Archive for 'leave to remain'

Leave to Remain – Family and Private Life Basis

Friday, September 14th, 2012 at 4:44 pm  
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Extending Visas

Apply for leave to remain under one of the family of partner routes on the basis of family or private life

The UKBA states that since 9th July 2012 if you wish to remain in the UK on the basis of your family or private life you must apply under one of the family or partner routes. We will not consider any application made on the basis

of your family or private life under any other categories, including:

  • Tier 1 (Exceptional talent);
  • Tier 1 (Entrepreneur);
  • Tier 1 (Investor);
  • Tier 1 (General);
  • Tier 1 (Graduate entrepreneur);
  • Ter 2 (General);
  • Tier 2 (Minister of religion);
  • Tier 2 (Sportsperson);
  • Tier 2 (Intra company transfer);
  • Tier 4 (General);
  • Tier 4 (Child);
  • Tier 5 (Temporary worker – creative and sporting);
  • Tier 5 (Temporary worker – charity workers);
  • Tier 5 (Temporary worker – religious workers);
  • Tier 5 (Temporary worker – government authorised exchange);
  • Tier 5 (Temporary worker – international agreement); or
  • Tier 5 (Youth mobility scheme).

If you wish UKBA to consider an application on this basis you must apply under the correct route, using the appropriate application form:

  • FLR(M) for the 5-year partner or parent route;
  • FLR(O) for the 10-year partner or parent route; and
  • FLR(O) for the 10-year private life route.

A request for leave to remain on the basis of family or private life will be considered under Appendix FM and paragraph 276ADE of the Immigration Rules.

Applications from Overstayers UKBA Update

Thursday, June 28th, 2012 at 10:32 pm  
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Changes to applications from over-stayers

This UK Home Office warning to overstayers, includes students.

From 1st October 2012 if you have overstayed your leave by more than 28 days any application for further leave will be refused. This change in the Immigration Rules will affect applicants 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 obtained limited leave to remain you must ensure you apply to extend your leave, if needed, in good time. If you wish to remain in the UK after the 28 day period you should therefore leave the UK and reapply for a visa. This change is in line with the new immigration rules coming into effect for the family migration route from 9th July 2012.