Timeline for As an EU citizen, what will UK authorities do if I overstay my 6-month visitor visa by a few days?
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| Feb 1, 2023 at 9:58 | comment | added | AnalysisStudent0414 | @Mark Johnson I am aware, what I am saying is that the amount of time thumb rule does not matter. A classic example is someone who, after a long stay as a visitor, comes back for a holiday a few months later. If they can prove it is a genuine holiday (return tickets, hotel booking) etc, then the officer lets them pass. The "prolonged stay" is not a mere thumb rule of counting days, it is mainly based on other criteria and on the consideration of the new trip. I'd be very cautious in making up numerical criteria, if they wanted a numerical rule they'd have put it in the rules. | |
| Jan 31, 2023 at 8:58 | comment | added | gnasher729 | If you overstayed, then leave for two days and try to return, there is a chance that someone sees you overstayed and will overstay for longer, and doesn't let you enter. If you leave for a long time, they may say that you had a visit where you overstayed but not enough to take any serious action, and now you are on a second visit so they let you in . | |
| Jan 31, 2023 at 5:01 | history | edited | Mark Johnson | CC BY-SA 4.0 |
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| Jan 31, 2023 at 4:37 | comment | added | Mark Johnson | @AnalysisStudent0414 In the context of avoiding giving the impression of prolonged stay (one factor of many that Immigration Official will take into consideration) is an important factor in the determination if the person is a genuine visitor. (Immigration Rules V 4.2 (b) will not live in the UK for extended periods through frequent or successive visits, or make the UK their main home; and). So your claim that it 'that barely factors' is not justified considering that it is listed as the 2nd of 5 major requirements. | |
| Jan 31, 2023 at 4:29 | history | edited | Mark Johnson | CC BY-SA 4.0 |
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| Jan 30, 2023 at 22:45 | comment | added | AnalysisStudent0414 | "The general (unofficial) rule is that you should only return to the UK after spending the same amount of time outside of the UK as the time spent on your previous visit" sorry but this is wrong, that barely factors at all in the decision at the border. The decisions are based on likelihood of not being a genuine visitor, so the purpose of the visit, the presence of a return ticket and evidence of work/life commitments outside the country are the main factors. | |
| Jan 30, 2023 at 9:44 | comment | added | Mark Johnson | @JonathanReez Important is that the Immigration Officer thinks that the visit, accourding to the rules, is legitimate. The amount of time is secondary. A 2 day stay in Paris in between will cause no problem. | |
| Jan 30, 2023 at 9:35 | comment | added | JonathanReez♦ | Sure but if we're suggesting unofficial rules of thumb, "6 months in any 12 months period" seems closer to the logic inside the immigration officers heads than "spending the same amount of time outside of the UK as the time spent on your previous visit". Otherwise two visits for 1 week with 1 day in between would supposedly not be recommended. | |
| Jan 30, 2023 at 9:22 | comment | added | Mark Johnson | @JonathanReez Unfortunatly the Immigration Rules are not written that way. A Standard Visitor can also, depending on the conditions, be granted up to 12 or 18 months. Immigration Rules - Immigration Rules Appendix V: Visitor - Guidance - GOV.UK: V 17.3. Permission to stay will be granted for the following periods | |
| Jan 30, 2023 at 8:55 | history | edited | Mark Johnson | CC BY-SA 4.0 |
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| Jan 30, 2023 at 8:48 | comment | added | Mark Johnson | The 2 months only applies for those who previous had a deemed leave of 6 months. An existing leave to enter is not effected by a stay in the Republic of Ireland. (CTA rules: Exemptions from deemed leave on the basis of specific status) | |
| Jan 30, 2023 at 8:38 | comment | added | Mark Johnson | The CTA (Common Travel Area) rule when reentering the UK from the Republic of Ireland is an automatic deemed leave of 2 months. When first entering the CTA in Ireland and then entering the UK deemed leave of 6 months for the UK. | |
| Jan 30, 2023 at 8:32 | comment | added | Traveller | @gerrit Making a day trip to the Republic after spending two weeks in Belfast is what a genuine tourist might do. Spending 6 months in the UK with a day trip to the Republic at the end would be a very different scenario. As I’m sure you know, the UK doesn’t have a strict ‘x days out of y days’ policy so the accepted norm is as described in the answer. Used with some commonsense | |
| Jan 30, 2023 at 8:32 | comment | added | JonathanReez♦ | I think gerrit's point is that the rule is surely more complicated? I.e. a 1-week trip followed by 1 day in France, followed by another week in the UK is surely OK. I'd say following something like "not more than 6 months in any 12 months period" should be a better rule of thumb. | |
| Jan 30, 2023 at 8:17 | comment | added | Mark Johnson | @gerrit For entering the UK from the Republic of Ireland (Common Travel Area) there are special rules. | |
| Jan 30, 2023 at 8:12 | comment | added | gerrit | The general (unofficial) rule is that you should only return to the UK after spending the same amount of time outside of the UK as the time spent on your previous visit — uh-uh? So if I spend two weeks in Belfast I can't make a day trip to the Republic, because I'd need to spend two weeks in the Republic before I can return to the UK?! | |
| Jan 29, 2023 at 22:37 | history | edited | Mark Johnson | CC BY-SA 4.0 |
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| Jan 29, 2023 at 22:32 | history | answered | Mark Johnson | CC BY-SA 4.0 |