Further leave visa changes in UK take effect next month

by Ray Clancy on September 12, 2012

Changes come into effect from 01 October

Changes to the UK visa system for applicants for further leave are coming into effect from the beginning of next month.

The UK Border Agency said that from 01 October applications for further leave will be refused if applicants have overstayed their leave by more than 28 days at the point when the application is made.

The new rules already apply to applications made under the family migration route and will now apply to applications under the remaining routes which were made on or after 09 July 2012.

‘If you have limited leave to remain you must ensure you apply to extend your leave in good time if you are applying for further leave under the points based system, all working and student routes, visiting routes, long residency routes, discharged HM Forces or UK ancestry routes,’ said a spokesman.

‘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,’ he added.

The rules changes do not affect the existing requirement for migrants seeking to switch from a study route into Tier 2 of the points based system.

‘If you are seeking to switch from a study route into Tier 2 you must have valid leave to remain at the point you make your application,’ the spokesman explained.

‘If you are applying to extend your Tier 4 (Student) leave the gap between the end of your current leave and the start of your studies must be no more than 28 days,’ he added.

This change will affect all Tier 4 applications for further leave to remain that are made on or after 01 October 2012. The agency said it will be updating the Tier 4 (Student) policy guidance to reflect this change.

The Agency has also revised the Tier 1 (Exceptional talent) guidance.

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