Is an out of time settlement application possible?

[geriatrix]

Is it possible to make an out-of-time application for settlement?

With the changes (regarding out of time applications for settlement) as mentioned in HC 194 coming into effect from 09-Jul-12 and 01-Oct-12, it appears that making an out of time settlement application within 28 days of becoming an overstayer is now possible.

PBS migrants - 245BF(f), 245CD(i), 245DF(e), 245EF(e), 245GF(h), 245HF(g), 245ZS(d).
PBS dependants - 319E(i), 319J(h).

WP migrants - 134(viii).
WP dependants - 196D(vii).

Ancestry - 192(v).
Ancestry dependants - 196D(vii).

HSMP JR (settlement) migrants - Included in 245CD under Appendix S.
HSMP JR (settlement) dependants - Must be given the same immigration status as the principal migrant, in line with the court order.

Family route partners (subject to old rules) - Having valid leave wasn't a requirement for a SET(M) application before 09-Jul-12 and migrants under the old rules continue to benefit as before (287). These migrants remain exempt from the 28 days rule.
Family route partners (subject to new rules from 09-Jul-12) - E-ILRP.1.2

The above is obviously not an exhaustive list of all immigration categories but reflects the most common categories. The other (missed out) categories may also now be subject to this change, so do check.

In essence - One doesn't need to make an in time application for settlement. An out of time settlement application will be assessed as normal as long as it is submitted within 28 days of becoming an overstayer (migrants coming under immigration rule 287 exempted).


Feel free to agree or disagree.
Will appreciate confirmation / correction from learned members.

[wpilr_nov12]

So the strategic advantage would be right of appeal if applied after visa expiration. Or is that taken away ?

[geriatrix]

An out of time application if refused doesn't attract a right of appeal. That risk remains, just like for any other out of time application.

[wpilr_nov12]

Could one use all or part of the 28 days overstay to make their 5 years residency complete?