UK Visa and Immigration Applications after Overstaying in the UK

: Written by: Arshad Mahmood; Last Updated: 25 January 2026

Under certain circumstances, an overstayer in the UK may apply for leave to remain and succeed despite being an overstayer.

An overstayer is a person who has remained in the UK beyond the expiry date of their leave to remain without applying for an extension. According to paragraph 6 of the Immigration Rules, “Overstayed” or “Overstaying” means the applicant has stayed in the UK beyond the latest of:

(i) the time limit attached to the last period of leave granted, or
(ii) beyond the period his leave was extended under sections 3C or 3D of the Immigration Act 1971.

Any applicant applying for leave to remain must not have remained in the UK after the expiry of their original grant of leave on the date of their application. Remaining in the UK after the leave has expired is commonly known as overstaying.

The Immigration Rules do, however, recognise that in some limited circumstances a short period of overstaying may be unavoidable and should be disregarded in the consideration of an application. Overstaying, which falls outside of these exceptions, as set out in the Immigration Rules, will result in the refusal of an application.

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What is the Process to Apply for Leave to Remain as an Overstayer?

The step-by-step process to apply for leave to remain as an overstayer is as outlined below:

Complete the online application form on the UKVI website.
Submit the completed application online by paying the Home Office UKVI fees (unless applying with a fee waiver), including the application fee and the Immigration Health Surcharge (IHS).
Book your biometrics appointments with TLSContact by creating an account on the TLSContact web portal.
Upload all the supporting documents online before the biometrics enrolment appointment date.
Attend your biometrics enrolment appointment. You should take your passport and your biometrics appointment letter with you to your biometrics appointment.
Wait for a decision on the application.

Exceptions for Overstayers: Applying Within 14 Days of Overstaying

The Immigration Rules do recognise that in some limited circumstances, a short period of overstaying may be unavoidable and should be disregarded during consideration of an application. Overstaying, which falls outside of these exceptions, as set out in the Immigration Rules, will result in the refusal of an application.

The Exceptions for overstayers section of Part Suitability (SUI 13.1.) of the Immigration Rules determines when a period of overstaying may be disregarded.

Paragraph SUI 13.1 of Appendix Suitability of the immigration rules states as follows:

‘This paragraph applies where:

The application was made within 14 days of the applicant’s permission expiring, and the Secretary of State considers that there was a good reason beyond the control of the applicant or their representative, provided in or with the application, why the application could not be made in-time; or
The application was made:
- following the refusal or rejection of a previous application for permission which was made in-time; and
- within 14 days of:
- the refusal or rejection of the previous application for permission; or
- the expiry of any permission extended by section 3C of the Immigration Act 1971; or
- the expiry of the time-limit for making an in-time application for administrative review or appeal (where applicable); or
- any such administrative review or appeal being concluded, withdrawn or abandoned or lapsing; or
The period of overstaying was between 24 January and 31 August 2020; or
Where the applicant has, or had, permission on the Hong Kong BN(O) route and the period of overstaying was between 1 July 2020 and 31 January 2021; or
The period of overstaying:
- is between 1 September 2020 and 28 February 2023; and
- is covered by an exceptional assurance. For the purpose of paragraph SUI 13.1(e)(ii), “exceptional assurance” means a written notice given to a person by the Home Office stating that they would
  not be considered an overstayer for the period specified in the notice.

Prior to 24 November 2016, the Immigration Rules provided a 28-day grace period for individuals who had overstayed to regularise their status in the UK. However, the Immigration Rules were amended to abolish the 28-day grace period and instead provide for a 14-day period for which overstaying is disregarded.

Applying Within 14 Days of an Application Being Rejected as Invalid

On 9 November 2022, SUI 13.1.(b) in Part Suitability was amended to make it clear that a short period of overstaying can be disregarded if a subsequent application is made within 14-days of a previously in-time application being rejected as invalid.

This change makes it clear that the rejection of a previous application, rather than just a decision to refuse, falls within the scope of SUI 13.1. The change was made following the Court of Appeal's findings in R v Secretary of State for the Home Department [2021] EWCA 1909 (IAC). The Court found that a refusal and subsequent notification of a previous application would fall within the scope of paragraph SUI 13.1. Therefore, a period of overstaying of up to 14 days from the date the notice of invalidity is served should also be disregarded in permission to stay applications.

Covid Extension Concession and Exceptional Assurance

Paragraph SUI 13.1.(c) was added to the Immigration Rules on 22 October 2020. The effect is to disregard any overstaying between 24 January and 31 August 2020. Paragraphs SUI 13.1.(f) and SUI 13.2. were subsequently added to the Immigration Rules on 4 April 2024 to account for the exceptional assurance. Exceptional assurance offered individuals a short-term protection against any adverse action or
consequences after their permission had expired, where they were unable to leave the UK due to the COVID-19 pandemic and travel restrictions.

Paragraph SUI 13.1 (f) was added to the Immigration Rules so that overstaying during periods where the person held an exceptional assurance, or short-term assurance, will be disregarded and will not break continuous residence. However, it will not count as lawful presence towards any qualifying period (for example, settlement).

Paragraph SUI 13.2. then sets out what is considered to be an exceptional assurance by specifying the form it must have been given to an individual.

Calculating the Date the Period of Overstaying Begins

The 14-day period in which a subsequent application can be made is calculated from the latest of either the:

Last day of the individual’s latest grant of permission to stay
End of any extension of the individual’s permission under section 3C or section 3D of the Immigration Act 1971

The Home Office UKVI will take into account any variation on the duration of permission, such as a cancellation or curtailment decision. The first day after the migrant’s permission has expired will be the start of the 14-day consideration period. This is unless the migrant has submitted an in-time application, which has not been decided before their permission expires.

As detailed above, overstaying is also disregarded, and applications can be made during the following periods of overstaying:

overstaying between 24 January and 31 August 2020
overstaying where the applicant has, or had, permission on the Hong Kong BN(O) route,
overstaying between 1 July 2020 and 31 January 2021
overstaying where the period of overstaying is between 1 September 2020 and 28 February 2023, and is covered by an exceptional assurance

Migrant’s status following submission of an application within 14 days of overstaying

Once an individual’s permission has expired, they become an overstayer and no longer benefit from any condition/s that were attached to their previous permission. As set out in Section 3C leave UKVI guidance, Section 3C of the Immigration Act 1971 does not apply to applications made after permission has expired.

The submission or consideration of an application within the 14-day period set out in Exceptions for overstayers in Part Suitability does not mean the migrant’s previous permission and the conditions that were attached to that permission are either reinstated or extended. Therefore, an applicant without valid permission at the point they submit their application continues to be an overstayer from the point their permission expired, and throughout the period their application is pending. As the applicant has no permission during the period their application is pending, they have no permission to work, privately rent, or access benefits and social care in the UK.

Any employer found employing a person who does not have permission to work in the UK may be liable to a civil penalty for employing an irregular worker under section 15 of the Immigration, Asylum and Nationality Act 2006 (the 2006 Act). An employer also commits a criminal offence under section 21 of the 2006 Act if they knowingly employ an irregular worker and may face up to 2 years’ imprisonment
and/or an unlimited fine if the case is dealt with at the Crown Court.

Considering Good Reasons Beyond the Control of the Applicant

Exceptions for overstayers in Part Suitability allow short periods of overstaying to be disregarded if an application was submitted within 14 days of the individual’s leave expiring and there was a good reason beyond the control of the applicant or their representative why the application could not be made in time. An explanation of why the application could not be made in-time should be provided
as part of or alongside the application. An explanation should also be supported by evidence.

When considering whether Exceptions for overstayers apply to an individual’s circumstances, caseworkers must give thought to:

the plausibility of the reasons
whether the reason was genuinely outside the applicant’s control or whether the applicant is describing difficulties that could realistically have been surmounted
The credibility of the evidence provided

Caseworkers must decide each case on its merits, but non-exhaustive examples of reasons that might be considered beyond the control of applicants are:

The applicant was admitted to the hospital for emergency treatment (evidenced by an official letter verifying the dates of admission and discharge and the nature of the treatment)
A close family bereavement (evidenced by a copy of the death certificate)
An educational institution was not sufficiently prompt in issuing a Confirmation of Acceptance for Studies (CAS)

Discretion for Disregarding Overstay of More Than 14 Days

Caseworkers may be able to exercise discretion under exceptional or compassionate circumstances where the application was submitted after the 14-day period set out in Exceptions for overstayers. For example, where an individual was unable to apply to extend their stay in the UK due to a serious illness or a medical condition that went beyond 14 days.

If a caseworker decides to use discretion, it must be authorised by a caseworker at Higher Executive Officer (HEO) grade or above. In these circumstances, a caseworker must grant permission under the rules, with the same duration and conditions as a normal grant of permission under the rules attached to it. The decision letter must make it clear that permission is being granted because the migrant met all other requirements of the route, and the caseworker has accepted that there were exceptional circumstances which prevented the applicant from making an in-time application.

Armed Forces Cases

Non-UK members of HM Armed Forces (including Foreign and Commonwealth members and Gurkhas) are exempt from immigration control whilst serving. They can apply for settlement under Immigration Rules Appendix HM Armed Forces up to 18 weeks prior to discharge. The Ministry of Defence (MoD) are required to notify the Home Office (HO) of the date when a non-UK member of HM Armed Forces is discharged, dismissed or retiring from service. 28 days' permission to stay (PtS) will then be granted to allow for submission of a settlement application. Where the Home Office UKVI have not been notified of the date a non-UK member of HM Armed Forces is being discharged, dismissed or retiring from service, the 28-day permission to stay must be granted as soon as the Home Office UKVI are made aware that they are no longer a serving member of His Majesty's (HM) Armed Forces.

The 14-day period can only begin on the day after the 28-day permission to stay has expired.

Exceptional Circumstances

For armed forces cases, exceptional circumstances which may justify exercising discretion include reasons which directly relate to the individual’s armed forces service or medical discharge. For example:

Deployment abroad at short notice
The commanding unit have retained or lost their service personnel’s documents
Delay in obtaining medical information related to discharge

Dependents of HM forces members should generally be treated in the same way as any other migrant in the immigration system when it comes to consideration of Exceptions for overstayers. If dependents do not fall within the Exceptions for overstayers, Home Office UKVI will consider whether exercising discretion is appropriate.

Immigration Applications Which are Not Affected by Overstay of any Number of Days

Certain immigration applications for leave to remain can be made to the Home Office UKVI regardless of the number of days the applicant has overstayed in the UK. The overstay in such cases does not affect the application.

Various applications which can be made to the Home Office UKVI by overstayers (regardless of how long they have overstayed) are as follows:

Applying for Leave to Remain Where the Applicant Has Overstayed for More Than 14 Days

The Home Office UKVI can refuse your application for leave to remain if you have overstayed for more than 14 days and do not meet the requirements of paragraph 39E of the Immigration Rules as required by the relevant Immigration Rules governing the grant of leave to remain. However, the UKVI can exercise discretion in disregarding overstays where the applicant was prevented from making an in-time application due to circumstances beyond the applicant's control.

The UKVI would normally decide each case on its merits, but examples of reasons that might be considered beyond the control of applicants are:

The applicant was admitted to the hospital for emergency treatment (evidenced by an official letter verifying the dates of admission and discharge and the nature of the treatment)
• a close family bereavement
An educational institution was not sufficiently prompt in issuing a Confirmation of Acceptance for Studies

If you have overstayed more than 14 days and this was due to circumstances which prevented you from making an in-time application, we can provide the required legal help and assistance with your application for leave to remain and argue that discretion should be exercised by the Home Office UKVI in your favour in disregarding the overstay.

Specialist Immigration Solicitors for Overstayers

Our immigration solicitors are specialists in applications for overstayers. As one of the best immigration solicitors, we have an excellent track record of helping clients obtain leave to remain in the UK as overstayers. Our highly experienced and fully qualified immigration solicitors can provide fast, friendly, reliable, and fixed-fee immigration advice and legal representation for your application for leave to remain as an overstayer.

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