Changes to the applications from Overstayers

From 1 October 2012 if you have overstayed your leave by more than 28 days any application for further leave will be refused. This change in the Immigration Rules will affect applicants applying for further leave under:

1. The points-based system;
2. All working and student routes;
3. Visiting routes;
4. Long residency routes;
5. Discharged HM Forces; or
6. UK ancestry routes.
7. This change is in line with the new immigration rules coming into effect for the family migration route from 9 July 2012.

If you have limited leave to remain you must ensure you apply to extend your leave, if needed, in time. If you wish to remain in the UK after the 28 day period you should leave the UK and reapply for a visa.


From 1 October 2012, applications for further leave to remain under the Points Based
System will fall for refusal if you have overstayed for more than 28 days on the date of application, unless there were exceptional circumstances which prevented you from applying within the 28 day period.  The 28 day period of overstaying is calculated from the latest of:
• the end of the last period of leave to enter or remain granted,
• the end of any extension of leave under sections 3C or 3D of the

Immigration Act 1971, or

• the point that a migrant is deemed to have received a written notice of invalidity, in accordance with paragraph 34C or 34CA of the Immigration Rules, in relation to an intime application for further leave to remain.
If there are exceptional circumstances which prevented you from applying in time you must submit evidence of the exceptional circumstances with your application.  The threshold for what constitutes ‘exceptional circumstances’ is high and will depend on the individual circumstances of the case, but for example may include delays resulting from unexpected or unforeseeable circumstances such as the following:
• serious illness which meant that you or your representative were unable to submit
the application in time (where supported by appropriate medical documentation).
• travel or postal delays which meant that you or your representative were unable to submit the application in time.
• inability to provide necessary documents.  This would only apply to exceptional or unavoidable circumstances beyond your control, such as UK Border Agency being at fault in the loss of, or delay in returning, travel documents, or delay in obtaining replacement documents following loss as a result of theft, fire or flood (where supported by evidence of the date of loss and the date replacement documents were sought)

If you have overstayed your permission in the UK for any specific reason, kindly elaborate. There may be a way that we can help you.
Although there is a limitation if you have over-stayed on your Visitor/Tourist visa.
Ukvisasguidance@gmail.com

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