As net migration to the UK reaches unprecedented heights, an alarming revelation by Sky News has exposed a glaring gap in public data concerning the extent of visa overstays and individuals failing to depart upon visa expiration.
Dhanabal, hailing from India and initially arriving in Britain for studies, candidly revealed that he intended to outstay his student visa from the beginning. Dependent on off-the-books employment in Sheffield for survival, he awaits sporadic calls from an enigmatic figure known as "the boss" for cash-in-hand construction or cleaning work.
His case is a rare glimpse into the lives of visa overstayers, a group largely overlooked by official statistics. With a record influx of 606,000 migrants in the year to December 2022, the UK government curiously lacks any public data on the scale of those flouting visa rules.
Vasuki Murahathas, an immigration solicitor with 24 years' experience, asserts that the system has "collapsed," pointing to a surge of 50% more calls from overstayers seeking legal counsel in the past year. Her clients seek guidance on converting to working visas, a path made more difficult by recent governmental changes, or seeking legitimate ways to remain in the UK.
Desperation forces individuals into the shadows, grappling with poverty and under-the-table work. As the government aims to attract skilled migrants, the system is exploited by some seeking to remain without adherence to the rules.
Suresh, another case in point, mows lawns and takes on odd jobs for meagre compensation, having survived on an expired student visa for seven years. He declined to pursue his intended course, revealing the systemic loophole.
With over 1.1 million prospective students and their families arriving on study visas between 2021 and 2023, the Home Office surprisingly fails to offer comprehensive figures on visa overstays. The most recent available data pertains to 2020, showing 83,600 individuals whose visas expired during the year with no exit record.
Though UK universities thrive on international student tuition, the abuse of student visas necessitates universities to ensure genuine applicants. Universities UK International maintains that targets set by the government for course completion and enrolment are being met. Ensuring a balance between genuine students and potential exploiters remains crucial.
In response, a Home Office spokesperson emphasises the commitment to removing those unlawfully overstaying, highlighting the financial burden on taxpayers and the disparity faced by migrants who follow legal procedures.
Vimal Pandya, the South London resident who spent the last nine years fighting to remain in the UK but recently lost an appeal and faced deportation. An Indian who was honoured by Queen Elizabeth II during the Covid pandemic faced deportation after he lost an immigration appeal in the United Kingdom. Vimal Pandya moved from India to the UK on a student visa in 2011 and was refused re-entry after he returned home in 2014 to take a critically ill female relative to her parents.
On return, UK Border Force officials told him that his college had lost its license to sponsor foreign students, something Pandya had no information about. Without his original passport and other relevant documents, he faced a tough battle, spending thousands of pounds to regularise his immigration status and also complete his studies. He faced a mounting debt burden in addition to thousands of pounds lost in college fees, almost £40,000.
According to OnManorama, more than 83,600 students, including Keralites, continue to stay in the UK even after the expiry of their visas and are facing issues in managing food and accommodation expenses. A Keralite family, which had come to Chinatown in London the other day, shared such a sight with great pain on their social media account. About 15 young men of 18-25 years of age with food delivery bags on their shoulders, were seen eating on the wayside. Some of them were speaking in Malayalam. UK-based Keralite and NHS nurse Animal Pradeep said in her social media post that she is seeing such a sight for the first time in her stay in the UK.
Immigration lawyer Shoaib M Khan told Asian Voice, “Anyone who stays in the UK once their visa or permission to be in the UK has expired is generally an “overstayer”. There can be many problems such people face, mainly due to the government’s “Hostile Environment” for those who do not have permission to be in the UK. It is a criminal offence to overstay your visa without good reason and it can otherwise make life in the UK very difficult too. This can affect any future immigration applications as well, whether made in the UK or from overseas once you leave the UK.
“If you overstay for just a few weeks, the Home Office may disregard this in future if you can provide evidence for the delay and why you could not make an application or leave the UK in time. Otherwise, this will cause serious problems for you. Obviously, if you make an application for an extension while you still have permission to be in the UK but it expires while your application is pending, then you may remain in the UK while you are awaiting a decision or if you appeal any refusal etc. But if you overstay in the UK or you apply to the Home Office after the expiry of your visa, the “Hostile Environment” will kick in.
“You will not be allowed to work in the UK, you will usually not be allowed to study, and other restrictions also apply, such as a prohibition on opening a bank account, obtaining a driving licence or renting a property. Your employer can be fined for employing you too. Even if you then leave the UK, you can have a ban imposed on you for up to 10 years, unless your visa application is in certain categories such as if you have a British or settled wife or child. As an overstayer, you can still access essential public services such as the police, fire service, ambulance or emergency medical treatment, and any children up to 16 years old should attend school.
“As an overstayer, you can be detained or deported by the Home Office, so you are at constant risk. If you find yourself in this situation, you should contact an immigration lawyer to discuss your options, which can include an application based on how long you have been in the UK, any family members in the UK or any exceptional circumstances such as medical problems, or if you would face any serious problems or persecution in your own country. So, while it is not always possible to avoid immigration problems if that does happen, you should take steps to regularise your stay in the UK as soon as possible.”
