Following Immigration rules is a must, and it is important to keep within the terms and conditions of your visa. It doesn’t matter what visa you are on, study, business, family or any other, if you stay in the UK past the expiry date, it can result in serious consequences. It might be hard leaving the UK post the expiry date, thinking that the Home Office will not notice and you can continue to live, then that is not the case. People who are aware know that the system is now electronic, making it impossible for anyone to be undetected as an overstayer. This can result in being removed or rejections of future visa applications. Let’s explore how an Overstay visa attorney can help you in such a situation.

Who is an Overstayer UK?

Overstayer refers to a person who no longer has the permission to be in the UK. This can be due to an expired visa or period of leave, or if their visa has been curtailed because the person no longer meets the visa criteria, such as getting a divorce while being on a spouse visa.

In other situations, if you obtained your visa through fraud or by false documents then you may be considered an overstayer.

What are The Consequences of Overstaying?

Overstaying is considered as a criminal offense under section 24. As an overstayer you breach the contract by breaking immigration laws which can land you in hot waters anytime soon. These include:

Future Applications: overstaying affects your future applications as it leads to re-entry bans or straight up refusals of later applications.

No access to services: Overstayers UK lose their access to major services, like healthcare under the NHS or housing support.

Enforcement Action: the Home Office UK has all the authority to take enforcement actions against overstayers. This includes detention, legal penalties and removal from the UK.

What makes the Application Valid?

In order to have a successful application, one needs to comply with the requirements set by the Home Office which usually consist of:

• Submission of application before the visa expiry
• Full payment of the fees
• Provision of all genuine and necessary documents and evidence

If your application is valid then your lawful status remains until any decision from the Home Office.

Rights as an Overstayer UK

If you transition to an overstayer then know that your rights become quite restricted as you no longer have valid immigration status. You straight up lose the right to work, including your approach towards public benefits which can lead to other consequences like financial hardships. Your access to housing will get affected as well, because landlords check immigration status before granting any property to live in. However there are few things that remain available:

Emergency services: as an overstayer you can access emergency services like the police, fire brigade and ambulance. These services are available to everyone regardless of their status.

Healthcare: you can get urgent healthcare, including emergency treatment and maternity care.

Education: if you have children under the age of 16 then they are still open to attend school in the UK during the time you remain in the UK post your visa expiry. The right to education is protected for all children living in the UK despite any status.

How can an overstay visa attorney help you?

Assessment and Advice:

An immigration lawyer can thoroughly assess your circumstances and determine if you have a good reason to overstay in the UK and according to that he can advise you on the most suitable option including potential ways like applying for a new visa, appealing for re-entry or other.

Application process and submission:

An overstay visa solicitor can help you prepare your visa application along with all the necessary supporting documents so there are no delays or rejections after submission.

Home Office Representation:

Overstay visa solicitor can confidently represent you in the home office, ensuring your case is presented with much transparency. Additionally, they can handle appeals, reviews and judicial reviews on your behalf so there is less stress for you.

Rule guidance:

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

Good reason for overstaying:

Overstaying is considered as a criminal offense as mentioned before but an overstay visa attorney 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, an overstay lawyer can help you in lifting that through potential options.

Indefinite Leave to Remain:

If you have been in the UK for quite some time now, then an immigration lawyer can help you with your applications for Indefinite Leave to Remain (ILR).

Family Immigration:

If you have a family in the UK who are getting affected by your overstay status, then a solicitor or an attorney can assist you in securing immigration status of all family members.

NEED HELP?

Overstaying is majorly a risk and can invite multiple immigration issues for you, so, if you find yourself in the hot waters, it’s best to consult with an overstay visa solicitor to make the necessary application on your behalf.

Farani Taylor Solicitors are specialist UK immigration advisors supporting those in need of legal help. Any questions regarding your expired visa? Call us now!

If you live in or near Ilford, then Farani Taylor’s Overstay Visa Solicitor Ilford is always there to listen to you. Visit the Ilford office or go to the website for more information.

In Norbury? No worries at all because Farani Taylor’s Norbury Immigration Lawyer for Overstay will provide all the necessary legal services needed to secure your future in the UK. So, don’t wait on anything and contact us today for a more safe and secure future in the UK.