I have overstayed my student visa. What can I do?

Can I apply for another student visa from within the UK?

Question: I have overstayed my student visa for an MA course but during that time I reapplied for a student visa for my PhD. I have two questions I’d appreciate any help with: first, what is the likelihood that my visa would be denied given the overstay; secondly, if my student visa is denied, what is the likelihood that a further application would be accepted if I reapplied? Thanks.

Answer: This is an interesting question. Under paragraph 152 of the Tier 4 Guidance notes, it states that: “If a student is already in the United Kingdom and his/her existing permission to stay runs out more than one month before the start-date of his/her proposed course of study, he/she will be expected to return overseas and apply from outside the United Kingdom. If he/she applies from inside the United Kingdom, his/her application will be refused. A month will be considered a calendar month (for example, if an applicant’s leave expires on 14 January his/her new course must start no later than 13 February)”.

Therefore, if you fall foul of the above, then the Home Office is likely to refuse your application. Tier 4 rules are not as simple as the guidance notes make out, so you may wish to seek legal advice from a specialist immigration solicitor to advise you on any other options to regularise your status, as overstaying is not the ideal way forward.

By Greenfields Solicitors
www.greenfieldssolicitors.com