Overstayers

Changes have been made to the Immigration Rules in regards to overstaying; key points to note:

For leave to remain applications decided on or after 24 November 2016, overstayers will be refused permission if they are in breach of the immigration laws unless that breach is an overstay of 14 days or less.

The definition of ‘in breach of the immigration laws’ has also been inserted into the Rules from 9 July 2012 and is defined as:

"…being without valid leave where such leave is required, or in breach of the conditions of leave."

Therefore, from 24 November 2016, overstayers can only apply again from inside the UK within 14 days of the date of overstay to avoid being refused on this basis.

An application from an overstayer of more than 14 days which is pending consideration before 24 November 2016, and decided on or after 24 November 2016, will be refused leave on this basis.

Applications from an overstayer of fewer than 14 days will need to show that there was good reason beyond the control of the applicant or their representative for the delayed application.

 

UKVI will have discretion to consider exceptional cases. Applicants who have overstayed by more than 14 days should meet with an advisor to discuss their case and assess if there are any exceptional circumstances which prevented them from submitting their application in-time.

If you are an overstayer or at risk of becoming an overstayer you must contact ISAS immediately.