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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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Do you employ foreign workers? Don't risk a £20,000 fine and a possible custodial sentence. We can advice on Entrepreneur Visas, Investor Visas and Home Office sponsor licence compliance for your business. Use the button below to schedule an appointment...
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138 Responses to “Visa overstayers will be refused under new UK Immigration Rules”
Read them below or add one

  1. euukimmigration@gmail.com'

    You need to take advice. Try 02089051822

  2. samiul2050@yahoo.com'

    I applied before my visa expired. But my college was suspended and I was refused. Then I made a fresh application within 28 days . Unfortunately second time my college was suspended and I got refuse. But in this refusal latter they told me I am an over stayer. But I do not understand how I am an over stayer?

  3. Visu1979@hotmail.com'

    My mum she is 61 yrs old widow. she has no depedent in india. She hasn’t got any accommodation in India and no income. She depedent on my self. My younger brother died in 2005 nd my father died in 2009. She came over here in 2009 as a visitor visa and she overstayed. What do you think can put her application as a depedent. Or shell I wait until she gets 65 yrs old.

  4. elyssatn77@yahoo.ca'

    Hi,just want an advice on what to do.Am married toa British National and we got 3 young children,aged 4yrs old,1yr and 6months old and a 3 months old.My spouse visa expired last October 2012,I didn’t able to apply for ILR due to financial circumstances my husband was unemployed for a couple of months we can’t afford to pay anything will needed for my visa extension and when he got a job offer just on time for my visa expiration and we wasn’t able to settle ourselves yet cause we are needing to relocate and rented out our own flat to pay our mortgaged,and at this moment we are renting a house where my husband based for his job.Not sure what to do,we are trying to get an advice from CAB but seems like
    nothing’s happening.Anyone same situation w/mine could share or advice is much appreciated.

  5. cutieindacoach@aol.com'
    cutieindacoach@aol.com'Racquel says :

    HELP! My friend overstayed his UK student visa by 2 days in Jan. 2013. He paid for his expenses to return home in the U.S. He wants to return as a regular tourist/visitor without applying for a VISA at the end of April 2013. Would he get rejected by customs? He applied for a VISA in Feb but did not complete the process so his application expired. He plans to just take a flight over there, and hope they let him in to be a tourist. Please let me know what you think. Thank you.

  6. euukimmigration@gmail.com'

    Call 02089051822 to see an adviser.

  7. binsim7in@yahoo.co.in'

    Hi, I am an Non Eea National married to Eu Citizen from last 7years and i was on 5years Residence card of Eea family member which expired on August 2012. I didnt applied for my Indefinite because from last 2 years my wife is working in Abroad in Middleast, but its a Genunine marriage, now i am alraedy 7 months Overstayed on my visa and i dont know what can be my next procedure to apply in her absence in this country. Can anyone help me by guiding to me a right direction.

  8. don6148@gmail.com'

    My visa has just expired march 23rd can I leave this countary leaglely with in 28 days or I will get a stamp of ban wht should I do now

  9. mannboy33@yahoo.com'

    hi there,i have overstayed in uk for more then 7 years,i cudnt get married to my partner due to my invalidravel documents,so i left uk volunterly,and now in malaysia to sort my paperwork out..can i come back as a visitor to get marry my partner in london once my paperwork is done?pls advise me ..thanks

  10. shraddha_c@hotmail.com'
    shraddha_c@hotmail.com'Shraddha says :

    Hi…i had applied for a post study work visa after my tier 4 student visa…i have a psw visa foe feb 2014..but i decided to return to my country july last year..i havent been to the uk for the last 9 months..are there any restrictions to go back to the uk..or can i enter uk and stay for the rest of the time ..that is until my psw expires..any information regarding that would be very helpful

  11. euukimmigration@gmail.com'

    See an adviser – call 0208 905 1822

  12. euukimmigration@gmail.com'

    A bit late to ask now when your case is already with UKBA! You should have asked your solicitor before it was submitted. If you need a second oppion on your case you can try calling 02089051822 to speak to an adviser. They will need to look at the case and on what basis you have applied.

  13. ruhit08@live.co.uk'
    ruhit08@live.co.uk'S Alam says :

    Hi I’m aplyed ILR. Now happned is my pally fee gads been dicline.and my visa expire 13 march 2013 now wath I should do?

  14. Dashy420@hotmail.com'

    Hi, i met fiancé in 2009 aug, he came in 2006 and his visa got expired in 2009 aug and he overstayed, we got engaged in 2012 and want to get married, our solicitor has processed his case and recently just had his biometric test done, just wanted to ask that how strong is our case? Plz help.

  15. madam.fancy.pants@gmail.com'
    madam.fancy.pants@gmail.com'Pip Oxley says :

    Hello. I submitted my application to extend my Tier 1 visa application last week – a week before it expires. I have just today discovered that the application is missing one page – the payment page. I rang UKBA and was told that the application will be returned as invalid and that I just have to wait. I was told that I will get an additional 28 days to submit the application – is this correct. I also need to know whether this will affect my ability to settle in the UK later on? Will I have a record of overstaying or is this not the case?
    Thanks Pip

  16. israrpeerzada@yahoo.co.uk'

    hi my friend send hisa student visa documents for extantion to wrong address.and his visa will expire after 1 week.what should he do if his documents return later from that place then his visa expired then what happened please can you tel me good suggestion

  17. Lucy_lockets06@hotmail.co.uk'
    Lucy_lockets06@hotmail.co.uk'Yasmany says :

    Can anyone give me advice please? I am currently on a 6 month family visa I am due to return home in April and my wife gives birth in may, 4 weeks later! Does anybody have any advice on what I can do I have seen lawyers etc but would like your opinions also thanks

  18. euukimmigration@gmail.com'

    Not sure what she actually applied for or why? Long stay applications often get refused because people think it’s simply a matter of completing a form. She needs advice – call 0208 905 1822.

  19. nuttylad@hotmail.com'

    Hi there,

    My friend applied for a student visa in oct 2011 it was refused so she applied for indefinite stay in jan 2012 as she had been in the country 14 yrs Nov 2011. They have refused her on the new laws that came in july 2012 stating she hsasn’t been her the required 20yrs can they do this as she applied in jan when the rules were 14 yrs.

    Thank you for any help

  20. campbell.kimmy@yahoo.co.uk'

    hi this is about my son that lives in jamaica , i live in the uk with 2 children that are british born i too hane gained citizenship . what i want to know is, is there any chance for my son to get a visa to come join me if i earn below £18600 i have 2 jobs and i still canot meet that demand not on any benifits and this is just killing me slowly

  21. euukimmigration@gmail.com'

    You should apply for a a different visa/further leave to remain (not visit visa) based on your new situation and a British child. See an immigration adviser – 02089051822

  22. munirnabikhan@hotmail.com'
    munirnabikhan@hotmail.com'Munir Nabi Khan says :

    My sister is travelling to UK on visit visa since she was 9 years of age.She came back from UK in 2008 and reapplied for visa.During her last stay in UK on visit visa she applied for HSMP and not mentioned on form on reapplication.Visa refused and she applied five times with same result.How to solve her visa problem.

  23. Tom2lord1@gmail.com'

    I have been visiting uk since 2009 from when I had my 6month visiting visa after the 6months I was issued 2years visiting visa, now i am using 5years visiting visa but Now i have a British child in the UK with my partner, I cannot even go back to my country because the father of my child is not from the same country with me, my visa is stil 4years vilid ,I want to know how I can get stay in the UK.

  24. mark_gahol@yahoo.co.uk'

    hi,
    my current visa expires on the 1 of April however my sponsor could not issue a new COS for me until the 6 of April, will i be refused if i made an application 7 days after my visa expires? or do i qualify to the 28 days grace period?

  25. Nizam-arshi06@yahoo.com'

    Hi I have applied for indefinite remain leave in December. I’m from India and my visa has run out in January. I want to go to India for a few weeks visit. Is ther any solution for my problem. What do I have to do now.

  26. euukimmigration@gmail.com'

    If you apply for a Indian visa when you are currently here illegally it will probably be refused. If you cannot comply with a UK student visa why would they want to give you a visa?

  27. salutamor@yahoo.co.uk'
    salutamor@yahoo.co.uk'serena says :

    Hi,
    I am a mauritian citizen with an expired student visa (overstayed 25 days), I actually want to travel to india on tourist visa for 1 month and go back to my country. Is it possible for me to do this??

  28. euukimmigration@gmail.com'

    Natalia If you want a second opinion try 0208 905 1822. They may be able to help you stay and apply from here.
    You could be stuck overseas for months, especially if you are refused for any reason. At least if you are here you have access to the British justice system and the appeal courts.

  29. natesch@hotmail.co.uk'
    natesch@hotmail.co.uk'natalia says :

    hi there,

    im married with british citizen and we have 2 son. my spouse visa expired on 1st december 2012. and im late to extend my visa.

    i spoke to solicitor and they said i should volunter leave the country before 90 days from the date my visa expired, but with 2 kids and 1 just 10 weeks old, is bit dificult for me to have long jourey to asia.

    can i just apply from here or should i go and apply from my country ?

    many thanks

  30. tajulnborna@yahoo.com'
    tajulnborna@yahoo.com'TAJUL ISLAM says :

    I going to uk any how beacuse i am very poor man . any one help me .

  31. kmb5221@hotmail.com'
    kmb5221@hotmail.com'kristen says :

    I came to the UK on a fiance visa in November 2012. My now husband is in HM Forces which is why I moved over here then 30 weeks pregnant so that my son could be with his father. I had the baby in January and my fiance visa expires in April. We currently were hit with a financial nightmare and can’t afford to pay the £561 required to pay for a spouse visa. What is the best thing for us to do? Worse case scenario, would I be separated from my infant, UK citizen son if I can’t come up with the money in time?

  32. adjoa.koomson@yahoo.com'
    adjoa.koomson@yahoo.com'adjoa koomson says :

    hi,
    my visa expired on jan 31 2013 and have overstayed for 15 days a at today.
    My reason for overstaying is that i am heavily pregnant (about 34weeks pregnant) and would like to deliver here before i leave the country.
    I have worked for more than 1 year with my current employer and entitled to a maternity pay.
    Due to the expiration of my visa, they are threatening not to honour my maternity pay.

    What do i do, please advise.

  33. mohsinsalu@yahoo.co.in'

    Hi, could you please reply in my case. M eagerly waiting to hear from you. Will they accept my file??

  34. euukimmigration@gmail.com'

    THis is just a standard letter generated when they send the application to a caseworker. How long it will take from here is anyone’s guess.
    A recent Domestic Violence/ILR case took 4 weeks to approve, but others are taking 6-12 months.
    Your employer could chase up via sponsorship unit.

  35. valiaveweth@yahoo.com'
    valiaveweth@yahoo.com'Claire says :

    Hi, I’m American and just finished a masters degree here. I was offered a job and they completed the certificate of sponsorship and we did the application. I just received a letter from the UKBA saying that they have received my application and it will be passed to a caseworker and then I will be informed of where to go for my biometrics. Is this a good sign? How much longer will this process take?

  36. salu_1310@yahoo.com'

    Hi, I have applied for my visa extension on the last day of my previous visa expiration. I have done everything on time. I submitted my file through post. But the post office did mistake. Instead of sending it to home office address they sent to my address. I again posted it but it looks like that I have applied after expiration of my visa. I didnt opened the envelop and put that envelop in another one with the letter and receipt stating that it is post office mistake. In this case do the ukba will accept my visa application? Thanks

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