Overstaying is stressful, and the right next step depends on a few facts: how many days it has been, whether you applied in time, and what ties you have to the UK. This guide helps you work out where you stand.
Step 1: Work out exactly how long you have overstayed
Your overstay starts the day after your permission to stay ended. Find the end date on your visa, your BRP, or in your online UKVI account, and use the calculator to count the days. The exact number matters because the rules change at 14 and 30 days.
Step 2: Check whether you are actually an overstayer
You may still have permission if:
- You applied to extend or change your permission before it expired and the application is still being decided. See Section 3C leave.
- You have appealed or asked for an administrative review of a refusal, within the time limits, and your permission continues during that process.
- The Home Office extended or changed your permission and you have not yet updated your record. Check your UKVI account.
Step 3: Check the 14-day and 30-day rules
- Up to 14 days: a late application for new permission can be accepted if you had a good reason beyond your control. See the 14-day rule.
- Up to 30 days: leaving the UK voluntarily at your own expense means no re-entry ban. See UK re-entry bans.
Step 4: Understand your realistic options
The options depend on your circumstances, but usually fall into these groups:
- Apply for new permission. Possible in some situations: for example within the 14-day rule, or on the basis of family or private life where you meet the legal tests. Many routes require you not to be an overstayer, so this is a place where advice matters.
- Leave voluntarily and later apply from abroad. The length of any ban depends on how long you overstayed and who pays for your departure.
- Do nothing. This is not a safe option. The overstay keeps growing, you cannot lawfully work or rent, and enforcement can lead to removal, which brings the longest bans.
Step 5: Get regulated advice
Only a solicitor or an adviser regulated by the Office of the Immigration Services Commissioner (OISC) can lawfully give immigration advice. You can check them on the SRA register or the OISC finder. Citizens Advice offers free immigration advice and can point you to local help. Legal aid is limited for immigration cases, but some organisations work for free or low cost.
Things to avoid
- Unregulated agents who promise guaranteed outcomes or ask for large cash payments.
- False information or documents. Deception brings a 10-year ban and can be a crime.
- Working without permission. It is an offence and can ruin a later application.
- Leaving without understanding the ban that will follow. Once you leave, you cannot undo it.
What to gather before you speak to an adviser
- Your passport and any BRP, visas, and refusal or approval letters
- The exact dates your permission started and ended
- Any application receipts, reference numbers and emails from the Home Office
- Evidence of family or private life in the UK, if relevant
- A short timeline of what happened and why you stayed