The UK Border Agency has announced important changes to the way applications from visa overstayers will be treated.
Starting 1 October 2012, if you have overstayed your leave or permission to stay in the UK by more than 28 days any application for further leave will be automatically refused.
The Government will incorporate this change into the Immigration Rules and will affect applicants applying for further leave or visa extensions under:
- the points-based system;
- all working and student routes;
- visiting routes;
- long residency routes;
- discharged HM Forces; or
- UK ancestry routes.
The change fits in with the new Immigration Rules coming into effect for the family migration route from 9 July 2012.
Last month the Home Office announced that from 9 July 2012, if you want to marry a foreigner (non-EEA European Economic Area nationality) and live in the UK together you must earn £18,600.
The right to appeals against a refusal for a family visit visa will also be abolished this month.
The UK Border Agency advises applicants with limited leave to remain to ensure they apply to extend visa in time – before the visa expires.
If you wish to remain in the UK after the 28 day period the agency says ‘you should leave the UK and reapply for a visa’.
Immigration Advisers Bison Management has dealt with many cases of migrants who have overstayed their visa period. Bison Immigration Adviser Cynthia Barker said:
‘Overstaying applicants are normally automatically refused unless there is a strong case for a human rights appeal or for instance where they are in a relationship or have a child with British or EEA national.
‘Many of the cases are dealt with on an ‘outside the rules’ basis or go to a full appeal at the First Tier Tribunal.
‘The changes to the immigration rules will set out more clearly when a refusal will be issued.’
Employers who employ migrant workers on working or students visas should have a system in place to monitor visa expiry dates.
Overseas students should also be monitored to ensure they are actually studying as well as working for the correct number of hours.
Bulgarian and Romanian citizens are subject to restrictions on working in the UK and cannot be employed in the same way as other EEA nationals. UK work restrictions on Bulgarian and Romanian nationals, were extended until the end of 2013 by the government last November.
Employers who fail to carry out the proper checks on migrant workers, including Bulgarians and Romanians, risk a fine of up to £10,000.
Home Secretary Theresa May is expected to announce a change to the ‘Life in the UK Test’ according to the Sunday Times today.
If you need any immigration advice or are worried about the new immigration rules or need help with Sponsorship or Tier 2, Tier 4, applying for university if your college has closed down, Visa, ILR/Settlement, Citizenship, Dependant Visa or an Appeal against a refusal, or if you have been waiting for a reply from the Home Office for longer than a year, please email:
EMPLOYERS – NEED AN IMMIGRATION FILE AUDIT?
The UK Border Agency can fine you as much as £10,000 for employing a migrant worker illegally.
Immigration Advisers Bison Management UK has been helping employers with work permits and visas since 1998. They offer a complete file audit service at your premises.
Don’t risk a fine, call in the immigration specialists – 0208 905 1822 or email firstname.lastname@example.org