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Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7617
Experience:  BA (Hons), PgDip, Practising Solicitor
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I was given a leave to remain for 14 days but I have now overstayed

Customer Question

I was given a leave to remain for 14 days but I have now overstayed my visitor visa by 33 days what will happen when I leave the united kingdom to go home.
Submitted: 6 years ago.
Category: UK Law
Expert:  Thomas replied 6 years ago.



Thanks for your question.


If you have overstayed your visitor's visa by more than 28 days and there were no exceptional circumstances that meant the overstay was unavoidable then the overstay will in all probability be noted and taken in to consideration when you apply for further visas in the future.

An overstay is one of the general grounds for refusal for most visas except those visas based upon your relationship to a UK national or person with indefinite leave to remain in the UK (eg. as spouse, fiance, etc), so they could use the overstay to refuse your application for a different visa


Sorry it could not be better news.

If this is useful please kindly click accept so that I may be rewarded for my time. You will be free to ask follow up questions.

Kind regards,


Customer: replied 6 years ago.
Thank you. Please read below I read this from the UK border agency website. This does nor follow what you have said as to me this states that there will be no implications apart from a one year ban and if it were 28 days or less that it would not be noted..... does that mean if it were less than 28 days they would not note it and any future applications are ok and if 32 days in my case would be punishable by ban for one year. Please can you tell me where it states about refusal of visa in future cases?

From 1 April, we are changing the Immigration Rules to prevent anyone who has previously broken our immigration laws, (e.g. worked illegally, overstayed for more than 28 days, come here illegally or used deception in a visa or other application), from coming to the UK for a fixed period.

Applicants who have used deception (used a false document, lied, withheld information) in a previous application will be banned from the UK for ten years.

Applicants who have breached immigration laws in the UK will be banned from coming back to the UK for a lengthy period. The length of time will depend on how the individual left the UK after his or her breach of the law- i.e.:

* 1 year if he or she left voluntarily at his or her own expense;
* 5 years if he or she left voluntarily at public expense; and
* 10 years if he or she was removed or deported.

We are making these changes for two main reasons:

1. So those who break our immigration laws face a clear sanction; and
2. To give those who are currently here illegally an incentive to leave of their own accord- because those who do will be kept out for a much shorter period than those whom we have to remove.
Expert:  Thomas replied 6 years ago.

Sorry I misread your question.


Those are the current rules as I understand them.


There is quite a big element of the discretion with the officials in respect of the ban if the overstay is not much more than the 28 days as it is in your case. Any application you make would be at the discretion of the immigration officer and although the bans are enforceable each application is decided on it's own merits. If you have exceptional circumstances then this may be considered.


If you are not happy I will request a refund, please let me know if you wish for me to do this.



Customer: replied 6 years ago.
Thank you

so does this mean that if i had stayed for only 28 days over there would be no recourse? and as it is 32 days nothing may happen or according to the above I may face a ban for 12 months only?

What does exceptional circumstance mean?
Expert:  Thomas replied 6 years ago.



If you had left within 28 days of the expiry of your visa then there would be no recourse (ie. no ban and it would not have been noted).


As it stands they are empowered to ban you for one year. The longer the overstay is the more likely they are to issue a ban.


Exceptional circumstances would be something like you were hospitalized and physically unable to leave the country or that you had to remain in order to provide essential care to another person.

Kind regards,




Customer: replied 6 years ago.
Thankyou. So as it looks depending on officials at airport will determine if I a. Either get banned for a year or b. Nothing happens. Does it state anywhere that if you get banned for a year that this is all that happens and entry to the uk after this time should not be affected.
Expert:  Thomas replied 6 years ago.



No, it doesn't state that I'm afraid. Overstays after 28 days are permitted to be grounds for refusal for visa types other than those based upon a family relationship (eg. spouses fiance or partner with whom you have cohabited for greater than 2 years).



Customer: replied 6 years ago.
But if it were under 28 days no recourse?
Expert:  Thomas replied 6 years ago.



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