If you’re an Indian tourist in the UK and have overstayed your UK visa, you could face serious legal problems. In this case you might apply on Overstaying UK Visa.

What Does Overstaying Visa UK Mean?

If you have continued to live in the UK after your tourist visa has expired, you are classed as overstaying by the UK government. A UK visa is a legal document and holders are bound by its terms and conditions. Anybody who breaks these terms by staying in the UK after their visa expiration date is considered an illegal resident by the UK’s Home Office.

What are the Legal Consequences for Overstaying a UK Visa for Indian Citizens?

Overstaying your UK visa is classed as a criminal offence by the UK government under Section 24 of the Immigration Act of 1971. Anyone overstaying their tourist visa in the UK faces legal action being taken against them. 

Those found overstaying could be issued a large fine and risk being detained and deported. Offenders can also be imprisoned for up to 4 years under the 2022 Nationality and Borders Bill. In addition, overstayers are recorded by the Home Office and a ban may be applied to their passport that prevents them from re-entering the UK for a significant period of time (for example, 10 years).  

What to do If you Overstay your Tourist Visa as an Indian National

If you’re an Indian national that has overstayed their UK Tourist visa, it is wise to get professional legal advice as soon as possible.

Despite the seriousness of the offence, there are some circumstances that are accepted by the UK government as valid reasons for overstaying your visa for up to 14 days. This is called ‘The 14 Day With Good Reason Rule’. This rule replaced the former and more lenient ‘28 Day Grace Period’ in 2016 as part of the UK’s bid to strengthen its immigration policies. 

If you have a valid reason for overstaying your tourist visa within the 14 day window, and can provide evidence of this, then you may be able to apply to the Home Office for a visa extension. If granted, you may be able to remain in the UK legally for a longer period of time.

Valid Reasons for Indian Tourists to Overstay Their Visa in the UK

If you do miss your UK tourist visa expiration date and are within the 14 day window, you may be able to claim that you have a ‘good reason’ for doing so. However, your reason must be considered legitimate and you must provide evidence to support your claim. Legitimate reasons accepted by the UK government can be found listed under Home Office guidance but some examples include:

• The death or sickness of an immediate/close family member.
• You are in need of or are currently receiving essential healthcare treatment (for example, you are in hospital).
• You are receiving a delayed response from an educational institution.
• You are experiencing unexpected travel delays due to flight cancellations (last minute).
• There is a natural disaster or political instability which prevents you from travelling.

Official evidence is needed to support your claim. For example, if you are sick or in hospital you could use official medical letters that outline your diagnosis and treatment plan.

How to Avoid Penalties for Overstaying your UK Visa as an Indian Citizen  

If your current tourist visa is due to expire or you are classed as overstaying in the UK, you may be able to avoid penalties if you act as quickly as possible. If you wish to apply for a visa extension, it is wise to seek professional legal advice to help support this. 

Legal immigration specialists can assess your circumstances and explore what options may be available to you. This could include helping you to discover if  you have a plausible reason to extend your visa, gather evidence to support this, and aid you when filling in your application. Click here for further information.  

How To Apply for a UK Visa Extension as an Indian Tourist

All standard visitors to the UK can apply for a visa extension providing they have a valid reason to do so. You should apply before your current visa period ends where possible. 

If your current visa expires whilst you are awaiting the outcome of your new application, you are permitted to stay in the UK until you get a decision. However, you must not continue to work or you could face serious legal implications. Furthermore, if your employer allows you to continue to work despite having knowledge of your visa expiration, they could face serious legal consequences themselves.

You can apply online to extend your tourist visa. Click here to be redirected to the official Gov.UK application page. It is worth noting that there is a fee of £1000 per application and this is payable regardless of your nationality.