UK visa application for a person who had overstayed earlier

UK visa application for a person who had overstayed earlier - Woman Writing on a Notebook Beside Teacup and Tablet Computer

About 3 years back my parents, both Indian citizens visited my sister, a UK citizen. About a week before they were supposed to return, my father was hospitalised. The Visa was was about to expire in 2 weeks and my sister applied for a renewal of visa, citing the reason that

1) my father is not in a position to travel ( backed up by supporting letters of his treating doctors) and

2) my mother needs to be with my father for any assistance.

Subsequently, after close to a months hospitalisation, my father passed away. Visa had expired by then. His funeral also was done in UK.

My mother could not return as her visa renewal application was still under process. His passing away was informed to the visa office and after about 2-3 months, my mother was asked to re apply once more as the original reason did not hold good anymore (since my father was no more). She re apllied and after considerable time (about 15 months from the original application), she was called for a hearing and her application was rejected.

She payed for her ticket and traveled back. I am told that she also got a letter (not sure from whom) which said that as my father's final resting place is in UK, she can visit again. Unfortunately this letter is lost now.

She is planning to travel soon so that she can be there for his anniversary.

Will she face any hurdles in getting the visa approved due to the overstay? Anything that needs to be done special during the application to indicate her overstay and return?

It will be a visiting visa (6 months)






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Can an overstayer apply for leave to remain UK?

Under certain circumstances, an overstayer in the UK is allowed to apply for leave to remain in the UK and succeed in the application despite being an overstayer. (ii) beyond the period that his leave was extended under sections 3C or 3D of the Immigration Act 1971.

Can overstayer apply for visa in UK?

Coronavirus - if your visa is ending and you can't extend your visa or leave the UK. If your visa expires before the end of June 2022, you need to ask for more time to extend your visa or leave the UK. This is called 'exceptional assurance'. Check how to apply for exceptional assurance on GOV.UK.

Can an overstayer become a British citizen?

The updated Home Office Policy Guidance makes absolutely clear that where someone has overstayed at any point in the 10 years before the application for British citizenship, they will likely be refused.

Can you get a visa after overstaying?

Yes, you can apply for a green card if you overstayed a visa. You can apply to become a green card holder from inside the United States (known as an adjustment of status) or abroad (through consular processing).



What if you overstay on your UK Visit Visa?




Sources: Stack Exchange - This article follows the attribution requirements of Stack Exchange and is licensed under CC BY-SA 3.0.

Images: Tirachard Kumtanom, Andrea Piacquadio, cottonbro, John Smith