What happens if I overstay my UK visa, and does a 30-day overstay count?

Checked on 2026-10-25

Overstaying counts as breaching immigration law under the Immigration Rules (Part Suitability). If your overstay began on or after 6 April 2017, lasted 30 days or less and you left voluntarily at your own expense, it is disregarded. Otherwise, a later entry application must be refused for 12 months to 10 years after you leave, depending on how you left.

Key facts

What	The Immigration Rules say	Source
Overstaying	Counts as breaching immigration laws for anyone aged 18 or over, unless an exception applies	Part Suitability, SUI 11.4(a)
Short overstay disregarded	30 days or less (overstay began on or after 6 April 2017), if you left voluntarily and not at the Home Office’s expense	SUI 11.5(b)
Older overstays	90 days or less if the overstay began before 6 April 2017, same conditions	SUI 11.5(a)
Left voluntarily at own expense	Entry applications must be refused for 12 months	SUI 11.1, SUI 12.1(a)
Left voluntarily at public expense	2 years if within 6 months of notice of liability for removal (or end of appeal/review), 5 years if later	SUI 12.1(b)–(c)
Removed at public expense	10 years	SUI 12.1(e)
Late application with good reason	Not treated as overstaying if made within 14 days of permission expiring and the decision maker accepts a good reason beyond your control	SUI 13.1(a)
After a refused in-time application	Not treated as overstaying if the new application is made within 14 days of the refusal, 3C leave ending, or the appeal/review ending	SUI 13.1(b)

The 30-day rule

Under the Immigration Rules, anyone aged 18 or over who overstayed their permission is treated as having breached immigration laws (SUI 11.4(a)). The rules then disregard a short overstay: if it began on or after 6 April 2017, lasted 30 days or less, and you left the UK voluntarily and not at the Home Office’s expense, it doesn’t count (SUI 11.5(b)). For an overstay that began before 6 April 2017 the limit is 90 days (SUI 11.5(a)). An overstay is also not counted if it came from a refusal or cancellation that was later withdrawn, quashed or reconsidered on a court’s direction, unless the legal challenge was brought more than 3 months after the decision (SUI 11.6).

Re-entry bans

If the overstay isn’t disregarded, an application for entry clearance or permission to enter must be refused when made within the period in SUI 12.1, counted from the date you left the UK. The period depends on how you left: 12 months if you left voluntarily at your own expense; 2 years if you left voluntarily at public expense within 6 months of being given notice of liability for removal (or of your appeal or administrative review ending, whichever is later); 5 years if you left at public expense after that; 10 years if you were removed at public expense. Where more than one breach applies, only the one with the longest period counts.

After the period ends, an application may still be refused if you also acted to frustrate immigration controls, for example by using a false identity or failing to report (SUI 11.2, 11.7). Separately, any application may be refused where the applicant is or has been in breach of immigration laws (SUI 11.3).

When you’re not treated as an overstayer

The rules give two main exceptions for applications made late (SUI 13.1):

You apply within 14 days of your permission expiring, and the decision maker accepts a good reason, beyond your or your representative’s control and explained in or with the application, why you couldn’t apply in time.
Your earlier in-time application was refused or rejected, and you apply again within 14 days of the refusal or rejection, of your section 3C leave expiring, of the deadline for an in-time administrative review or appeal, or of that review or appeal ending.

Applying before your visa expires keeps your leave going until the decision under section 3C of the Immigration Act 1971 (see the page on visa expiry during a pending extension).

Sources

Immigration Rules: Part Suitability, paragraphs SUI 11.1–11.6, SUI 12.1 and SUI 13.1 (GOV.UK, updated 8 October 2026) checked 2026-10-25

Change history

2026-10-25: Page created

This is general information, not legal advice, and Lumen is not a law firm. Rules change and offices differ: check the official sources above before you act. Found something wrong or out of date? Write to support@lumen.observer.