Exceptions for overstayers

An overstayer is a migrant whose leave has expired but who is still in the UK. Such a person is on the wrong side of the law and they have minimal legal rights; they are not, for example, permitted to work. 

There is a general rule that an overstayer cannot submit an immigration application to the Home Office from within the UK but there are a few exceptions to this. For one thing, in some circumstances an overstayer might be able to submit an in-country family visa application. 

And for another thing a part of the immigration rules called Exceptions for Overstayers provides various other types of circumstance in which an overstayer can submit an in-country application.

These rules come in two main parts. The first part provides that a migrant who submits their application late, up to 14 calendar days, and if they can provide good reasons for the lateness, may have their application processed anyway – but the reasons must be strong. In this sort of situation the migrant will be submitting an application as an overstayer. 

The second part is quite different and it governs a situation where a migrant has submitted an in-time in-country visa application and it has been unsuccessful. The migrant may have the right to challenge the negative decision by way of either administrative review or appeal. If they challenge successfully then well and good. But if they challenge ultimately unsuccessfully they are given a different kind of 14-day window in which they can submit a fresh application as an overstayer, and they do not have to provide any special reasons for anything. 

This rule seems quite generous, and there is another rule which is similarly so. If the migrant for whatever reason does not challenge the negative decision they get a different 14-day window from the date of the expiry of the right to challenge and, in the same sort of way, within this 14-day window they can submit a fresh application as an overstayer without providing any special reasons. 

As we say, these rules are quite generous but they are in their entirety fairly complex, and this is a simplified version. If you have issues or enquiries about this area we at GSN Immigration can try and assist you. 

Oliver Westmoreland

Senior Immigration Lawyer