Migratio United Kingdom · Guides · Find advisers · For advisers

Overstayed your UK visa: what the rules say

Overstaying means staying after your permission has ended. Under Part Suitability a short gap can be disregarded in limited cases (an application within 14 days with a good reason beyond your control, or after an in-time application was refused or rejected). Overstayers have no right to work, rent or claim benefits, and leaving can trigger re-entry bans of 12 months to 10 years.

Overstaying can happen to anyone: a date misread, an application that was invalid, a refusal letter that arrived late, a sponsor that stopped trading. The rules do give some short gaps a way out, but they are narrow and run on strict day counts. This page sets out what the Immigration Rules and the Home Office caseworker guidance say, as at 9 October 2026, so that you can see how the system sorts a short gap from a long one.

The sources are Part Suitability of the Immigration Rules (updated 8 October 2026), the Home Office "Applications from overstayers" guidance (version 13.0, published for staff on 3 August 2026), section 24 of the Immigration Act 1971 and GOV.UK pages. This is general information. It does not say what will happen in your case, and it does not recommend a course of action.

What overstaying is, and what it is not

The Home Office guidance describes it this way: before permission expires a person "should either apply for further permission to stay or depart from the UK. Remaining in the UK after permission has expired is commonly known as overstaying."

Two things sometimes called overstaying are not. If you made an in-time application, section 3C of the Immigration Act 1971 extends your leave while the application, and any appeal or administrative review, is possible or pending. Our guide to section 3C leave explains it. Also, the Home Office guidance says an application made while you have permission is not treated like one made after, because the first gives you continuing leave and the second does not.

The date that matters is the last day of your permission, or if later the end of any extension under section 3C. Caseworkers are told to take account of any cancellation or curtailment, so the actual date may be earlier than the date printed on your original visa.

What changes the day you become an overstayer

The Home Office guidance says that once permission has expired the person "no longer benefit[s] from any condition/s that were attached to their previous permission". Applying within the 14-day window described below does not bring the old permission back. The guidance says that a person who applies late "continues to be an overstayer from the point their permission expired and throughout the period their application is pending", and that they "have no permission to work, privately rent, or access benefits and social care in the UK".

It spells out the effect on others:

  • Employers. An employer who employs someone without permission to work may be liable to a civil penalty under section 15 of the Immigration, Asylum and Nationality Act 2006. An employer who knowingly employs an irregular worker commits a criminal offence under section 21, with up to 2 years' imprisonment and an unlimited fine if dealt with at Crown Court.
  • Landlords. Landlords should ask for proof of the continued right to rent, using documents from the lists in the code of practice or the Home Office online checking service. The guidance says a visual check of an eVisa on a phone does not give a landlord a statutory excuse, and the online service with a valid share code is required where it applies.
  • Healthcare. The guidance's worked example notes that the immigration health surcharge is paid when the application is submitted but access to NHS treatment without charge starts only from the date permission is granted. Before a decision, an applicant relying on the 14-day exception "would be directly chargeable for treatment accessed".

There is also a criminal offence. Section 24(C1) of the Immigration Act 1971 makes it an offence for a person who has only limited leave to enter or remain, and "knowingly remains beyond the time limited by the leave". The penalties are set out in the Act: on summary conviction a fine, or imprisonment up to the general limit in a magistrates' court, or both, and on conviction on indictment imprisonment up to 4 years or a fine or both. The word "knowingly" matters.

The 14-day exceptions in Part Suitability

Part Suitability, paragraph SUI 13.1, says an applicant "will not be treated as an overstayer" in these cases (the former rule number was 39E):

(a) the application was made within 14 days of the previous permission expiring, and the decision maker considers there was a good reason beyond the control of the applicant or their representative, provided in or with the application, why it could not be made in time; or

(b) the application was made following the refusal or rejection of a previous application that was made in time, and within 14 days of: the refusal or rejection; the expiry of any permission extended by section 3C; the expiry of the time limit for an in-time administrative review or appeal; or any administrative review or appeal being concluded, withdrawn, abandoned or lapsing.

Other exceptions cover periods during the pandemic and an exceptional assurance given in writing (overstaying between 24 January and 31 August 2020; overstaying between 1 July 2020 and 31 January 2021 for Hong Kong BN(O) permission holders; and overstaying between 1 September 2020 and 28 February 2023 if covered by an exceptional assurance).

How the 14 days are counted. The guidance says the 14-day period runs from the latest of the last day of the latest permission, or the end of any 3C or 3D extension. The first day after permission has expired is the start of the 14-day period. For a late application the clock is therefore from the day after your last day of permission.

What counts as a good reason. The guidance says the explanation must be given with the application and supported by evidence, and the caseworker considers plausibility, whether the reason was genuinely outside the person's control, and the credibility of the evidence. Its examples that might count are emergency hospital admission (with an official letter giving the dates), a close family bereavement (death certificate) and a college failing to issue the confirmation of acceptance for studies promptly. Its example of a reason that does not count is forgetting to apply: "the onus is on the applicant to ensure they apply for further permission before the expiry of any status they hold".

The guidance also says that where an application comes after the 14 days, a caseworker may be able to use discretion in exceptional or compassionate circumstances, such as a serious illness lasting beyond 14 days, but a caseworker at Higher Executive Officer grade or above must authorise it.

Immigration bail. From 20 July 2026, where an applicant is on immigration bail and SUI 13.1 applies, the application must be considered on its merits and no longer refused solely because of the bail. The guidance records this as a change in version 13.0.

If the exceptions do not apply: refusals and re-entry bans

Overstaying outside the exceptions "will result in the refusal of an application", according to the Home Office guidance. The routes it covers include work and study, visitors, long residence, UK Ancestry, family routes and discharged HM Forces.

Leaving the UK has its own rules. Part Suitability treats a person as having breached immigration laws if, aged 18 or over, they overstayed unless an exception applies (SUI 11.4). Two points in the Rules:

  • A period of overstaying is disregarded where the person left voluntarily, not at public expense, and overstayed for 30 days or less (where the overstaying began on or after 6 April 2017) or for 90 days or less (where it began before that date) (SUI 11.5).
  • A period of overstaying does not count where it arose from a refusal or cancellation that was later withdrawn, quashed or reconsidered by direction of a court or tribunal, unless the legal challenge was brought more than 3 months after the decision (SUI 11.6).

If the breach counts, an application for entry clearance made within the relevant period "must be refused" (SUI 11.1). SUI 12.1 sets the periods, measured from the date the person left the UK:

  • 12 months if they left voluntarily at their own expense
  • 2 years if they left voluntarily at public expense, within 6 months of being given notice of liability for removal or of no longer having a pending appeal or administrative review
  • 5 years if they left voluntarily at public expense more than 6 months after that
  • 10 years if they were removed at public expense
  • 10 years if they used deception in an application

Where a person breached immigration laws in more than one way, only the breach that leads to the longest period applies. After the period ends, a refusal may still be possible in some cases where the person acted to frustrate immigration controls (SUI 11.2), for example by using a false identity or failing to cooperate with removal. Whether a past gap counts against you in a particular future application is a matter for the Rules of the route you choose.

How it affects settlement and citizenship

Long residence. GOV.UK says time spent in the UK "after your permission ran out (overstaying)" cannot be counted towards the 10 years of continuous lawful residence for indefinite leave to remain on the long residence route. The same page says you can have absences of up to 180 days in any 12-month period, and lists other time that does not count, such as time as a visitor.

Skilled Worker settlement. The Skilled Worker Rules at SW 20.2 say the applicant must not be in breach of immigration laws, except that where the overstayer exceptions in Part Suitability apply, that period of overstaying is disregarded.

Citizenship. The Home Office good character guidance treats immigration breaches as a character factor. It says that for a person who does not benefit from the disregard, a previous overstay will normally lead to refusal unless it is the only adverse factor and the application for leave was made on or after 24 November 2016 and fell within the exceptions, or the gap was not the applicant's fault. Our guide to refusals on good character grounds covers the wider test.

Removal. The Home Office enforcement guidance records that under section 10 of the Immigration and Asylum Act 1999 a person who requires leave to enter or remain but does not have it is liable to be removed from the UK.

Worked examples (illustrative)

These adapt the Home Office's own examples.

Example 1: forgetting. A person's permission expired on 15 April 2023. They apply on 20 April and say they forgot, because they thought permission lasted another week. The application is inside 14 days and has a reason, but the guidance's example concludes that forgetting alone is not a good reason beyond the applicant's control. The overstay is not disregarded.

Example 2: hospital. Permission runs to 31 March 2023. The person is admitted to hospital on 25 March for emergency surgery and stays in recovery past the expiry. They apply on 3 April with an explanation and medical records. The application is within 14 days, the reason is beyond their control and evidence supports it, so the period of overstaying is disregarded. The guidance adds a warning: they still do not get 3C leave, and until a decision they have no right to work or rent and would be directly chargeable for NHS treatment.

Example 3: a rejected application. A person applies in time on 4 May, before permission expires on 10 May, but does not pay the fee. The Home Office rejects the application on 8 August. They apply again on 12 August, within 14 days of the rejection. SUI 13.1(b) applies, and the guidance's example treats the period from the rejection to the new application as disregarded.

Example 4: a longer gap. A person's permission ended several months ago and they now want to apply to stay. No 14-day exception applies. The guidance's starting point is refusal, with discretion in exceptional or compassionate circumstances authorised at a senior grade. Leaving does not remove the history: an overstay longer than 30 days that began on or after 6 April 2017 is not disregarded under SUI 11.5 for a later entry clearance application, even if the person leaves voluntarily at their own expense, and the 12-month period in SUI 12.1 would then apply.

Finding a regulated adviser

Overstaying cases depend on exact dates, the reasons for the gap and the route you want to use, and the wrong step can create a longer bar. People often ask a regulated adviser to check the dates and the Rules before they apply or travel. The Migratio directory lists IAA-registered advisers (with their level) and SRA-regulated solicitors, each with their regulator and registration number so you can check them on the official register. Migratio is not regulated by the IAA or the SRA and does not give immigration advice. This page explains how the rules work in general; it does not tell you what to do in your own case.

Questions people ask

What counts as overstaying in the UK?

Remaining in the UK after your permission has expired. The Home Office guidance says an individual should either apply for further permission to stay or leave before expiry. An in-time application extends leave under section 3C of the Immigration Act 1971 until it is decided.

Can I apply after my UK visa expired?

Part Suitability SUI 13.1 says you will not be treated as an overstayer if the application was made within 14 days of your permission expiring and there was a good reason beyond your control, or within 14 days of an in-time application being refused or rejected, or of a review or appeal ending. Forgetting alone is not treated as a good reason.

Can I work or rent a home while I am an overstayer?

No. The Home Office guidance says an applicant who has no permission while their application is pending has no permission to work, privately rent, or access benefits and social care in the UK. This applies even if the application was made within the 14-day window.

How long is the ban if I overstay and then leave?

Under SUI 12.1 it is 12 months if you leave voluntarily at your own expense, 2 or 5 years if you leave voluntarily at public expense, and 10 years if removed at public expense or if you used deception. An overstay of 30 days or less (began on or after 6 April 2017) is disregarded if you leave voluntarily and not at public expense.

Is overstaying a criminal offence in the UK?

Section 24(C1) of the Immigration Act 1971 makes it an offence for a person with limited leave to knowingly remain beyond the time limited by the leave. The penalties include a fine or imprisonment, and up to 4 years on conviction on indictment.

Does overstaying affect indefinite leave to remain?

On the long residence route, time after permission ran out does not count towards the 10 years. On the Skilled Worker settlement route, Rule SW 20.2 says the applicant must not be in breach of immigration laws, but a period covered by the overstayer exceptions is disregarded.

Sources

Last checked 2026-10-09.

Related guides

  • Section 3C leave: your status while a decision is pending — If you apply to extend or change your UK leave before it expires, section 3C of the Immigration Act 1971 extends that leave on the same conditions until the application is decided, and while an appeal or administrative review is possible or pending. It does not apply to late or invalid applications, and it ends if you leave the UK.
  • Administrative review of a UK visa refusal — Administrative review is a Home Office check of whether a refusal was caused by a caseworking error. It costs £80 and must be requested online within 14 days if you were in the UK, 28 days if you applied from outside, or 7 days if detained. It only covers routes listed in Appendix AR, usually ignores new evidence, and GOV.UK says results can take 12 months or more.
  • UK visa refused: appeal, administrative review or reapply? — Your refusal letter says whether you can ask for an administrative review (£80; 14 days in the UK, 28 days outside, 7 if detained) or appeal to the First-tier Tribunal (£82 or £144; 14 or 28 days). Appeals are only for refused protection or human rights claims and a few other decision types. Making a new application withdraws a pending administrative review.
  • ILR refused: what happens to your status — Refusal of indefinite leave to remain (ILR) does not by itself tell you how long you can stay: that depends on whether your current permission has expired and whether you applied before it did. If you did, section 3C of the Immigration Act 1971 extends your leave while a review or appeal could be brought or is pending. A new application made within 14 days of the refusal, or of the review or appeal window ending, is not treated as overstaying (SUI 13.1).
  • British citizenship refused on good character grounds — Good character is a legal requirement for naturalisation. The Home Office guidance (version 7.0, 30 April 2026) lists what normally leads to refusal: a custodial sentence of 12 months or more, deception, illegal entry and some recent immigration breaches. There is no right of appeal; you can ask for reconsideration (form NR, £513) or make a new application with a new fee.
  • Questions to ask an immigration adviser before you pay — Before you pay, a UK immigration adviser should be able to show you their registration, their level, a fee scale and a written client care letter. IAA advisers must invoice you, give a receipt, keep money paid in advance in a separate client account, and wait seven days after an invoice before taking a pre-authorised card payment.