Changes to applications from overstayers from 1 October 2012
In June 2012 we announced that from 1 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 1 October 2012, will apply to applications under the remaining routes which were made on or after 9 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 1 October 2012. We will be updating the Tier 4 (Student) policy guidance to reflect this change. Please monitor this website for further information.
The 28 day period of overstaying is calculated from the latest of:
• the end of the last period of leave to enter or remain granted, or
• the end of any extension of leave under sections 3C or 3D of the Immigration Act 1971, or
• the point a written notice of invalidity is deemed to have been received, in accordance with paragraph 34C or 34CA of the Immigration Rules, in relation to an in-time application for further leave to remain.
It is also important to note the following statement included in HC 194:
7.18 wrote:Where an applicant submits an application before their previous period of leave to enter or remain expires, but the application is rejected as invalid after their leave expires, the 28-day window in which the application may be submitted as an overstayer will start from the date on which the application was rejected, rather than when leave expired.
