WEIGHTMANS – 29 February 2024
”The client care letter records that “We discussed that as a visitor you should be applying from South Africa to enter the UK as a spouse however given the current pandemic and travel restrictions you wish to submit the application from within the UK based on the concession”.
This gave our client the wrong impression that there was a concession that applied to him. But had our client been properly advised that the concession only applied to individuals who could not apply from outside the UK because of coronavirus he would have concluded the concession could not apply to him because he was able to return to South Africa, irrespective of his “wish” or preference.”
OUR COMMENTS
Wrong.
Applicants intending on staying in the UK could also apply for leave to remain to regularise their stay if they has been issued with exceptional assurance – 39E(5).
Coronavirus (COVID-19): advice for UK visa applicants and temporary UK residents
If you intend to stay in the UK
“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.”
AND
“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’.”
[…] Applied for exceptional assurance – 39E(5) to prevent overstaying – https://lawsjaws.co.uk/?p=7741 […]