Categories: News

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.

See also:

New appeal regulations on family visit visa confirmed

YES, RIGHT OF APPEAL TO BE ABOLISHED FOR FAMILY VISIT REFUSALS

Immigration clampdown announced – if you want to marry a foreigner and live in the UK together you must earn £18,600

Visa and Immigration Appeals on the increase

Full right of appeal removed for UK family visit visa

Filipino Fiancé(e)s, Spouses and Partners of Foreign Nationals need exit clearance sticker in order to leave the Philippines

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: 

info@immigrationmatters.co.uk or visit www.immigrationmatters.co.uk for free immigration news updates. 

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 info@recruitnurse.com

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138 Responses to “Visa overstayers will be refused under new UK Immigration Rules”
Read them below or add one

  1. airforce720@hotmail.co.uk' airforce720@hotmail.co.uk'Lee says:

    Hi,
    My student visa will end by 31/10/12.
    Does that mean that I have 28 days more to stay after my visa expert?
    For example, I will leave on 25/11/12 and will it be totally fine?
    Thanks.

  2. The Immigration Rules have changed. If you want a second opinion, consult another adviser or try Bison Management for a consultation where they can go through the case. Call 0208 905 1822

  3. martialartsjclark@btinternet.com' martialartsjclark@btinternet.com'Jennie Alvarez says:

    I’ve been with my husband for 2 1/2 years we married in February this year. He is an overstayer. We submitted our application on 30th march. We have a lawyer processing it all. My lawyer now seems to think that now the laws have changed (on 9th July) we will have problems with our application. I’m confused as the ukba site says that all applications before 9th July will not be affected by the new rules.
    I’m really worried now that we will be refused and have to go through the appeal process.

    has anyone got any ideas on this?
    thanks

  4. dj.decash@hotmail.co.uk' dj.decash@hotmail.co.uk'yusuf says:

    hi,i want to find out what can i do,i 1st came to the uk 2000 and i was 11yrs old and i start my secondary school year 7 but i was staying with my dad sister,i was bad at school because i fight and at the age of 12yrs old i have to run out of the house for 1week because my family beat me all the time when my teacher call home and the police find me and take me back home but i told the police that i hate my family bcos they beat me all the time that i have to run out of the house,then age of 13years 2003 my dad sister took me back to nigeria bcos i was about to call the solice workers to then to take me because i was fed up,so i was in nigeria till 2007 with my mother but she was broke,poor and sick so i came back to uk 2007 back with my uncle and i stay at my 2nd aunty house but my dad did not want me to come back to uk but i did not answer him because he was not looking after me and my mother is sick so i leave my anuty house but i cant find my passport so i start to stay with my old school mate because i cant find my passport to go back so 2008 i start going to college for 2yrs til 2010 but i cant work i start moving from one place to another because my father family dont want to see me no more and my dad because have overstay but i have no choice of what to do then find a girl to be with and live with her,she play me so i have to mark more friends and stay with friends but i have no money to send to my mother in nigeria and she the only1 i got left that love me so she died 4month ago,now i do not no what to do to be come resident in the UK before the law Starting 1 October 2012 because i do not have no one to go back in nigeria and i do not no were my father live no more because have not see him for 4yrs now, i will be happy to no what to do.

  5. oriakuchambers@yahoo.com' oriakuchambers@yahoo.com'Possible says:

    Hi

    Some one applied for extension of student visa in 2010, after
    His visa expired but within the 28 days allowed under the
    new rules. Right now that matter is still on and he has
    an admission for a PhD. The refusal was based on the fact that
    he had no leave while applying.
    but the new rule permits the 28 day period.

    How can the new rule help the matter.

    Thanks

  6. bennystar007@hotmail.com' bennystar007@hotmail.com'Ben says:

    to whom excatly i should report to? because you can’t expect the courts or the UKBA to turn around and say we are guilty and we are sorry!!! it hurts so much when you decided to live in the the country that once was reknown globally for its fairness, justice and multiculturism. more so you lived 11 years of your life, contribited daily to the progress of your dream home country, studied there and own a small business there and established a private life. got married but unfortunately got seperated to an EEA national currently resident in the UK and have family members there, etc. i know that UK immigration rules don’t apply to EU Natonals and their family members. but that wasn’t even considered in my case. how about this, the judge based his judgement on misreading my civil marriage date with one of the religious marriage. you know it required to have minimum of 3 years of marriage to qualify but the judge only considered the religious marriage which was done a year later, and on n’ on, n’ on. you get arrested on suspicion of being an illigal immigrant when my solicitor did send my appeal to AIT with RM special delivery while the latter deny receit of our papper bundle. worst of was while the court received our application they failed to inform my solicitor n’ the UKBA of this which resulted of swift unlawful and illegal removal. well that is it my awful experience sumed up for the all to read and come to realise that the system is unfortunately wrong and dishonest at least on my case.

  7. monikadunns15@yahoo.co.uk' monikadunns15@yahoo.co.uk'monika says:

    SO in other words you cannot get married if you are poor. So we are living in a state that is been govern by Hitler, peopels lives has been dictate in every way, It wouldnt suprise me if women are told not to have any more children and if you do you can be killed.

    Everyone has a right to a private life and it’s up to UKBA to figure out their case work, and not to tell people who they should marry or been in love with. I wont get marry then because the laws of this country tells me that because am not earning as much money, then I am not suppose to be marry.

    Just stay in my house and be a recluse or a loner because the law said so. You people are having a right laugh. They makes me sick, look at the 14 yrs old that RAPE the 5yrs old baby, was let to walk free because it is society that causes him to watch pronography, so every woman can be rape and men walk free because it’s men nature to rape and it’s society allows it to happen, get a grip of yourself home office.There’s clearly no justice for the poor man.

  8. monikadunns15@yahoo.co.uk' monikadunns15@yahoo.co.uk'monika says:

    SO in ither words you cannot get married if you are poor. So we are living in a state that is been govern by Hitler, peopels lives has been dictate in every way, It wouldnt suprise me if women are told not to have any more children and if you do you can be killed.

    Everyone has a right to a private life and it’s up to UKBA to figure out their case work, and not to tell people who they should marry or been in love with. I wont get marry then because the laws of this country tells me that because am not earning as much money, then I am not suppose to be marry.

    Just stay in my house and be a recluse or a loner because the law said so. You people are having a right laugh. They makes me sick, look at the 14 yrs old that RAPE the 5yrs old baby, was let to walk free because it is society that causes him to watch pronography, so every woman can be rape and men walk free because it’s men nature to rape and it’s society allows it to happen, get a grip of yourself home office.There’s clearly no justice for the poor man.

  9. You should see an adviser for a proper consultation, as the 14 year Rule is not as straightforward as many people assume. Try Level 3 OISC Registered Immigration Advisers Bison UK on 0208 905 1822

  10. nadiaabid@rocketmail.com' nadiaabid@rocketmail.com'losthope says:

    Hi, I missed deadline to apply under the 14 year rule did not have the full fee. Is there any hope at all?

  11. If you overstay your applications will normally be refused unless you can show grounds as to why it should be accepted.

  12. I have never heard of this conspiracy theory to pervert the course of justice. If you have proof and evidence you should report the matter. Bison UK has dealt with many hundreds of appeal cases and won most of them. Don’t lose hope.

  13. kunlex4life@yahoo.com' kunlex4life@yahoo.com'Drew says:

    Does this mean that for the case of overstayers that leave voluntarily; their subsequent applications from outside the uk would be continiously refused? Or would that be accepted as a fresh application

  14. bennystar007@hotmail.com' bennystar007@hotmail.com'Ben says:

    UKBA has been applying this already. but what worst is that they normally fiddle with your papper bundle and obstruct it from going straight to court. they also persuade the courts to have your application, appeals and files withheld and maybe lost under the pretence they don’t have your papper work. which causes genuine appeals and some application to fail and refuse you then accuse you of overstaying your visa. i know this is true 100% cause cause that’s what happened to me. the new immgration system is blantanly fraud, dishonest and totally hostile to immgration…………………………………….

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