What happens if I breach the conditions of my visa?

The consequences of failing to comply with conditions attached to your UK visa can be significant, so it is important to familiarise yourself with any conditions that apply to your specific immigration route.

The Home Office has a variety of powers at its disposal when it finds that a migrant is not complying with the conditions of their visa.

Breaching your visa conditions can lead to the cancellation of your current visa, being required to leave the UK, and, in certain circumstances, a ban from the UK. Any future immigration applications also run a higher risk of refusal for failing to comply with visa conditions in the past.

Working in the UK when knowingly on a visa which prohibits employment is a criminal offence, punishable by up to 6 months in prison. Your earnings could also be seized as the proceeds of crime. Employing an illegal worker can also have severe consequences for the employer, such as a fine, prison and/or loss of their sponsor licence.

Even if you have a visa that permits you to work, you are often not allowed to work as a doctor or dentist in training, so it is important to understand these restrictions before you apply for a UK visa.

Drawing public funds from the UK authorities (such as child tax credit or council tax benefit, for example) is also prohibited under many UK visa routes. Sometimes the UK authorities start to pay certain benefits automatically, so you should get in touch with them, if that is the case and you know that you are not permitted to receive these funds because of your visa conditions.

And of course, you should either apply for a visa extension or leave the UK before your current visa expires as there is no ‘grace period’ that permits overstaying.

It is important to ensure that you comply with the conditions of your visa at all times, as it could lead to significant consequences for both you and your employer if you do not.

How Gherson can assist

Gherson’s Immigration Team are highly experienced in advising on UK visa matters. If you have any questions arising from this blog, please do not hesitate to contact us for advice, send us an e-mail, or, alternatively, follow us on Twitter, Facebook, Instagram, or LinkedIn to stay-up-to-date.

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

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