UK visa overstay by 1 day

[Pete Beale]

My Thai Wife was due to fly back to Thailand tonight on EVA Air but the flight has been delayed due to a typhoon in Taiwan apparently. This means she will be overstaying her 6 month tourist visa by 1 day, when I asked the lady at EVA Heathrow she said it's ok as there's no immigration on leaving Heathrow. Can this cause a problem when applying for settlement ? will they have any way of knowing she overstayed ? if they do will it be seen as an unavoidable overstay and be ok ?

[taotoo]

Have no idea, however according to the link below an exit check is carried out by the airline.

https://www.gov.uk/government/publications/exit-checks-on-passengers-leaving-the-uk/exit-checks-fact-sheet

[Richard W]

It won't affect settlement.

It might affect another visit, though. I don't know whether it will, but I recommend you keep evidence of why she overstayed just in case.

[tonyk]

An overstay of up to 28 days is ignored so no problem at all.

[ukguy51]

Pete Beale

Had a simlar issue myself, wife stayed over 1 day, my fault booked flight wrong time with Eva. Anyway it resulted in her leaving Heathrow 9 hours after visa expired. She had no issue at the airport. What you must do is when you next apply for a visa make sure you put the one day overstay and reason. Keep any documented evidence of the flight delay and reason. You will be ok.

I however totally forgot dates and used her visa from that time when doing a new application one year later not the actually date she flew out. Bang refused and labelled deceitful. It was an honest mistake and was over turned at her next application and me given reason why the day over stay.

Just make sure your honest on next app and I am sure it will be fine.

Edited August 21, 2015 by ukguy51

[bobrussell]

Anyone staying for a full six months is likely to have subsequent visit visas scrutinised to prevent attempts to bypass the settlement rules. Someone staying for a month for example, but leaving a day late for technical reasons should have little reason to worry. Worth explaining it in subsequent visa applications just to dot the i's and cross the t's.

Overstays should not affect a settlement visa but could impact on later naturalisation applications. I would hope it would only be the blatant offenders that would get caught up by this.

[Kobby]

If you overstayed by 1 day on your visit visa to uk and now making a new visa application, is it important to include an evidence from the airline to confirm you flew out the next day after you visa expired and the reason why you could not fly the day before. If you cannot get any evidence how best can you explain that you flew the next day on your application. All this happened 5years ago. Thank you. 

[theoldgit]

This is a a four year old thread, I'm going to close it before it goes off on a tangent.