Switching to a tourist visa closer to Tier 5 expiry date

Frontier Mole wrote:You have 28 days to leave the UK after the expiry of your visa without becoming an ovrrstayer.Just leave after Glastonbury.

Casa wrote:Frontier Mole is of course correct. This is UKVI guidance;
Any applicant who is applying for leave to remain must not have remained in the UK for
longer than 28 calendar days after the expiry of their original grant of leave, on the date of
their application. Remaining in the UK after leave has expired is commonly known as
overstaying.
The 28 day period of overstaying is calculated from the latest of:
 the last day of their latest grant of leave to enter or remain, or
 the end of any extension of their leave under sections 3C or 3D of the Immigration Act
1971.

The full info can be found here if you scroll through it to the relevant section;
https://www.gov.uk/government/uploads/s ... 6.0EXT.pdf

Immigration Rules: introduction wrote:"Overstayed" or "Overstaying" means the applicant has stayed in the UK beyond the latest of:
(i) the time limit attached to the last period of leave granted, or
(ii) beyond the period that his leave was extended under sections 3C or 3D of the Immigration Act 1971.

1.1 RFL5.1 When must I refuse under paragraph 320? wrote:or(iii) the date that an applicant receives the notice of invalidity declaring that an application for leave to remain is not a valid application, provided the application was submitted before the time limit attached to the last period of leave expired.

1.1 RFL5.1 When must I refuse under paragraph 320? wrote:The rule requires that the applicant has overstayed for more than 90 days (or for any period if, after overstaying, he went home at public expense including AVR or similar programme).

A period of overstaying will be disregarded for the purpose of paragraph 9.8.4. (a) where the person left the UK voluntarily, not at the expense (directly or indirectly) of the Secretary of State, and:
(a) the person overstayed for 90 days or less, where the overstaying began before 6 April 2017; or
(b) the person overstayed for 30 days or less, where the overstaying began on or after 6 April 2017; or
(c) paragraph 39E applied to the period of overstaying.

106 wrote:In paragraph 320(7B)(d)(i) delete “28 days” and insert “90 days”

EXPLANATORY MEMORANDUM TO THE STATEMENT OF CHANGES IN IMMIGRATION RULES PRESENTED TO PARLIAMENT ON 13 JUNE 2012 (HC 194) wrote:Re-entry bans

7.19 Currently migrants who overstay their leave to enter or remain by more than 28 days are subject to a re-entry ban. Where a person subject to a re-entry ban seeks entry clearance or leave to enter, they will be refused, subject to certain exceptions for those seeking entry as family members. The length of the ban varies from one year to 10 years depending on whether the migrant departed from the UK at their own expense or at public expense, or whether the migrant used deception.

7.20 Overstayers are not permitted to work, they have no recourse to public funds, are denied access to free secondary healthcare and their details may be shared with credit agencies and other Government departments to deny access to benefits and services. However, where they fail to depart from the UK promptly after their leave to enter or remain expires, the re-entry ban can act as a disincentive to depart. Under the changes to the Immigration Rules the ban will only apply where the migrant overstays by more than 90 days. This extended period is to further incentivise voluntary departure and save the significant public expense incurred through enforced removal.

Statement of changes to the Immigration Rules: HC1078, 16 March 2017 wrote:9.2 In paragraph 320(7B) for sub-paragraph (i) substitute:
“(i) overstayed for-
(a) 90 days or less, where the overstaying began before 6 April 2017:
or
(b) 30 days or less, where the overstaying began on or after 6 April 2017
and in either case, left the UK voluntarily, not at the expense (directly or indirectly) of the Secretary of State;”

9.3 After paragraph 320(7B), insert:
“320(7BB). For the purposes of calculating the period of overstaying in
paragraph 320(7B)(i), the following will be disregarded:

(a) overstaying of up to 28 days, where, prior to 24 November 2016, an application for leave to remain was made during that time, together with any period of overstaying pending the determination of that application and any related appeal or administrative review;

(b) overstaying in relation to which paragraph 39E of the Immigration Rules (concerning out of time applications made on or after 24 November 2016) applied, together with any period of overstaying pending the determination of any related appeal or administrative review;

(c ) overstaying arising from a decision of the Secretary of State which is subsequently withdrawn, quashed, or which the Court or Tribunal has required the Secretary of State to reconsider in whole or in part, unless the challenge to the decision was brought more than three months from the date of the decision.”.

Explanatory memorandum to the statement of changes in Immigration Rules: HC1078, 16 March 2017 wrote:Changes relating to overstayers

7.34. Paragraphs 320(7B)(i) and Appendix V paragraph 3.9(a) are being amended to reduce the period of overstaying which is permitted before a re-entry ban is imposed on individuals who have remained in the UK after their leave to enter or remain has expired. Unless specific exceptions apply, anyone who has overstayed for more than 90 days is subject to a 12 month re-entry ban. This is being reduced to 30 days.

Consequential changes are also being made to Appendix V, paragraph 3.8.

7.35. The ban was introduced in 2012 to encourage those who had only recently overstayed and who could no longer apply for further leave in-country to depart and re-apply from overseas. The period of 90 days was originally intended to reduce any incentive to remain in the UK without leave. The reduction in the 90-day period to 30 days is being brought in to increase compliance with the Immigration Rules and reduce overstaying, while still enabling those who have overstayed for short periods and who are essentially compliant to return to the UK relatively quickly.

Points based system form (VAF9 April 2014) personal details wrote:6.6 Have you ever been in breach of your immigration conditions for the UK?

Guidance notes: points-based system form VAF9 wrote:6.6 Have you ever been in breach of your immigration conditions for the UK?
Answer ‘Yes / No’
If ‘Yes’ please provide details below
This will include overstaying or entering the country illegally, using a false identity or otherwise acting in such way that could cause you to be prosecuted and or deported or required to leave the UK.