Overstaying means remaining in the UK after your permission to be here has expired. A person who does this is called an overstayer. It is a criminal offence under section 24 of the Immigration Act 1971, an overstayer loses the conditions of the old permission, and the period can affect later applications for entry clearance or permission.
Key points
- A person becomes an overstayer once their permission ends, unless an in-time application extends it under section 3C of the Immigration Act 1971.
- The Immigration Rules disregard a short period of overstaying only in set cases, such as an application made within 14 days with a good reason beyond your control.
- An overstayer who applies within the 14 days still has no permission to work, privately rent or access benefits while the application is pending.
- A past period of overstaying can lead to a refusal of a later application. Re-entry bans of 12 months, 2 years, 5 years or 10 years can apply.
- For the breach rule, an overstay of 30 days or less beginning on or after 6 April 2017 is disregarded if the person left voluntarily, not at public expense.
How overstaying works
Overstaying is staying in the UK after your permission has expired. UK Visas and Immigration (UKVI) guidance says a person becomes an overstayer if they remain in the UK beyond the period of their leave, and that this is a criminal offence under section 24 of the Immigration Act 1971.[3]UK Visas and Immigration, 3C and 3D leave: caseworker guidance
Before your permission ends you should apply for more permission or leave the UK. Staying on after it ends is overstaying.[1]UK Visas and Immigration, Applications from overstayers: caseworker guidance An application made in time can extend your existing leave while it is decided. That is called section 3C leave, and it does not make you an overstayer.[3]UK Visas and Immigration, 3C and 3D leave: caseworker guidance
Once your permission has expired, you become an overstayer and you no longer benefit from the conditions attached to your previous permission.[1]UK Visas and Immigration, Applications from overstayers: caseworker guidance
The 14-day exception
The Immigration Rules recognise that a short period of overstaying may be unavoidable. Part Suitability, paragraph SUI 13.1, says an applicant will not be treated as an overstayer in these cases:[2]Home Office, Immigration Rules: Part Suitability
| Case | What the Rules say |
|---|---|
| Application within 14 days, with a good reason | The application was made within 14 days of permission expiring, and the decision maker considers there was a good reason beyond the control of the applicant or their representative why it could not be made in time |
| Application after a refusal or rejection | A previous in-time application was refused or rejected, and the new application was made within 14 days of the refusal or rejection, the end of any section 3C leave, the end of the time limit for an administrative review or appeal, or the end of such a review or appeal |
| Covid-19 period | The overstaying was between 24 January and 31 August 2020 |
| Hong Kong BN(O) route | The person has or had permission on that route and the overstaying was between 1 July 2020 and 31 January 2021 |
| Exceptional assurance | The overstaying was between 1 September 2020 and 28 February 2023 and covered by a written exceptional assurance |
The UKVI guidance gives examples of reasons that might be beyond the applicant’s control. They include emergency hospital admission, a close family bereavement and an education provider not being quick enough to issue a Confirmation of Acceptance for Studies. The applicant must give the explanation with the application and support it with evidence.[1]UK Visas and Immigration, Applications from overstayers: caseworker guidance
The 14 days run from the day after the permission ends, or after the end of any section 3C leave.[1]UK Visas and Immigration, Applications from overstayers: caseworker guidance Before 24 November 2016 the rules allowed a 28-day grace period, which was replaced by this 14-day period.[1]UK Visas and Immigration, Applications from overstayers: caseworker guidance
What an overstayer cannot do
Applying within the 14 days does not bring the old permission back. The guidance says that submitting or considering the application does not mean the previous permission and its conditions are reinstated or extended. The applicant continues to be an overstayer while the application is pending, and has no permission to work, privately rent or access benefits and social care.[1]UK Visas and Immigration, Applications from overstayers: caseworker guidance
The guidance also notes that an employer who employs someone without permission to work may be liable for a civil penalty, and a landlord should check the tenant’s right to rent. See right to work check and right to rent check.[1]UK Visas and Immigration, Applications from overstayers: caseworker guidance
Effect on later applications
Part Suitability treats an adult as having breached immigration laws if they overstayed, unless an exception applies. An application for entry clearance or permission to enter must be refused if the person previously breached immigration laws and applies within the relevant period. Other applications may be refused on this ground.[2]Home Office, Immigration Rules: Part Suitability
A period of overstaying is disregarded for this purpose if the person left the UK voluntarily, not at the expense of the Secretary of State, and either overstayed for 90 days or less where overstaying began before 6 April 2017, or for 30 days or less where it began on or after that date, or the 14-day exception applied.[2]Home Office, Immigration Rules: Part Suitability
The relevant periods, sometimes called re-entry bans, run from the day the person left the UK:[2]Home Office, Immigration Rules: Part Suitability
| Time period | Applies where the person |
|---|---|
| 12 months | Left voluntarily at their own expense |
| 2 years | Left voluntarily at public expense within 6 months of notice of liability for removal or when they no longer had a pending appeal or administrative review, whichever is later |
| 5 years | Left voluntarily at public expense more than 6 months after that point |
| 10 years | Was removed at public expense, or used deception in an application |
See also suitability requirements.
Example
Daniel’s permission ended on 1 March. His hospital admission and discharge dates, shown in an official letter, explain why he could not apply earlier. He applies on 10 March, within 14 days. Under SUI 13.1(a) the decision maker considers whether there was a good reason beyond his control. While the application is pending he is still an overstayer, so he has no permission to work.
Another person, Mei, overstayed for 20 days beginning in 2023 and left the UK voluntarily at her own expense. For the purposes of the breach rule, that period of 30 days or less is disregarded.
A third person, an adult, overstayed for 45 days in 2023 and left at his own expense. That period is not disregarded. If he applies for entry clearance within 12 months of leaving, the Rules say the application must be refused on this ground.
What people get wrong
Many people believe that a late application restores their visa. It does not. If the application is made after permission has ended, the applicant remains an overstayer while it is decided and does not regain the old conditions.
The second common mistake is treating the 14 days as an automatic grace period. It is not. The earlier 28-day grace period was abolished, and the 14-day rule applies only where there is a good reason beyond the applicant’s control, or one of the other listed cases.[1]UK Visas and Immigration, Applications from overstayers: caseworker guidance A third mistake is thinking a short overstay has no effect after leaving. The 30-day disregard applies only where the person left voluntarily and not at the Secretary of State’s expense.[2]Home Office, Immigration Rules: Part Suitability
The bottom line
Overstaying starts when permission ends and no in-time application extends it. It is a criminal offence, it removes the old conditions, and it can lead to refusals and re-entry bans. The Immigration Rules disregard a short overstay only in set cases, such as an application within 14 days with a good reason beyond your control. Dates are decisive, so check exactly when your permission ends.
Common questions
You become an overstayer when your permission to be in the UK ends and you remain. The first day after your permission expires is the start of overstaying, unless an in-time application extends your leave under section 3C.
Part Suitability, SUI 13.1, disregards overstaying if you apply within 14 days of your permission ending and there was a good reason beyond your control that you could not apply in time.
No. GOV.UK guidance says that an applicant without valid permission when they apply continues to be an overstayer while the application is pending and has no permission to work, privately rent or access benefits.
Yes. GOV.UK guidance says a person becomes an overstayer if they remain in the UK beyond the period of their leave, and that this is a criminal offence under section 24 of the Immigration Act 1971.
It can. The Immigration Rules treat an adult who overstayed as having breached immigration laws, unless an exception applies. An application for entry clearance can then be refused, and mandatory refusal periods can apply.
Sources
We cite the Immigration Rules, legislation and GOV.UK guidance directly. Rules change, so each source shows the date we last checked it.
- UK Visas and Immigration. Applications from overstayers: caseworker guidance. Checked 11 November 2026. ↩
- Home Office. Immigration Rules: Part Suitability. Checked 11 November 2026. ↩
- UK Visas and Immigration. 3C and 3D leave: caseworker guidance. Checked 11 November 2026. ↩