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.