Overstaying your immigration permission in the UK
If someone’s immigration permission expires, but they do not leave the UK, they become an ‘overstayer’ who is in the UK illegally. This can have very serious consequences (see below). Here is how to avoid becoming an overstayer if the Tier 4 application you make in the UK is refused.
My immigration permission expired while my application was with the Home Office
You are not an overstayer. Your immigration permission was automatically extended while your Tier 4 application was pending, and it is now further extended until the deadline for you to submit an application for Administrative Review. You must submit an Administrative Review (or leave the UK) before the deadline. If you submit an Administrative Review, your immigration permission will be further extended until the Administrative Review is decided.
My immigration permission is still valid
You must either submit an Administrative Review, or make a new Tier 4 application, or leave the UK before your current immigration permission expires.
If you choose to submit an Administrative Review, and your immigration permission expires before you get the decision, you will become an overstayer until and unless your application for Administrative Review is successful.
Overstaying has serious consequences:
- You do not have immigration permission that allows you to study, so the university will set your student status to interrupt.
- The University will not issue you with a CAS to make a further immigration application in the UK.
- From 6 April 2017, if you overstay for more than 30 days, any new immigration application you make to return to the UK will normally be automatically refused for 12 months from the day you leave the UK. If you are unsure when your period of overstay began please contact a Welfare Adviser.
- If you overstayed more than 90 days and your period of overstay began before 6 April 2017, any new immigration application you make to return to the UK will normally be automatically refused for 12 months from the day you leave the UK. If you are unsure when your period of overstay began please contact a Welfare Adviser.
- You are in the UK illegally and if the police become aware of your situation, you could be detained, imprisoned and/or fined.
- You no longer have the right to undertake any type of work (paid or unpaid)
- You would have to pay for non-emergency NHS hospital treatment
- You would need to declare your overstay in any future UK immigration application that you make. Any period of overstaying could cause problems with future immigration applications
- You may also need to declare your period of overstaying if you make an immigration application to travel to another country
- You may be required to report to an Immigration Office every two weeks
- You will not have a right to rent, which means that you will not be able to enter into a new tenancy agreement with certain types of landlords
- Anyone who is in the UK as your Tier 4 Dependant will be in the same position regarding all of the above.
It is important to understand that there is no “grace period” for overstaying. This is a misunderstanding of a separate provision whereby an overstayer can make some types of new immigration application in the UK within 14 days of becoming an overstayer. They remain an overstayer throughout, and moreover QMUL cannot issue a CAS for such an application.
Law, regulations and policies can change quickly. The information on our website is given in good faith and has been carefully checked but QMUL cannot accept responsibility for any errors or omissions. QMUL is not responsible for the content or reliability of the linked websites which are provided for further information.