UK Home Office clamping down o

UK Home Office clamping down on over-stayers

BIC often get contacted by persons who are overstaying on their visas. This happens, despite the fact that there are often a number of other possible options available to them in order to stay lawfully in the UK

UK Home Office clamping down o

Overstaying on your visa in the UK is not worth your while. The UK Home Office is increasingly clamping down on over-stayers. The emotional stress and risk of getting caught is simply not worth it. If your visa is nearing its expiry, contact your BIC consultant in order to discuss viable and legal ways to extend your stay in the UK.

Extension of your UK Visa and the Automatic Ban

It is very important for South Africans in the UK to keep in mind that they need to apply for an extension of their visa, or indefinite leave to remain before the expiry of their current visa.

If a person overstay on their current visa, for more than 28 days, they would need to leave the UK and make a new application from their home country.

The implication of this would be that a person would also lose the qualifying period spent on the visa that would have counted towards, for example, indefinite leave to remain. BIC has had unfortunate cases where persons have contacted us, after overstaying on their Ancestral Visa, and where they should have been able to apply for indefinite leave to remain, they had to re-apply for the Ancestral visa and re-start the qualifying period towards indefinite leave to remain.

However, if the person can prove that there were exceptional circumstances which prevented them from applying within the 28 days, this will be taken into consideration.

Exceptional circumstances will include: serious illness that prevented the applicant from submitting the application in time, the loss of documents due to fire or theft, travel or postal delays which meant that the applicant or representative were unable to submit the application on time. It is important to note that proof will be required of such ‘exceptional circumstances’ and it will depend on the individual circumstances.

Please note that there are always exceptions to the rules, and you will be well advised to seek advice in your unique circumstances.

If you are already overstaying on your UK visa, don’t delay, contact BIC as soon as possible. or