GARDEN COURT- 11 January 2024
“As regards sub-paragraph (a), the page “Coronavirus (COVID-19): advice for UK visa applicants and temporary UK residents” as of February 2021 stated in relevant part “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”. A reasonably competent lawyer would have understood this as arguably amounting to a policy concession outside the Rules that allowed a person to apply for further leave to remain in- country, even where their immigration status would ordinarily preclude this. The Defendant did so understand it, and advised the Claimant accordingly.”
OUR COMMENTS
This was an unprecedented event which led to the closure of borders across the world. A reasonably competent lawyer, specialising in immigration, would have read the entire section and would have been aware of the Exceptional Assurance Concession.
UK Migration Lawyers did not apply for the Exceptional Assurance Concession because we had already “overstayed”.
https://lawsjaws.co.uk/2024/09/13/root-of-the-problem/
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.
You’ll need to meet the requirements of the route you’re applying for and pay the UK application fee.
The terms of your permission will remain the same until your application is decided. If you are switching into work or study routes you may be able to commence work or study whilst your application is under consideration, depending on the terms of your current permission.
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’.
EXAMPLE
An individual’s permission expired on 9 February 2021, and they applied for Exceptional Assurance on 1 February 2021. Exceptional Assurance was granted on 14 February 2021, valid until 30 June 2021.
The applicant was not considered an overstayer during the period 10 February 2021 to 14 February 2021 as the applicant had a pending application of Exceptional Assurance during this period which was subsequently granted. During this time, the applicant continued to have the conditions of their most recently expired permission.
The applicant submitted their application for leave to remain on 15 February 2021 under the Covid-19 concession which allowed applicants to submit an application form from within the UK, whereas they would usually need to apply for a visa from their home country.