Re-entering the UK after Tier 4 visa expires
My visa expires tonight. I initially thought that I could overstay and leave as I planned (tickets bought) on the 21st of August from London to Canada (my home country).
Then I read online that becoming an overstayer could make me ineligible for visas for a year. That wouldn’t work: I’m supposed to be a postdoc at KCL for the next two years (I need to apply for the visa from Canada) and to teach from October.
So I took the first night bus to Paris. (I know, I should have planned this.) I would like to come back to the UK as a visitor for the next couple of weeks before flying back to Canada. Is this possible? I could prove to the border officers that I have a ticket to go back home. I want to avoid at all cost being on a blacklist that would make it hard for me to secure a visa for next year.
TLDR; I’m not an overstayer, my visa is expired, I am Canadian, I would like to go back to the UK for two weeks (not to work or study). Can I?
What do you think? Do you have relevant experience?
All best, Simon
Best Answer
No one can accurately predict what will happen during your landing interview. You’re potentially a bigger flight risk because you've clearly built up a life in the UK; on the other hand what you are proposing is not against UK Immigration Rules https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-v-visitor-rules and your citizenship is probably a point in your favour.
In comments you gave some possible reasons for your wish to return. Having a legitimate premise to show you are a genuine visitor and being able to articulate it convincingly is important. Presumably you can prove sufficient funds and will stay with your partner, so your accommodation is sorted, and you already have your flight back to Canada booked.
The usual advice in these situations is ‘if in doubt, get a visa’. Clearly this isn’t possible in your case since your planned return date to Canada is so close. Overall, although there’s always a risk that you could be denied entry, it is probably a small one. The 100% safe choice given your postdoc plan would be to fly home to Canada from France.
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Can I come back to the UK after my visa expires?
If you applied for a new visa before your old one expired, you can stay in the UK until you get a decision. If your application is valid you won't be an overstayer. The Home Office can refuse your application if you: overstayed for longer than 14 days - even if you had a good reason.How do you stay back in the UK after Student visa expires?
Student Visa extensionHow long can I stay in the UK after my Tier 4 visa expires?
When must you leave the UK?Course lengthAdditional months granted at end of course12 months or longer4 months after course end date6 months - 12 months2 months after course end dateMasters courses covered by the Tier 4 Pilot (if you applied for your student visa prior to 5 October 2020)6 months after course end date2 more rowsWhat happens if I stay in UK after my visa expires?
If your visa has expired, you have 30 days to leave the UK voluntarily at your own expense before you face a ban on re-entry. Alternatively, you may seek to rely on the 14-day rule. Changes to the Immigration Act and law on overstaying are likely to take effect in 2022.UK VISA EXPIRING AND UNABLE TO LEAVE THE UK | WHAT HAPPENS IF UK VISA EXPIRE?
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