UK Immigration Solicitors
Cell : 07960 743 475
Email : info@zaidisolicitors.co.uk

My UK Visa Has Expired – Deportation UK

MY UK VISA HAS EXPIRED OR WILL EXPIRE SOON, WHAT SHOULD I DO?

Zaidi Immigration Solicitors provide an overview of a common UK immigration scenarios and discuss possible legal options under the UK immigration rules.

WHAT IS LIMITED LEAVE TO REMAIN?

This is when a person has temporary permission to stay in the UK

CAN I EXTEND MY LIMITED LEAVE TO REMAIN?

Possibly, however if you have entered the UK as a visitor, you are normally not allowed to stay beyond the six months period unless you can show exceptional circumstances. Also in certain circumstances it may be possible to switch to another immigration category

WHAT IF I AM AN OVERSTAYER AND HAVE NO LEAVE TO REMAIN, DO I NEED TO LEAVE THE UK?

If you remain in the UK after your visa has expired and you have not submitted an extension application to the Home Office or switched into another immigration category, you will become an overstayer. Please take note that overstaying is a criminal offence and may lead to prosecution and you may be required to leave the UK. If you fail to leave the country you may be liable for removal and detained at an immigration removal centre. However, it may be possible to apply for a human rights application or further leave to remain if you can show strong private and family life issues under article 8 of the ECHR and human rights act. For example, you may be married or in a relationship with a British national person for at least 2 years or you may have children with British nationality or settled status. Also your period of UK residence may be taken into account in support of your application

WHAT EVIDENCE SHOULD I PROVIDE IN SUPPORT OF HUMAN RIGHTS OR LEAVE TO REMAIN APPLICATION?

It is necessary to provide the following evidence:

  1. Evidence of family and private ties in the UK
  2. Any medical evidence such as medical reports
  3. Length of residence in the UK
  4. Any exceptional or compassionate circumstances

WHAT SHOULD I DO IF I AM DETAINED AT AN IMMIGRATION REMOVAL CENTRE AND SERVED WITH REMOVAL DIRECTIONS?

This means that a date and time has been set for you removal from the UK and therefore it is necessary to take steps to cancel or suspend removal directions.

IF REMOVAL DIRECTIONS ARE CANCELLED OR SUSPENDED WILL I BE RELEASED FROM DETENTION?

Possibly, however it is necessary to initially request the home office to grant temporary admission or CIO bail may be granted. If this is not the case, it is necessary to apply for immigration bail and the application hearing will normally take place at an immigration tribunal via video link.

IF MY VISA HAS EXPIRED, CAN I MARRY MY BRITISH NATIONAL PARTNER?

Possibly, however it is necessary to register your marriage in the UK. Please take note that it if you have no leave to remain or your visa has expired it is possible that a marriage registrar will notify the Home Office if there is any evidence of a sham relationship.

HOW CAN A FIRM OF SOLICITORS HELP ME IF MY UK VISA HAS EXPIRED?

If my UK visa has expired, Zaidi Solicitors can help, we have 17 years of UK immigration law experience and are specialist lawyers in the field of human rights and immigration law. We have offices in both London and Luton and we deal with UK spouse visas, deportation and removal, human rights cases, extension applications and immigration appeals.

Article by Senior Human Rights Lawyer, Ali Nawab Zaidi of leading law firm, Zaidi Immigration Solicitors London, Luton and Holborn

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