The UK Border Agency has warned that since 1 October anybody with limited leave to enter or remain in the UK and wish to extend their visa must immediately apply for extensions or any further applications for leave to remain will be refused.
These latest changes to the UK Immigration Rules came into affect on 1 October, but apart from it being published on the UK Border Agency website no other publicity was given to it (Sneaky, as always). It now means that it will be extremely difficult for anybody overstaying in the UK to apply for Indefinite Leave to Remain (ILR).
The new rules apply to anybody who will be applying to extend a visa under the points-based system, all working and student visas, visiting visas, long residency visas, UK ancestry visas and anybody who has been discharged from HM Forces.
The UK Border Agency (UKBA) has said that as of 1 October, if you have limited leave to enter or remain in the UK and wish to extend your visa, you must apply within 28 days of your current visa expiring. Your application for further leave will be refused if you have overstayed your visa by more than 28 days when you apply.
UKBA says “if you have no right to be in the country we expect you to leave voluntarily and we will enforce your return if you fail to do so. Where we need to enforce someone’s return they may be subject to a ban on re-entering the UK.”
The 28-day rule was already in place for applications made under the family migration route. 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. In addition, the definition of the Tier 1 (exceptional talent) has been amended to explain that the “exceptional promise” aspect does not apply to the field of the arts.
