ANSWER:
A UK Standard visitor visa usually allows a person to stay to a maximum of 6 months per entry. It is often a problem when a person stays for a period significantly longer than the period stated in the application form though the allowed maximum period is 6 months. If you present yourself as an employee coming to the UK to spend 3 weeks of your 1 month annual leave, and end up spending 6 months, you may have an uphill task to be granted another visa when you reapply, though you did not legally overstay.This is because the significant gap between the period stated in the application form and the period actually spent would raise credibility and trust concerns and the decision maker may be unwilling to exercise a discretion in favor of such an applicant.To stay beyond 6 months is to cross the red line. This can be treated as a crime, or a basis for a visa ban or for a removal.An overstay can be a punishable offense under Section 24 of the Immigration Act 1971.It can be a ground for a removal under Section 10 of the Immigration and Asylum Act 1999. Under Part Suitability of the Immigration Rules, a re-entry ban for a period of 10 years follows such removal. If an overstayer leaves on his own without being removed, he will face a re- entry ban period ranging from 12 months to 5 years, depending on the circumstances. No period of ban applies where the period of overstay is not more than 30 days although the Home Office would likely take this behaviour into account whenever the person makes another application.
It must be noted that a removal and deportation are not the same. A person who is deported remains under a perpetual re-entry ban unless the deportation order is either revoked or quashed. A person is liable for deportation only where he has been convicted of an applicable criminal offense or where the Secretary of State otherwise considers his conduct/character as not conducive to the public good.
A prudent visitor must endeavor not to overstay to avoid any of the stated consequences.
The question is often asked if there are circumstances that can render an overstay excusable. The answer is, yes, potentially, but such circumstances are very narrow indeed and what you may have in mind as a justification may likely not be acceptable.The public interest in immigration control would override any excuse that is not genuinely exceptional and the applicant bears the burden of proof.There is no list of what genuinely exceptional circumstances would be but case law supports the view that crippling unforeseen events, such as life -threatening medical emergencies, natural disasters, persecution, or other serious violations of non-derogable human rights can be arguable circumstances.
Where it is not reasonably practical to depart on time, it would be prudent to notify the Home Office as soon as possible and to consider to apply for an extension of your stay. The Home Office can grant an extension, even outside the immigration rules, in appropriate circumstances.
A smart move would be to avoid an overstay by leaving the UK. You may return again after a short period of absence. Caution must however be had so it would not seem that the visitor is surreptitiously taking undue advantage of the immigration rules. Any one applying to enter the UK as a visitor must satisfy the Home Office that he meets the genuine visitor requirement A critical part of the genuine visitor requirement is to satisfy the Home Office that you will not be living in the UK for an extended periods through frequent or successive visits or make the UK your main home.
In summary, a visa overstay should be avoided at all costs. However, in genuinely exceptional situations, it is possible to overcome its consequences, especially if an
experienced and competent immigration adviser takes charge of the process.
Eddie Onyeka
IAA Regulated Immigration Adviser.