An Overstayer is someone who arrived in the UK with valid leave to remain in the UK and then subsequently remained and overstayed in the UK. This is usually the case when someone may have arrived to the UK many years ago on a visitor visa or overstayed in a different visa category or did not enter the UK with a visa. If you have stayed beyond the expiry of your leave, this means you have overstayed or are an illegal entrant.
The simple answer is Yes. A overstayer in the UK is entitled to reguarlise their stay in the UK and make an application to the Home Office.
There are several situations where someone may have been in the UK and overstayed for many years and during this time have met someone or established private life or family life or have children in the UK.
During this time they have now become accustomed to the British way of life or there are change of circumstances since leaving their home country or may have lost family, social or cultural ties. If this applies to you, then the applicant has the right to apply to regularise status in the UK. He/she and any dependants should come forward for a application to the Home Office for leave to remain in the UK.
Depending on your circumstances, you will be required to provide documentary evidence in support of your application. The Home Office will consider your documents and it is important you get the right legal advice to show you meet the relevant criteria to increase your application being granted.
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Our Friendly Team of Immigration solicitors are experts in dealing with your application for regularise your Immigration status in the UK. We will help you every step of the way and deal with any concerns or questions from the outset you may have or what you need to do for your application for leave to remain in the UK to the Home Office.
If you already hold a visa in the UK or Home Office permission has expired, you may be considered as an overstayer.
The right to marry is covered pursuant to Article 12 of the ECHR. You would require a certified copy of your passport or a valid passport in order to give Notice to get married in the UK. You would also need to demonstrate that you are in a genuine and subsisting relationship your partner or civil partner.
If your application has been refused or appeal right has come to an end, resulting in you overstaying you would need to leave voluntarily within 30 days (sometimes shorter) or you could be deported. If you leave after 30 days you can face a re-entry ban between 1 to 10 years.
This depends on the nature of the application that is being made. It is important you seek advice before submitting an application for leave to remain as a Overstayer.
At present there are no plans for the UK Government to introduce a amnesty in the UK for overstayers.
The rules were changed on 9th July 2012, previously if you had lived in the UK for 14 years you could apply for indefinite leave to remain in the UK. However, if you have lived in the UK for 20 continuous years then you can apply for leave to remain in the UK. You may also apply based on your private life if you have lived in the UK for less than 20 years.
An overstayer does not permit the right to work or study in the U.K. without having valid visa leave by the Home Office.
