What counts as an immigration breach?
A qualifying breach is when you break UK immigration rules or your visa conditions. Common examples include:
- staying in the UK after your visa has expired (overstaying)
- working more hours, or in a job, that your visa does not allow
- studying when your visa does not permit it
- using deception or false documents in an application
The final rules are expected to define exactly what counts, including whether short gaps covered by grace periods are treated as breaches.
Effect on your pathway
A qualifying immigration breach committed as an adult places you on the 20-year pathway, whatever your earnings or job.
See which pathway applies to you, and your earliest estimated date.
Check my pathwayIllegal entry
Anyone who entered the UK illegally as an adult, for example by small boat or without a visa, will ordinarily face an additional 10 years on top of their pathway, regardless of route.
The Article 31 exception
The extra 10 years does not apply where Article 31 of the Refugee Convention protects the person. Broadly, Article 31 protects refugees who came directly from a place where they were at risk and presented themselves to the authorities without delay. How this will be assessed is still to be set out.
Breaches as a childThe breach rule refers to adults. Things that happened before you turned 18 are not expected to count in the same way.
Questions and answers
I applied late for an extension once. Is that a breach?
It may depend on whether you were covered by a grace period and how long the gap was. Speak to a regulated adviser about your history.
Can a breach ever be wiped out?
The response does not describe a way to remove a past breach. Detail may follow in guidance.
This is not legal advice. This guide explains the Government’s published proposals for Earned Settlement, which are not yet in force and may change. For advice on your own situation, speak to a regulated immigration adviser or solicitor, or check GOV.UK. Read our full disclaimer.