UK Immigration Overstayers Rule Changes



Are you subject to immigration control in the UK? 

Did you have leave to remain in the UK? 

Has that leave now expired? 

Are you still in the UK?


Do you have leave that is about to expire?

The Immigration Rules are changing …. Please read on

People who are subject to immigration control who remain in the UK beyond the expiry of their leave are known as overstayers. Whilst it has always been a criminal offence to be an overstayer, it has always been possible for overstayers to try to regularise their immigration status by submitting an application to remain in the UK – no matter how long their period of overstay. This is all about to change – very soon:

The UK Border Agency has announced that from 1st October 2012 it will no longer accept applications from overstayers where the period of overstay is over 28 days.

If you are currently in the UK as an overstayer and do not have an outstanding application with the  UK Border Agency you have a very limited period of time within which to seek to regularise your status. We recommend you urgently obtain detailed legal advice with regard to your situation.  If you currently do not have leave, or if your leave is due to expire before 1st October 2012, it may be in your interests to submit an application for further leave to remain in the UK prior to that date.

This appears to be a deliberate policy on behalf of the UK Border Agency to encourage all those who are in the UK currently without leave to regularise their status or to leave the UK. If you wish to remain in the UK please contact us at your earliest convenience in order that we may advise you appropriately.  Please note we will charge a fee for an initial consultation.  That fee will be put towards your substantive work in the event that you instruct us to assist you with an application.

From 3 September 2012 if you have limited leave to remain (i.e. leave that will expire) and you wish to remain in the UK beyond the date of expiry then you SHOULD apply before the date of expiry and in any event will HAVE to apply within 28 days of the date of expiry.

*Please note: people who remain in the UK whilst they await a decision on an application for further leave to remain submitted before their leave expired, or a decision on a subsequent appeal, are NOT overstayers.

One Immigration are specialist Immigration Advice Lawyers based in Leicester with offices in Coventry & Birmingham and represent clients across the Country. Contact One immigration Ltd on 0116 2552110 or email

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