Overstay of 28 days allowed?

[shah23]

My brother's visa is expiring soon, he is planning to go back but he had to sort out too many things before leave to wind up his business etc. Someone said that overstay of 28 days is allowed. He may have an overstay of 28 days or little more, will this affect his immigration history or when he is coming back to UK as a visitor in future?
2nd question:
Can he apply for another visa category within 28 days after the expiry date of his current visa or it must be before the expiry date?

[secret.simon]

If your brother's visa expires and if he applies for another visa within 28 days and if he is successful in that, the 28 day overstay is ignored for future immigration applications. Note that immigration law is separate from naturalisation law and it is possible that the overstay may have an impact on any future naturalisation/citizenship applications.

If he applies after his visa has expired and his application fails, there can be serious consequences for his continuity of residence for Long Residence purposes.

See this similar case.

I would advise your brother to apply before his leave expires. That way, he is covered by Section 3C leave while the application is under consideration and any following appeals. If he applies the day after his leave expires, he is not.

[jan39]

I think it will considered as over stay

[shah23]

If your brother's visa expires and if he applies for another visa within 28 days and if he is successful in that, the 28 day overstay is ignored for future immigration applications. Note that immigration law is separate from naturalisation law and it is possible that the overstay may have an impact on any future naturalisation/citizenship applications.

If he applies after his visa has expired and his application fails, there can be serious consequences for his continuity of residence for Long Residence purposes.

See this similar case.

I would advise your brother to apply before his leave expires. That way, he is covered by Section 3C leave while the application is under consideration and any following appeals. If he applies the day after his leave expires, he is not.

It means he can apply technically or legally within 28 days of current visa expiry. He is not doing this deliberately but my question is just for general information in case of worse scenario.

Can you kindly answer the first question in my post regarding the overstay period, if he leaves the country within 28 days or little more (let's say 40 days) after visa expiry (again in case under worse circumstances)? Will he be considered as illegal for those days and any effect on future visits to UK?

[Greenie]

any overstay is illegal and has to be declared in future visa applications. it will not result in an automatic refusal of a future visa application but it may lead an entry clearance officer to conclude that he is not for example a genuine visitor who will bot overstay a future visa thus resulting in a visa refusal

[secret.simon]

if he leaves the country within 28 days or little more (let's say 40 days) after visa expiry (again in case under worse circumstances)? Will he be considered as illegal for those days and any effect on future visits to UK?

For immigration purposes, were he to stay in the UK, his status will be that of an illegal overstayer from the day his visa expires, unless he makes an application for an extension or variation before the visa expires.

As Greenie has explained, future visa refusals would not be automatic, but highly likely.