Changes to applications from overstayers from 1st October 2012

Following the UKBA announcement in June 2012, see news of changes to applications from over-stayers , from 1st October 2012 applications for further leave will be refused if you have overstayed your leave by more than 28 days at the point you made your application. The new rules already apply to applications made under the family migration route and, from 1st October 2012, will apply to applications under the remaining routes which were made on or after 9th July 2012.

If you have limited leave to remain you must ensure you apply to extend your leave in good time if you are applying for further leave 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 you must ensure you apply to extend your leave, if needed, in time. If you wish to remain in the UK after the 28 day period you should leave the UK and reapply for a visa.

Switching from study to Tier 2

The rules changes do not affect the existing requirement 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 Tier 4 (Student) leave 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 1st October 2012

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