Changes to applications from overstayers

As reported in our blog, the UK Border Agency (UKBA) has created a new rule to come into force from the 1st October 2012, which provides that applications for further leave to remain in the UK will be refused if the visa holder has overstayed their leave by more than 28 days on the date their application is made.

In a recent announcement, the UKBA highlighted that the new rules regarding overstayers already apply to applications made under the family migration route and, from 1 October 2012, will apply to applications under all remaining routes which were made on or after the 9th July 2012.

All non-EEA nationals who are employed in the UK with limited leave to remain must ensure that they apply to extend their UK visas in good time if applying for further leave to remain under:

  • The Points-Based System;
  • All working and student routes;
  • Visiting routes;
  • Long residency routes;
  • Discharged HM Forces; or
  • UK ancestry routes.

If you have limited leave to remain and need to extend your visa, you must ensure that you apply before the expiry date of your current UK visa.

If you wish to remain in the UK after the 28 day period has passed, you should leave the UK and reapply for a visa.

Switching from a Student visa to Tier 2

The forthcoming changes will not affect the existing requirements which are in place for migrants seeking to switch from a study route into Tier 2 of the Points-Based System. If you are seeking to switch from a study route into Tier 2 you must have valid leave to remain at the point you make your application.

Applying under Tier 4

If you are applying to extend your existing Tier 4 (Student) visa, the gap between the end of your current leave and the start of your studies must be no more than 28 days.

This change will affect all Tier 4 applications for further leave to remain that are made on or after 1 October 2012.

If you require further guidance or assistance on the above, please contact us.

Contact Newland Chase