The South African, Issue 485, 16 October 2012

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16 October – 22 October 2012

Issue 485

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OVERSTAY VISA BY 28 DAYS AND YOU’RE OUT

New Border Agency rules mean if you have limited leave to enter or remain in UK, your application for further leave will be refused if you overstay your visa by more than 28 days

C

by STAFF REPORTER

SHARK LIFE: Midnight feast’ by Thomas P Peschak is one of the South African entries that will go on display at the Natural History Museum this week as part of the world-renowned annual Veolia Environment Wildlife Photographer of the Year exhibition. See more exhibition photos and details on page 10.

UK Immigration • UK Visas • Permits • EEA visas • Residency • Citizenship • Appeals • Sponsorship Licences South African Immigration

HANGES to the United Kingdom Immigration Rules from 1 October now mean it will be a lot more difficult for those overstaying in the UK to apply for Indefinite Leave to Remain (ILR). If you are applying to extend your visa under the points-based system, all working and student routes, visiting routes, long residency routes and discharged HM Forces and UK ancestry routes, new rules apply. The UK Border Agency (UKBA) has said that as of 1 October, if you have limited leave to enter or remain in the UK and wish to extend your visa, you must apply within 28 days of your current visa expiring. Your application for further leave will be refused if you have overstayed your visa by more

than 28 days when you apply. According to the UKBA, “If you have no right to be in the country we expect you to leave voluntarily and we will enforce your return if you fail to do so. Where we need to enforce someone’s return they may be subject to a ban on reentering the UK.” Anyone on a valid visa looking to obtain Indefinite Leave to Remain who loses their visa because of this rule will not only need to return to their home country, but will also lose all the time they have accrued towards ILR (five years). Should they be allowed back, they would have to start all over again. Therefore, anyone wanting to extend their leave to remain must submit their application on time to avoid losing their right to stay in the UK. The 28-day rule was already in

place for applications made under the family migration route. The rule changes don’t affect the existing requirement for migrants who wish to switch from a study route to Tier 2. If this is the case, the applicant must have valid Leave to Remain at the time of application. Those applying to extend their Tier 4 (student visa) must ensure that the gap between the end of their current Leave to Remain and the start of their studies is no more than 28 days. Do you think this new immigration rule makes sense and will it affect you? Leave your comment online...

TheSouthAfrican.com/ News

0845 074 0514 info@bic-immigration.com www.bic-immigration.com

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Third Floor, Cutlers Court, 115 Houndsditch, London, EC3A 7BR

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