From 1 October 2012 migrants who have overstayed their leave for a period exceeding 28 days will have any application for further leave automatically refused.
On 29 June 2012 the UK Border Agency ("UKBA") announced that this change would affect applicants applying for further leave to remain in the UK under the points based system as well as through a number of other routes, including all working and student routes.
From October 2012:
- Migrants with limited leave to remain must apply to extend their leave in good time.
- If the migrant decides he wishes to remain in the UK after the 28 day period has expired then he should leave the UK and apply for a visa to return from outside the UK.
For further information or to discuss the issues raised, please contact Sarah Buttler on +44 (0)20 3051 5711.