28 days and you’re out, says UK Border Agency

From the 1st of October, it will be a lot more difficult for those overstaying in the UK to apply for Indefinite Leave to Remain (ILR).

The UK Border Agency has said that from this date, applications for extensions will be refused if the applicant has overstayed his/her leave by more than 28 days at the time the application is made.  These applicants will need to return to their home country and apply for entry clearance.

The 28-day rule was already in place for applications made under the family migration route.

Anyone wanting to extend their Leave to Remain must submit their applications on time, in order to avoid losing their right to stay in the UK. This applies to further leave under the points-based system for all working, student, visitor, long residency and ancestry routes.

  • Anyone in the UK on a valid visa looking to obtain Indefinite Leave to Remain who loses their visa because of this rule, will not only need to return to their home country, but will also lose all the time they have accrued towards ILR (5 years). Should they be allowed back into the country, they would have to start all over again.
  • The rule changes don’t affect the existing requirement for migrants who wish to switch from a study route to Tier 2. If this is the case, the applicant must have valid Leave to Remain at the time of application.
  • Those applying to extend their Tier 4 (Student Visa) must ensure that the gap between the end of their current Leave to Remain and the start of their studies is no more than 28 days.

For advice or information on UK visas, please visit www.1stcontactvisas.com.

  • Roshan

    Hi,can I know what will happen to those family who has been staying illegally for years and have a baby born in UK,will they have the right to apply for leave to stay?

  • http://www.1stcontactvisas.com Kelly

    HHi Roshan

    A child born in the UK after 01.01.1983 will follow the route of their parent at the time of their birth, and therefore a child cannot obtain an immigration status if the parent is living in the UK illegally.
    In the same way a child can only obtain British Nationality if a parent has Indefinite Leave to Remain (ILR) or British Citizenship at the time of the child’s birth.

    I trust this has assisted.

    Kind Regards

  • Roshan

    What about those kids who are going to school here and have already integrate in this countries,with family and friends in this society?

  • http://www.1stcontactvisas.com Kelly

    Hi Roshan

    Unfortunately there is no direct claim to an immigration status as the child was born to a parent(s) with no status.

    In some cases, families have applied through various Human rights claims, and may have obtained a settled status in the UK but this could also affect the entire family in a way that would require the removal of the family from the UK.

    If you would like to seek legal representation in this matter, I would suggest that you contact Peter lock and Company – this is a firm of Immigration Solicitors who would be able to assist with an application for settlement for your family.

    Contact: peter.lock@peterlockandcompany.com / 0208 686 8864.

    I trust this has assisted.


  • isa

    I can apply for some visa in uk. if my child born here and my boyfriend is citizen uk.

    I stay in uk which visa tourist. That is possibly apply inside uk.