a different immigration route. Under UK immigration rules, once your permission has ended, you have no legal right to stay in the UK.

Knowingly overstaying your visa can be treated as a criminal offence under section 24 of the Immigration Act 1971. However, in practice, prosecutions for simple overstaying are relatively rare. Even without a criminal prosecution, overstaying is likely to result in removal from the UK and may lead to re-entry bans. Furthermore, overstaying is treated as a serious immigration breach that will harm your future visa applications, both in the UK and in other countries.

It is also important to know that, in some circumstances, you may not be treated as an overstayer. For example:

• You made a valid in-time application before your visa expired, so your leave was automatically extended under section 3C of the Immigration Act 1971 while the Home Office decided your case.
• You fall within one of the Part Suitability overstaying exceptions, for example, where you overstayed for a short period before leaving the UK voluntarily at your own expense, or you applied within 14 days of your leave expiring and had a good reason beyond your control for applying late, or
• Your refusal or overstaying decision was later withdrawn, overturned, or quashed (for example, on appeal or administrative review), so that period is not treated as a breach of immigration laws.

What are valid reasons for overstaying?

UK immigration law recognises that, in rare situations, people cannot apply before their visa expires for reasons entirely beyond their control. In these limited cases, the Home Office may disregard a short period of overstaying, known as ‘exceptions for overstayers’, but only if you meet both of the following conditions contained in the Part Suitability section of the Immigration Rules:

1. Your new application was made within 14 days of your previous permission expiring, or within 14 days of a refusal, rejection, or the end of section 3C leave following an in-time application.
2. You can show there was a ‘good reason beyond your control’ why you could not apply in time, and you must provide clear evidence of this reason in or with your application.

It is important to understand that having a valid reason alone does not stop you from becoming an overstayer. The exception only affects how the Home Office treats your application under the Immigration Rules; it does not restore your status or give you the right to work or rent while your application is pending.

The Home Office’s guidance ‘Applications from overstayers’ gives caseworkers examples of reasons that may be accepted as beyond an applicant’s control. Each case is decided on its own facts, but the following are the most commonly recognised valid reasons:

• Emergency hospital admission or serious medical condition. You must provide an official letter from the hospital, confirming the dates you were admitted and discharged, and the nature of the treatment you received.
• Close family bereavement. You must provide a copy of the death certificate and evidence of your relationship to the deceased.
• Delay by an educational institution in issuing a Confirmation of Acceptance for Studies (CAS). You must show that the delay was the institution’s fault, not yours, and that you acted promptly.

When assessing your reason for overstaying, the Home Office will look at:

• Whether your reason is plausible
• Whether it was genuinely outside your control, or whether you could realistically have overcome the difficulty, and
• The credibility of the evidence you provide

Reasons that will not be accepted include:

• Forgetting your visa expiry date
• Being too busy at work or with studies
• Misunderstanding when your visa expired, and
• Not preparing your application in advance

In all cases, you must provide strong and credible evidence with your late application. Without this, the Home Office will refuse your application and treat you as an overstayer.

Can I return to the UK after overstaying my visa?

In some cases, it may be possible to return to the UK after overstaying and leaving by applying for a new visa from abroad, but only if no re-entry ban applies and your previous overstaying is not treated as a serious breach under Part Suitability. Even if you are not subject to a formal re-entry ban, all previous overstays must be declared in any new visa application, and it will be treated as a breach of UK immigration law. The Home Office will consider your immigration history carefully, and overstaying will count against you.

Your chances of returning to the UK after overstaying depend on:

• How long you overstayed– A short, one-off overstay that falls within one of the disregarded categories in the Immigration Rules (such as leaving within 30 days at your own expense) is less serious than a long-term overstay
• Whether you left voluntarily – Leaving the UK voluntarily at your own expense, especially soon after becoming an overstayer, is viewed more favourably than being removed at public expense or following enforcement action.
• The visa route you are applying for – Some family and human rights routes, such as spouse visas under Appendix FM, can be more flexible and may allow applications from people with prior overstaying, especially where refusal would breach Article 8 (the right to respect for private and family life). However, the overstaying will still be a negative factor and must be properly addressed in your application.

Private life route visa for overstaying in the UK for 20 years

Under Appendix Private Life of the Immigration Rules, an adult aged 18 or over may be able to apply for leave to remain on the basis of their private life in the UK if they have lived continuously in the UK for at least 20 years. Importantly, this 20-year period can include time spent as an overstayer, as lawful residence is not necessarily required.

To qualify under the 20-year private life route, you must:

1. Have lived continuously in the UK for at least 20 years at the date you apply – this can include periods of overstaying
2. Apply under Appendix Private Life, using the correct application form (FLR(FP)), paying the fee, and providing biometric information, and
3. Meet the suitability requirements in Part Suitability – the Home Office will refuse your application if you have serious criminality, have used deception, or have committed very serious immigration breaches.

‘Continuous residence’ means you must not have been absent from the UK for more than 6 months at any one time, or for more than 550 days in total over the 20-year period. Any absence that breaks continuous residence will reset the clock, requiring the qualifying period to be built up again. You must provide strong evidence showing your presence in the UK throughout this period. The more comprehensive and evenly spread your evidence is, the stronger your application will be. 

It is important to understand that the 20-year private life route does not lead to immediate Indefinite Leave to Remain (ILR). If your application is successful, you will be granted limited leave to remain for 30 months. You will have the right to work and study in the UK, but you will not have access to public funds unless you apply separately to have that condition lifted.

You are then placed on a 10-year route to settlement. This means you will need to extend your private life visa several times (each time for 30 months) and continue to meet the suitability and other requirements until you have completed a total of 120 months (10 years) of lawful residence on the private life route. Only then can you apply for ILR.

Even though you may have lived in the UK for 20 years, the Home Office can refuse your application on general suitability grounds under Part Suitability. For example, your application may be refused, even if you meet the 20-year residence requirement, if you have:

• Been convicted of a serious criminal offence
• Used deception in any previous immigration application
• Been involved in immigration-related criminality, or
• Engaged in behaviour that frustrates immigration control (such as using false identities or failing to comply with reporting requirements)

FAQs about overstaying in the UK

References:

GOV UK: Immigration Rules: Part Suitability

GOV UK: Applications from overstayers