Changes to the immigration rules for overstayers

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.