Archive for 'UKBA rules'

UK Border Agency with biometric information

From 1st December 2012, the requirement to provide the UK Border Agency with biometric information is changing.If you are from outside the European Economic Area or Switzerland and you are granted permission to stay in the UK for more than 6 months on or after 1st December 2012, you must apply for a biometric residence permit (if you have not already done so). If you are affected by the change the UKBA  will write to you about how to apply for your biometric residence permit.

This is to ensure that from 1st December they only issue this new format of immigration status document. This is to meet our obligations under European legislation.

Biometric residence permits are replacing older forms of documentation and the new format is helping employers and other bodies to check the immigration status and entitlements of foreign nationals. They are both simpler to understand and are more convenient for foreign nationals living in the UK to use. The application process also enables the agency to check a person against both our records and police fingerprint records.We have been rolling out biometric residence permits to different visa categories over the last 4 years. This means that applicants have been enrolling their biometric information (fingerprints and facial images) to apply for a biometric residence permit at the same time as making their application to stay in the UK.

Some people will have applied to stay in the UK before there was a requirement to provide biometric information in their category, and will not have provided their biometric information. If these people are granted permission to stay on or after 1st December 2012, either at first consideration or after a successful appeal, they will need to apply for a biometric residence permit.These measures are helping to combat illegal immigration, abuse of the immigration system and the misuse of public funds.

Applications from Overstayers

Changes to applications from overstayers from 1st October 2012

Following the UKBA announcement in June 2012, see news of changes to applications from over-stayers , from 1st October 2012 applications for further leave will be refused if you have overstayed your leave by more than 28 days at the point you made your application. The new rules already apply to applications made under the family migration route and, from 1st October 2012, will apply to applications under the remaining routes which were made on or after 9th 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.

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.

Switching from study to Tier 2

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.

Applying under Tier 4

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.This change will affect all Tier 4 applications for further leave to remain that are made on or after 1st October 2012