Can I Get ILR After Overstaying My Visa?

Part of our Settlement & Character series.
For an overview of all character issues that affect settlement – criminal records, asylum route, deception – see our main guide on ILR with character issues.

You overstayed your visa. Maybe it was 3 weeks. Maybe 8 months. Maybe years ago, when life was chaotic and immigration law felt impossible to understand.

Now you’ve put your life back together. You’ve regularised your status. You work, you pay tax, your children are settled in school, your friends and community are here. You’re approaching eligibility for Indefinite Leave to Remain (ILR) – but that overstay is the thing that keeps you awake at 3am.

Will they refuse you because of it? Should you wait longer? Or is it safer not to apply at all?

Here’s the reality: overstaying affects how your ILR application is assessed, but it does not always destroy it. What matters is how long you overstayed, how long ago it was, why it happened, what you’ve done since – and how all of that is presented in your application.

How the Home Office looks at overstaying

Under the Immigration Rules, overstaying is a breach of immigration law. Caseworkers have to:

• apply specific “exceptions for overstayers” (for example where you applied soon after expiry with good reason), and
• consider the general “suitability” rules when deciding whether to refuse or grant your application.

They don’t just see the word “overstayer” and refuse. They ask:

• How long did this person overstay – days, months, or years?
• How long ago was it?
• Was it a genuine mistake, a crisis, or a deliberate decision to stay unlawfully?
• Did they come forward and regularise, or were they found by enforcement?
• What has their record been like since – clean and compliant, or more problems?

The question in the caseworker’s mind is:

“Does this past overstaying show that this person can’t be trusted with permanent status – or was it a one‑off that’s been properly dealt with?”

Your job – and ours, if we represent you – is to make sure they can safely answer “it was a one‑off, properly dealt with”.

When you shouldn’t DIY an ILR application

If any of the following apply, you really shouldn’t try to handle this alone:

• you overstayed for more than 6 months at any point
• your overstaying was in the last 3 years
• you also worked without permission, have any criminal record, or have ever used false information or documents
• you have British children or a British / settled partner and a history of overstaying

In these situations, a refusal is not just an inconvenience. It can:

• delay or reset your route to settlement
• create refusal history that makes future applications harder
• in some cases, affect your ability to stay in the UK at all

A short conversation with a specialist now is usually much cheaper than trying to fix a refusal later.

You’re not the worst case we’ve ever seen.
We work with overstayers all the time – from a few weeks to several years – often alongside other character issues. Our job is not to judge what happened, but to work out how to get you safely to ILR.

In a free 15‑minute call, you’ll find out:

• whether your overstaying looks low / medium / high risk for ILR
• whether to apply now or wait – and roughly how long
• the 2–3 most important things you can do now to strengthen your case

Types of overstaying – and what they mean for ILR

Think of overstaying in three bands. These aren’t official labels, but they reflect how cases tend to be assessed.

1. If you overstayed under 28 days

This is usually the least risky category, especially if it was several years ago and you regularised quickly.

Typical pattern:

• overstaying of less than 28 days
• happened 3+ years ago
• genuine confusion (for example about dates or rules)
• you applied to regularise as soon as you realised

What you need to show:

• exactly when the overstay happened and why
• evidence that you applied again promptly
• continuous lawful residence since (visas, BRPs, decisions)
• a basically clean history afterwards (no further breaches)

In this band, overstaying is usually manageable if explained properly. It shouldn’t be ignored, but it often doesn’t decide the whole case on its own.

2. If you overstayed for 1–6 months

This is the “grey area” where a lot of people under‑prepare.

Typical pattern:

• 1–6 months of overstaying
• happened 2–5 years ago
• there were real pressures or mistakes (illness, family emergency, poor advice)
• you came forward and regularised yourself​

Here, a single sentence in the form is not enough. You need:

• a detailed, honest explanation with supporting evidence
• a clear period of clean lawful residence since
• proof of what you’ve built in the UK (job, tax, family, community)
• strong character references from credible people (employers, professionals)

As a very broad guide, many people in this band benefit from 2–3 years of clean lawful residence after regularising before applying for ILR. That’s not a fixed rule – just the amount of time it often takes to build convincing “rehabilitation and stability” evidence.

3. If you overstayed for 6+ months or years

This is where ILR applications become advocacy, not form‑filling.

Typical pattern:

• overstaying of 6 months to several years
• may be relatively recent
• may involve working without permission
• often linked to complex personal circumstances​

In this band, you’re usually asking the decision‑maker to exercise discretion – or asking a tribunal, on appeal, to decide that refusing you would be disproportionate in light of your family and private life in the UK.

You will need:

• a full, frank explanation of the overstay, facing it directly
• strong evidence that you’ve turned things around (work, tax, no further breaches)
• a well‑structured Article 8 case: British / settled children, long residence, integration, obstacles to life elsewhere
• professional representation

This is not a situation where you copy a template letter from the internet and hope.

When should you apply for ILR after overstaying?

There is no single “magic” waiting period in the Rules, but time does matter. As a general principle, the longer your clean lawful residence since regularising, the more persuasive your application tends to be.

Very broadly:

• under 28 days overstaying: many people are ready to apply for ILR after around 12–18 months of clean residence
• 1–6 months overstaying: often 2–3 years of clean residence are helpful
• 6+ months overstaying: often 3–5 years or more are needed, especially if other issues are present

These are guidelines, not rules. The “right” time for you depends on your route, your evidence and your wider history.

Exception – 10‑year routes
If you’re on a 10‑year route, your continuous lawful residence normally runs from when you regularised. You may not be able to simply “wait an extra few years” without affecting your eligibility. In these cases, timing and strategy are particularly important.

What a strong ILR application with overstaying looks like

1. It explains the overstay clearly and honestly

You can’t safely skate over the issue and hope nobody notices. Your application should:

• state the dates of the overstay
• explain, in plain language, why it happened
• show when and how you realised your mistake
• show that you’ve kept to the rules since

2. It proves rehabilitation and stability

Useful evidence includes:

• all visa grant letters and BRPs since you regularised
• employment records (contracts, payslips, P60s)
• evidence of tax paid
• tenancy or mortgage documents, council tax, utility bills
• GP and school letters showing a settled life here
• specific character references from employers and professionals

Think of this as answering: “Was that period of overstaying an exception in an otherwise responsible life – or part of a pattern?” You’re proving it was an exception.

3. It uses Article 8 properly where needed

If your overstaying was long, or combined with other issues, your case will often come down to proportionality under Article 8 (your right to private and family life).

You will be trying to show that:

• you have built a private and/or family life in the UK of real weight – particularly if you have British or long‑resident children
• you have strong ties here and weak ties elsewhere
• refusing ILR (and potentially removing you) would be excessively harsh on you and your family, given everything you have done to rehabilitate

Common mistakes

The most common ways people turn a “maybe” into a “no”:

• Not mentioning overstaying at all – which almost always becomes a deception problem when discovered.
• Giving a vague one‑line explanation with no dates or evidence.
• Applying too soon, before there is enough “clean time” and evidence of change.
• Picking the wrong route, with stricter suitability rules and less discretion.
• Sending only basic documents, with nothing that really shows rehabilitation, integration or proportionality.

How we help people who’ve overstayed

We’ve helped clients get ILR after overstaying anywhere from a few weeks to several years, sometimes alongside criminal records, protection histories and earlier deception. Each case needed a tailored strategy.

Our work typically includes:

• giving you an honest view of whether to apply now or wait
• choosing the settlement route that gives you the best chance given your history
• drafting detailed representations that explain your overstaying in the correct legal and factual context
• building an evidence package that shows rehabilitation, compliance and integration
• making Article 8 arguments where needed, at a standard decision‑makers and tribunals expect

Your next step

If you’ve overstayed and are thinking about ILR:

• don’t guess your risk level
• don’t copy someone else’s story from a forum
• and don’t assume you’re disqualified forever

Book a free 15‑minute consultation. In that call we’ll tell you:

• whether your overstay looks compatible with ILR now or needs more time
• what route and timing make most sense in your case
• what evidence you should start gathering today to improve your position

You’ve already done the hard part – rebuilding your life after overstaying. The next step is making sure your ILR application tells that story in a way the Home Office can say “yes” to.

Migrant Law Partnership – London immigration lawyers who get it right the first time