Immigration Law

Overstayer

At Farani Taylor, we understand how stressful any immigration or human rights matter can be. 

Our specialist overstayer solicitors have extensive experience working on cases where clients require support, advice or a representative to act on their behalf to ensure they can remain in the UK.

How our overstayer solicitors could help?

Our specialist overstayer solicitors work tirelessly on our clients’ behalves, meticulously examining their circumstances to ensure the best outcome for them and their loved ones. 

We have supported thousands of clients in achieving the results they want, challenging appeals on their behalf, or simply providing them with superior knowledge of UK law. 

In choosing to work with us, you can be confident that your matter is in expert hands. We value every client we work with, even from the first initial consultation. Speak with one of our overstayer solicitors today and start looking towards your future.

What Services do we provide?

Our overstayer solicitors provide various services which vary depending upon your individual circumstances. Whether it’s writing a letter of appeal, submitting an application on your behalf or guidance on how to obtain your objectives, our solicitors are here for you, whenever you need them.

What does overstaying your visa mean?

If you have remained in the UK after your visa has expired, you are granted a 30 day grace period, after which time you are expected to leave the country. ‘Overstaying’ is simply that, ‘overstaying’ the time of your agreed visa stay.

What are the consequences if you Overstay your visa?

If you have been granted a UK visa, you are expected to fulfil all obligations required by the visa, particularly when it expires and you are due to leave. There are legal ramifications if you choose to simply ignore the timeframe of your agreed stay, with some clients facing huge fines and even being banned from trying to regain entry to the UK. It is imperative you act immediately if your visa is due to expire or has expired, our overstayer solicitors can still help you achieve the results you want.

Human Rights and Family Life

As of 2nd October 2000, overstayers in the UK can now benefit from rights under the European Convention of Human Rights to become a UK citizen. This means that many clients will be able to argue issues pertaining to Human Rights to support all immigration cases, not just asylum cases. The most common argument we have used as supporting evidence for Immigration matters is family life. If you or your loved ones forced exit of the UK means your family will be split up, our overstayer solicitors can help make sure this doesn’t happen.

What does Article 8 says: Right to Privacy?

The key components of  Article 8 that relate to overstayer applications and their family being split up are as follows:

  1. Everyone has the right to respect for his private and family life, his home and his correspondence.
  2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.

There are of course limitations to Article 8 that may impact your case, speak to one of our overstayer solicitors who can provide you with free, confidential advice on your options. 

Limitations to Article 8

There are some specific restrictions to these rights when they involve the following:

  • National security;
  • Public safety;
  • Health;
  • The economy;
  • Law and disorder; or
  • The rights and freedoms of others.

If you have been denied any of these rights and believe that your case does not involve any of the above, our experts can help.

20 Years Residency Immigration Rule

If you have been a resident of the UK for 20 years or more, you may automatically be granted permanent residency. Speak to our overstayer solicitors to discuss your circumstances, we can support you with your application, giving your free, expert advice on how to ensure your residency is approved.

What does private life consists of?

Your private life could consist of charity work, involvement with your community, sexuality, friends you have made whilst in the UK, studies or even work. Private life is also protected under Article 8 ECHR.

Application under Family Life to Become Legal

Family life consists of any relationship established with members of your family including your unmarried partner, spouse, civil partner or children under the age of 18. These rights are protected under Article 8 ECHR.

Are you in a relationship with a person who is settled in the UK? 

The Immigration Rules allow applications from those who are in a relationship with a British national or a settled person from within the UK.

However, the applicant must demonstrate that they and their partner would face insurmountable obstacles (very significant difficulty) to their life continuing outside of the UK.

Do you have children who have been in the UK for 7 years or who are British citizens?

If your child is a British national you can make an application for leave to remain in the UK as a parent.

If the child is in the UK illegally or without leave to remain but they have resided in the UK for seven years, you can make an application to regularise your leave in the UK together with your children. The child however must be under the age of 18 at the date of the application. See our article on A Route of 7 Years Child Policy to British Citizenship.

Whilst there is no set criteria for which your application to remain will be approved, the above provides applicants with a strong argument for their case. Speak with our overstayer solicitors to learn more about extending your visa or your uk settlement options. 

Are you in a relationship with an EEA National?

The EEA settlement scheme was in place post the Brexit vote. It allowed EU nationals and their partners, children or other family members to make applications to remain in the UK and obtain either ‘leave to remain in the UK’ or ‘indefinite leave to remain in the UK’. 

However, this scheme was not in place for a prolonged period of time. As it currently stands, the deadline to make an application under this scheme was 30 June 2021.

Application on the basis of residence in the UK

Applications under private life legislation have become increasingly popular over the last few years. Young people over the age of 18 but under 25 years of age, can make an application for leave to remain in the UK provided that they have lived here for half of their life.

People who have also lived in the UK for over 20 years can also apply despite being overstayer. Under the Immigration Rules, one can make an application for further leave to remain in the UK on the basis of their private life. However, applications are evidence based and the onus is on the applicant to prove the required documents to support their case.

Our overstayer solicitors can support you in retrieving evidence for your case. We can act on your behalf if necessary and equip you with all available legal knowledge to ensure your application is successful. 

Overstayer refusals and appeals

If you are already an overstayer in the UK, the idea of notifying professional bodies that you have broken your visa agreement can be overwhelming and extremely stressful. Applying for a new visa in this instance can be a difficult process and would strongly advise speaking with a legal professional prior to making any decisions. 

At Farani Taylor, we understand all of this and have acted on behalf of many clients to ensure their application is successful. Our overstayer solicitors offer free, confidential advice on your circumstances, providing outstanding support and guidance when you need it most.

Can overstayers apply for a work permit?
Open Can overstayers apply for a work permit?

No. If you are an overstayer, you are not legally allowed to be in the UK let alone to work here. Contact our overstayer solicitors if you are experiencing financial difficulty as a result of your situation. We offer free, impartial advice and will support and guide you through what to do next.

I have overstayed my visa, can I still get married in the UK?
Open I have overstayed my visa, can I still get married in the UK?

If you want to get married in the UK, you will need to provide a notice of the marriage prior to it taking place. As an overstayer, this will prove difficult as you will be required to to evidence a valid immigration status for this process. Contact our overstayer solicitors who can provide you with advice on your circumstances.

What should I do if I overstay my UK Visit Visa?
Open  What should I do if I overstay my UK Visit Visa?

If you have overstayed your visa, you must act immediately. You have a period of 30 days to leave the UK after the initial expiration and if you fail to do so, could face barring from re-entering the UK and hefty fines. We would strongly suggest seeking legal advice in this instance.

How do immigration know if you have overstayed your visa?
Open How do immigration know if you have overstayed your visa?

The Home Office keeps a record of visa documentation for every person with a visa and will notify you when your stay is due to end. The Home Office holds all evidence and information pertaining to your visa and at some point, it will get raised that you have not exited the UK, meaning you could face criminal charges. Speak with one of our overstayer specialists today and find out how we can help.

Key Contacts

If you are looking for help and guidance or have a question relating to Overstayer, please contact us today on +44 (0)20 7242 1666.