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Article 4

Abolition of 28 day period of overstay

The Government has abolished the 28 day grace period for accepting applications as automatically valid where an individual has overstayed an expiry date.

From 24 November 2016 there will no longer be a 28 day grace period within which to make a new immigration application where:

  • A previous application for leave to remain has been refused; or
  • Leave that is extended by Section 3C of the Immigration Act 1971 has expired; or
  • The time limit to lodge an appeal or apply for an administrative review of a decision has expired; or
  • An appeal or administrative review has been concluded or withdrawn.

The 28-day rule is replaced with a new 14 day period which will apply in the above situations provided the applicant has a good reason beyond their control, or the control of their representative, as to why an in-time application was not possible. We await clearer guidance from UK Visas & Immigration as to what it will consider a “good reason”.

Should you require further detailed advice or assistance then, please contact our Immigration Department on 01234 860993 for a consultation and advice tailored to your current circumstances


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