A new frontier in the boundary between professional and private life – solicitors’ undertakings
Changes to Applications from Overstayers
Currently, individuals whose leave to remain (permission to stay) in the UK has expired have been able to submit an extension application any time up to six months after the expiry date of their existing visa. This is set to change. From 1 October 2012, any extension application submitted more than 28 days after a visa has expired will be refused. This change in the immigration rules will affect all points based system applicants, as well as those applying under all working and student routes, and the visitor, long residency and UK ancestry categories. It is also in line with the new immigration rules coming into effect for the family migration route from 9 July 2012 (see also our recent update on this).
It will therefore be vital for all employers and migrants to ensure that applications for an extension are submitted in time. If this is not possible, then the migrant should leave the UK and reapply for a visa. However, do bear in mind that the cooling off period will mean that Tier 2 and Tier 1 Entrepreneur migrants would not be able to reapply to re-enter the UK in the same category until 12 months has elapsed since their visa expiry date.
New Application Forms
Following changes to the UK immigration rules on family settlement which came into effect on 9 July 2012, where a foreign migrant wishes to reside in the UK with their British or settled partner, the new settlement visa application form (VAF4A) and appendices must be used to avoid delays.
Furthermore, new versions of the FLR(M) and FLR(O) application forms were also published on the same day for those applicants already in the UK. Therefore, anyone applying for leave to remain as the partner of a British citizen or settled person must use the new FLR(M) form dated 07/2012. Any applications received after this date which are not on the new form will be refused. Similarly, anyone applying as a parent of a child in the UK for leave to remain after this date must use the new FLR(O) form. The postmarked date will be considered to be the date of application for postal applications.
For more information, please contact: Nicolas Rollason, Head of Immigration.
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