UK visa overstay exceptions
I overstayed my youth mobility visa by 18 days, before returning home to NZ. It’s been 6 months and I want to return to the UK, just for a few weeks, as a tourist. I’m just nervous that I’ll get to the immigration desk and be refused entry because I overstayed my previous visa. Hope someone can give me some advice!
Best Answer
Unlike Tier 2 visas, Tier 5 Youth Mobility visas don't have a mandatory cooling off period. In principle you are free to come back as soon as you want. However, as this other excellent answer notes, returning to the UK soon after the end of your Tier 5 visas can be problematic. Even absent your overstay, the border officer might have some concerns about a return so soon after the end of your youth mobility visa. They may suspect that you are trying to build a life in the UK.
Per the immigration rules, since you overstayed for less than 30 days, you aren't subject to an automatic ban. However, an overstay will still be taken into account when the border officer is deciding whether to admit you. The overstay means that your credibility is damaged. Combined with the quick return after the end of your Tier 5 visa, and the best case scenario for you is an intensive grilling at the border. It might be best to put off this trip for a year or two.
You haven't said whether you are currently employed, or in education. If you are unemployed at the moment, you are at serious risk of being refused entry. UK border officers tend to think that the young and unemployed are at the biggest risk of overstaying (on the basis that this means there is nothing "tying" you to your home country).
If and when you decide to go ahead, you would be best advised to apply for a standard visit visa before returning to the UK, rather than relying on visa-free travel. Getting a visa refusal is far less uncomfortable than being refused entry. If you're unemployed, put off the trip until your circumstances change. It should go without saying, but you must disclose the full details of your previous visit on the application. The Home Office know you overstayed. If you try and hide it they will catch you.
If you do decide just to chance it at the border, bring lots of evidence of your employment/studies, a detailed itinerary, return tickets, and evidence of your healthy finances.
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What happens if I overstay my visa in the UK?
If you don't leave voluntarily within 30 days of your visa or leave expiring, you could be deported. Check what to do if you're going to be deported. If you leave after 30 days, you could be banned from re-entering the UK for between 1 and 10 years.Can I come back to UK if I overstayed?
Proposed changes to the rules on overstaying in 2022 are set to increase the maximum prison sentence from six months to four years for knowingly overstaying in the UK. If your period of overstay exceeds the 90 day limit, you will more than likely face an exclusion on re-entering the UK for at least one year.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.What happens if you overstay UK?
Technically, under section 24 of the Immigration Act 1971, any period of overstaying in the UK is a criminal offence punishable by fine or imprisonment. You may be able to benefit from the 14 day grace period if you have a \u201cgood reason\u201d for making a late immigration application.What if you overstay on your UK Visit Visa?
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