The Border Agency will from 1 October 2012 not approve applications for further leave to remain if a migrant has overstayed his or her leave.
Also if his or her leave has expired by more than 28 days at the point of making an application.
The new rules already apply to applications made under the family migration route and, from 1 October 2012, will apply to applications under the Points Based System
If a migrant has limited leave to remain he or she must ensure he or she applies to extend his or her leave in good time if the migrant applies for further leave under:
-
- the points-based system;
- all working and student routes;
- visiting routes;
- long residency routes;
- discharged HM Forces; or
- UK ancestry routes.
If the migrant wishes to remain in the UK after the 28-day period they should leave the UK and reapply for a visa.
Switching from study to Tier 2
The changes to the rules do not affect the existing requirement for migrants seeking to switch from a study route into Tier 2 of the points-based system, applying under Tier 4 points-based system. If the migrant is seeking to switch from a study route into Tier 2 he or she must have valid leave to remain at the point of making the application. If a migrant is applying to extend Tier 4 (Student) leave, the gap between the end of his or her current leave and the start of his or her studies must be no more than 28-days.
This change will affect all Tier 4 applications for further leave to remain that are made on or after 1 October 2012. Contact Shabana Shahab for further advice.
