MELT DOWN

WEIGHTMANS – 2 August 2023

“The Home Office may disregard a period of overstaying in accordance with paragraph 39E. However, this is by no means certain. This was not explained to Mr Xxx, who was simply told that he could stay in the UK whilst awaiting the outcome. He was in fact considered an overstayer following his refusal on 27 January 2021, when he did not appeal or leave the UK within the timescales provided, i.e., by 10 February 2021. The situation is explained in both Home Office refusal letters.”

OUR COMMENTS

Appeal or leave were not the only two options. UK Migration Lawyers had to apply for the Exceptional Assurance concession – 39E(5). They should have done this on 1 February 2021.

KENNEDYS LAW – 6 July 2023

“In accordance with paragraph 39E of the Immigration Rules, the Home Office has the right to discard a period of overstaying if they wish to do so following a refusal of an in-time application where it is made within 14 days of the refusal (as was the case here).”

OUR COMMENTS

UK Migration Lawyers should have applied for the Exceptional Assurance Concession – paragraph 39E(5) to prevent overstaying.

Coronavirus extension concession (CEC) and exceptional assurance concession: caseworker guidance (accessible)

https://www.gov.uk/government/publications/coronavirus-extension-concession-cec-and-exceptional-assurance-concession-caseworker-guidance/coronavirus-extension-concession-cec-and-exceptional-assurance-concession-caseworker-guidance-accessible

“For the purpose of paragraph 39E(5), “exceptional assurance” means a written notice given to a person by the Home Office stating that they would not be considered an overstayer for the period specified in the notice.”