How to Avoid Overstaying

This post will speak to you if you are subject to immigration rules in the UK or you know someone who is and you or someone you know no longer has permission to be here.  It is important that communities understand the impact overstaying can have on an individual both emotionally, physically and in the long – run financially.

questionI just want to take some time here to give some guidance on how not to fall into this vulnerable category.

1. Always review your current immigration status and keep abreast of changes to the rules which may affect your future immigration plans to stay in the UK.  That way you can plan for new rules that the government introduce from time to time.

2.  Put some money aside so that you can pay any costs for a future application.  Public funding is only available in limited circumstances so again if you feel you will require public funding start looking around for suitable representation ready for when you need it.

3. When seeking advice make sure that you understand everything and that it makes sense to you.  Ask questions until you are clear about what is expected of you and what the nature of your application will be.

4. Don’t get carried away with your situation so much so that you do something that is unethical or contrary to the law.

5. Ultimately, if you feel you have a valid reason to stay in the UK then explore this with a specialist immigration adviser & get clear advice on what you should be doing to help your situation.

The Implications of Overstaying are frightful.

Firstly you will be committing an immigration offence which can be dealt with purely as a criminal matter.

An Overstayer would want to be anonymous but with this means you have no valid place in the society that you have chosen to make your home.

Typically, Overstayers report that they live in sleepless fear from one day to the next.

Possibly the worst personal consequence of Overstaying is leaving oneself liable to lose of liberty through detention.  At that stage there is a real risk of being forcibly removed from the UK by the government with no choice of date or destination.

If you find yourself in this category then invest some time in yourself – Seek out good advice and take action.



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Rachel Toussaint is a Consultant Solicitor at Rogols Consultancy, Birmingham UK.  She is a human rights advocate especially as it relates to immigration, family law & civic duty.  She is also a consultant for small businesses and entrepreneurs. In her blog she shares legal tips to empower clients to quickly and effectively resolve their legal disputes.


 Images courtesy of Free Digital Photos


About Rachel Toussaint
Headed by Solicitor, Rachel Toussaint, we are a dedicated boutique niche law practice specialising in immigration for people who wish to come to the United Kingdom to visit friends or relatives; to study; to work or start a business; to join family members or people who are already in the UK and wish to stay here. We will carry out an initial free telephone assessment of your status and advise you on the best way forward to acheive your desired outcome. We have particular expertise in immigration that involves human rights and European law as it applies to the UK. Call 0121 448 9255 for your free "Immigration Status Check".

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