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Update on late submission of extension or ILR applications

21 July 2012

From 9 July 2012 those seeking further leave to remain as family members (including settlement) will be refused if they have overstayed by more than 28 days.

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.

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.

However, under the changes to the Immigration Rules the ban will only apply where the migrant overstays by more than 90 days.

From 1 October 2012 other immigration rules, including those for persons studying and working in the UK, will be brought into line with this approach, with applicants refused if they have overstayed by more than 28 days.

However, this may cause serious issues for migrants who might be prevented from  returning to the UK - for example, the new 'cooling off' periods imposed across all Tier 2 routes would come into play once the visa has expired.

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Migra & Co is a private immigration company, regulated by the Office of the Immigration Services Commissioner (OISC), reference number F200900038. This website is not a government website and as such, we are not linked or affiliated with the UK Visas and Immigration. We offer expert legal advice and flexible tailored solutions to both private and corporate clients to ensure that their immigration needs are met. If you wish to download or prepare a UK visa application form, you can do so free of charge by visiting the Official UKVI website.