Visa overstay: US, UK ramp up warnings, may ban violators

IN the wake of the on-going visa restrictions and increased scrutiny on international students and other non-immigrant visa applicants, the United States government and its British counterpart have reinforced their resolve to ban Nigerians, who overstay their visa duration from their respective countries.

The warning came amid significant shifts in their immigration rules in both countries, with the UK recently implementing new measures to reduce immigration through stricter English language requirements and a longer residency period for indefinite leave to remain. 

The US on its part, has also implemented sweeping changes to curtail immigration since President Donald Trump took office in January.

Nigerians overstaying in US risk ban, embassy warns

In an updated visa policy announcement yesterday, the US Mission in Nigeria urged Nigerian travellers to adhere strictly to the terms of their United States visas, warning that misusing them could jeopardise future travel to the country.

In a post on its official X handle, the Mission warned that overstaying in the country beyond the authorised period might lead to severe consequences, including restrictions on future travel.

“It’s important to use your US visa according to its terms. Misusing it, for example, by overstaying, may affect your ability to travel to the U.S. in the future,” the Mission stated.

In another development, the US Department of State said it has halted the dropbox facility and was mandating  in-person interviews for most categories effective immediately.

The change marks a major rollback of the interview waiver programme, commonly known as “Dropbox,” which previously allowed applicants to skip consular interviews under certain conditions. According to the US Department of State, all non-immigrant applicants, including those under 14 and over 79, must now attend in-person interviews, except in narrowly defined cases.

The US Department of State clarified that exceptions applied to applicants under visa symbols A-1, A-2, and C-3, excluding attendants, servants, or personal employees of accredited officials. 

They also cover individuals renewing full-validity B-1, B-2, or combined B1/B2 visas, as well as Mexican nationals holding a Border Crossing Card/Foil, provided the renewal is within 12 months of the prior visa’s expiration and the applicant was at least 18 when the earlier visa was issued.

UK warns foreign students to leave before visa expiration

Following the same trend of warning yesterday, the UK Home Office urged foreign students in the country to leave before their visa expiration or face removal.

BBC reported that tens of thousands of international students in the United Kingdom were being directly contacted by the government to leave in a new campaign aimed at tackling what it describes as an “alarming” rise in student visa holders attempting to stay in the UK by claiming asylum.

In a first-of-its-kind move, the government is now proactively contacting students via text and email to issue formal warnings about the consequences of overstaying.

“If you have no legal right to remain in the UK, you must leave. If you don’t, we will remove you,” the messages read, as reported by BBC.

According to Home Office data, around 15 per cent of asylum applications last year, approximately 16,000, were submitted by people who originally arrived on student visas. 

While the data does not specify how many of those were made after visas had expired, officials say the pattern is clear enough to warrant immediate action.

Around 10,000 students whose visas are nearing expiry have already received direct warnings.

A further 130,000 students and their families are expected to be contacted in the coming months, 

Home Secretary, Yvette Cooper, stated that some students were “claiming asylum, even when things have not changed in their home country.”

She added:  “We obviously will do our bit to support genuine refugees, but if nothing has changed in their country, people should not be claiming asylum at the end of a student course.”

Cooper also said the growing number of students entering the asylum system is placing added pressure on already overstretched asylum accommodation and hotel services.

The message being sent reads in full, “If you submit an asylum claim that lacks merit, it will be swiftly and robustly refused.

“Any request for asylum support will be assessed against destitution criteria. If you do not meet the criteria, you will not receive support. If you have no legal right to remain in the UK, you must leave. If you don’t, we will remove you.” 

The crackdown is part of a broader tightening of immigration rules under the Labour government. In May, the Home Office announced that universities would face stricter thresholds on visa refusal and course completion rates to maintain their ability to sponsor international students.

While much public attention has focused on small boat arrivals across the Channel, ministers are increasingly concerned about legal entrants—such as students—who later switch to the asylum system.

Of the 108,000 asylum applications made in the UK last year, around 40,000 came from people who arrived legally, including on work, study, or visitor visas. By contrast, about 35,000 came from small boat crossings, BBC reported.

Among legal entrants, student visa holders made up the largest group seeking asylum, with numbers almost six times higher than in 2020. Although the figure has since fallen by 10 percent, the Home Office wants further reductions.

Cooper acknowledged that student visa asylum claims account for just over 10 per cent of total applications but insisted that “to fix the system, we must tackle every single bit of it.”

The government has also moved to reduce the amount of time overseas graduates can stay in the UK after completing their courses, from two years to 18 months.

The number of successful asylum claims from skilled worker visa holders has also declined, according to recent Home Office figures.