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UK: Immigration rules challenge

01 May 1996

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New rules introduced quietly on 3 June are likely to deprive thousands of people of rights of appeal and turn them into inadvertent overstayers, according to lawyers challenging the Home Secretary in the High Court. The rules make it compulsory for immigrants in the UK who wish to extend their stay to use special forms and to send in all the supporting documentation with the application, making a change from the current position allowing an application to be made by simple letter, and supporting documentation to be sent later. An application not made in the prescribed form will be deemed invalid. Since it takes many weeks for the Home Office to respond to applications, many people will only discover that the letter they sent to extend their leave was useless after the leave has expired, by which time they will be treated as overstayers and liable to be deported.

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