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Changes to the immigration rules for overstayers

26 September 2012

On 4th September 2012, the UKBA announced changes to applications submitted by overstayers. These changes will take effect on 1 October 2012.The new requirements might affect the migrants, who are currently present in the UK under:

-       the point-based system;

-       all working and students rules;

-       visiting routes;

-       long residency routes;

-       discharged HM Forces;

-       UK ancestry routes.

Migrants, who have overstayed their leave by more than 28 days at the point of application will no longer be able to apply for further leave to remain the UK as their application will be refused. Migrants who find themselves in this situation will need to leave the UK and make an entry clearance application.

The changes in the Immigration Rules will also affect Tier 4 applicants, intending to apply for Tier 4 (Student) leave extension. The applicant has to make sure that the gap between the end of the current leave and the start of the studies must be no more than 28 days.

Please note that Tier 4 students who wish to switch into the Tier 2 scheme must have a valid leave to remain in the UK.


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.