Coronavirus (COVID-19): advice for UK visa applicants
“If you intend to leave the UK but have not been able to do so and you have a visa or leave that expires between 1 January 2021 and 28 February 2021 you may request additional time to stay, known as ‘exceptional assurance’.”
“You are also able to apply for leave to remain to regularise your stay if you have been issued with ‘exceptional assurance’. You must submit your application before the expiry of your ‘exceptional assurance’.”
“If you decide to stay in the UK, you should apply for the necessary permission to stay to regularise your stay. You’ll be able to submit an application form from within the UK, whereas you would usually need to apply for a visa from your home country.”
https://lawsjaws.co.uk/?p=7194
If you have overstayed your leave
“If your visa or leave expired between 24 January 2020 and 31 August 2020 there will be no future adverse immigration consequences if you didn’t make an application to regularise your stay during this period. However, if you have not applied to regularise your stay or submitted a request for an exceptional assurance you must make arrangements to leave the UK.”
GARDEN COURT – 11 January 2024
“The Claimant was fully advised about the options available to him, and chose an option which would result in him becoming an overstayer.”
KENNEDYS LAW – 6 July 2023
“Our Client discussed with your Client at the outset the consequences if the new application was refused and he fell into the category of an overstayer. The consequences were discussed and the implications of remaining in the UK clearly set out.“
“We agree that your Client became an overstayer in the UK after the time for an appeal had expired. The mere fact that your Client was an overstayer did not prevent the Home Office from granting him leave in the UK or a further right of appeal had they wished to do so.”
“Our Client regularly deals with clients classed as overstayers and in their experience the process for applying for EC as a partner is not complicated so long as the applicant discloses their immigration history. Our Client cannot understand your Client’s delay in making an application and requires an explanation.”
OUR COMMENTS
HOME OFFICE HARM MATRIX
KENNEDYS LAW – 27 September 2023
“Your Client was advised during the initial consultation that he would be an overstayer during the processing of the application up to the point of the SSHD making a decision. We restate the points made in paragraph 1.8 of our letter dated 6 July 2023.”
https://lawsjaws.co.uk/?p=6443
Immigration Act 1971 – Section 25
https://www.legislation.gov.uk/ukpga/1971/77/section/25
