Does Overstaying Affect a Spouse Visa Application?

Does Overstaying Affect a Spouse Visa Application?
Legally reviewed by: Nisha Leel In: Immigration

How will my Spouse Visa Application be Affected by Overstaying?

If you have overstayed on a previous visa, you may be concerned that this will have an impact on a later visa application you may wish to make. For example, if you stayed longer than you were meant to when visiting your partner in the UK, it could now affect a more permanent request. So, how does overstaying affect a spouse visa application?

Contact us for our expert immigration advice if you are worried your history could negatively impact your visa application.

What Happens When I Overstay My Spouse Visa?

If you’re in the UK on a visa, then the Home Office will not contact you to remind you of when your visa or leave expires. You must check your biometric residence permit or any stamp or sticker in your passport if you’re not sure about the end date of your stay.

From the date of expiry, you’ll have 30 days to leave the UK and if you don’t do this voluntarily then you could be deported. If you leave after the 30-day period, then you could be banned from re-entering the UK for between 1 and 10 years.

Exactly how long you will be banned for depends on:

  • Whether you are able to prove that you can afford the cost of returning to your home country
  • Whether you leave voluntarily, or you’re deported
  • When you leave the UK

If you can prove that there was a good reason for you missing the deadline to renew a visa then you may still be given the chance, provided that you apply and give your reason within 14 days of the date that your visa or leave expired. This is a tricky process, and it is recommended that you seek specialist help to prove your case. Our expert immigration solicitors have plenty of experience and can help you with your application.

Does Overstaying Affect a Spouse Visa Application?

Under section 7B of the government’s ‘Immigration Rules part 9: grounds for refusal’, overstaying is stated as a valid reason for refusing entry clearance to a visa applicant.

There are many different specifications within this rule, and in some cases minor overstaying will not have an overruling impact on a spouse visa application.

The popularity of the spouse visa means that the Home Office will very carefully check your application and will be looking very closely to find any faults. A previous mark against you will mean that the rest of your application will have to be very strong, and you will need to fulfil all of the rest of the requirements.


These requirements include:

  • Being able to prove that your relationship is ‘genuine’
  • Being able to fulfil the financial requirements
  • Being able to pass the English language test
  • Being able to prove that you have somewhere to live together in the UK

To present as strong an application as possible, it is likely that you will need professional help. Contact our expert immigration solicitors to discuss your situation.

Read more about a Spouse Visa Application

Contact Us

Submitting a visa application can be confusing at the best of times, but if you’re worried that having overstayed a previous visa might affect your new spouse visa, then you will want professional guidance to put your mind at ease.

Our immigration solicitors can review your case and instruct you on putting in the perfect application.

Contact us today for expert advice.

Legal Disclaimer.

All advice is correct at time of publication.