ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Overstaying graduate visa for less than 30 days

Only for UK Student Visas, formerly known as Tier 4 (General) student visa

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

Locked
breadless
Newly Registered
Posts: 1
Joined: Tue Dec 12, 2023 8:43 pm
United Kingdom

Overstaying graduate visa for less than 30 days

Post by breadless » Tue Dec 12, 2023 9:33 pm

In many places it is mentioned that you have 30 days to leave the UK after the expiry of your visa. The origin of this seems to be section 9.8.5 here: https://www.gov.uk/guidance/immigration ... or-refusal
9.8.5. A period of overstaying will be disregarded for the purpose of paragraph 9.8.4. (a) where the person left the UK voluntarily, not at the expense (directly or indirectly) of the Secretary of State, and:

(a) the person overstayed for 90 days or less, where the overstaying began before 6 April 2017; or
(b) the person overstayed for 30 days or less, where the overstaying began on or after 6 April 2017; or
(c) paragraph 39E applied to the period of overstaying.


So my understanding of this is that within this 30 day period, you would be overstaying and technically in breach, but as long as you leave voluntarily within those 30 days it would not have any consequences as far as future visa applications are concerned. Is that the right interpretation?

What I'm wondering is if there are any other potential consequences? One thing on my mind here is citizenship applications, I did not find any clear informations on this, although my current interpretation is that as long as ILR can be acquired based on qualifying period in the future, it would be fine.

User avatar
Frontier Mole
Respected Guru
Posts: 4449
Joined: Tue May 06, 2008 12:03 am
European Union

Re: Overstaying graduate visa for less than 30 days

Post by Frontier Mole » Tue Dec 12, 2023 11:12 pm

If you overstay for any period of time, you have overstayed. Is it ignored, no, it can back and haunt you.

User avatar
Frontier Mole
Respected Guru
Posts: 4449
Joined: Tue May 06, 2008 12:03 am
European Union

Re: Overstaying graduate visa for less than 30 days

Post by Frontier Mole » Tue Dec 12, 2023 11:20 pm

Sorry didn’t get to finish the previous post.

You are looking at the rules post refusal of an extension to leave.

In general terms a period of 14 days could be ignored but that is a discretionary period and designed primarily for a new visa to be applied for. It is not an additional period of time to the end of a period of leave just for the sake of it.

User avatar
Frontier Mole
Respected Guru
Posts: 4449
Joined: Tue May 06, 2008 12:03 am
European Union

Re: Overstaying graduate visa for less than 30 days

Post by Frontier Mole » Tue Dec 12, 2023 11:28 pm

Sorry didn’t get to finish the previous post.

You are looking at the rules that outline the mandatory refusal if you overstay. Periods of overstay are ignored in general terms for shorter periods but even overstaying for one day can give grounds for a refusal.

If you want to guarantee you don’t blemish your immigration history just don’t overstay

Locked