UK partner visa expired yesterday - urgent advice needed

[dave101]

Hi, urgent advice needed. My wife's UK partner visa expired yesterday (10 May 2026). We only discovered today by chance. I'm a British citizen, she's Indian national, we're married and living together in London. Original visa applied July 2023.

Key questions:

1. What should we do right now today?

2. Does the 1-day overstay affect her 5-year ILR route?

3. Any other urgent steps we're missing?

Any advice appreciated. Thanks

[secret.simon]

She is now an overstayer and that impacts her right to work in the UK and claim any benefits if she has applied for any.

Renew asap. Provided she applies within 14 days of the expiry of the visa, the overstay can be ignored for the purposes of future renewals.

But don't wait for the 14 days. She is already an overstayer. Get the renewal process started straightaway.

2. Does the 1-day overstay affect her 5-year ILR route?

It is not a one day overstay. She is an overstayer from today till the day she is issued a new visa.

Section 3C leave/protection only applies if she had started the application before or on the day her previous visa expired.

Now that she is an overstayer, having an application in progress with the Home Office does not legalise her stay. Only the grant of a new visa by the Home Office will legalise her stay.

Does she work/have a job? She will almost certainly have lost the right to work in the UK until the time her new visa has been issued.

[dave101]

She is now an overstayer and that impacts her right to work in the UK and claim any benefits if she has applied for any.

Renew asap. Provided she applies within 14 days of the expiry of the visa, the overstay can be ignored for the purposes of future renewals.

But don't wait for the 14 days. She is already an overstayer. Get the renewal process started straightaway.

2. Does the 1-day overstay affect her 5-year ILR route?

It is not a one day overstay. She is an overstayer from today till the day she is issued a new visa.

Section 3C leave/protection only applies if she had started the application before or on the day her previous visa expired.

Now that she is an overstayer, having an application in progress with the Home Office does not legalise her stay. Only the grant of a new visa by the Home Office will legalise her stay.

Does she work/have a job? She will almost certainly have lost the right to work in the UK until the time her new visa has been issued.

Thank you so so much for the prompt response. She doesn't work. Submitting FLR(M) today.

Quick question — where exactly does the good reason explanation go?
Is it a separate cover letter uploaded with supporting documents,
or is there a specific section in the online form for it?
Would you recommend getting a solicitor or can I apply myself and will need one for IRL?

[secret.simon]

I don't know anything about the form as I haven't used it. I will leave the questions in your post above to others to answer.