The Coronavirus Extension Concession, 24 January 2020 to 31 July 2020, and the grace period – 1 August 2020 to 31 August 2020, operated outside of the immigration rules.
The permission based Exceptional Assurance Concession was in force from 1 September 2020 to 28 February 2023. The assurance was given upon successful request. The policy intent was that during a period with exceptional assurance or short-term assurance the holder would not be regarded as an overstayer or suffer any detriment in future applications relating to that period. Those granted exceptional or short-term assurance were informed they could apply for permission to stay or leave the UK before the expiry of their assurance.
The time between an applicant’s request for exceptional assurance being submitted and it being granted was considered as if the applicant held exceptional assurance from the date of request.
Immigration rules
Exceptions for overstayers states:
This paragraph applies where:
The period of overstaying:
(a) is between 1 September 2020 and 28 February 2023; and
(b) is covered by an exceptional assurance.
39F. 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
GARDEN COURT – 11 January 2024
“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.”
AND
”A reasonably competent lawyer would also have advised that success under this route was not guaranteed, and the Defendant did so.”
AND
”The advice that he “can remain in UK until a decision is made” did not imply that he would not be an overstayer.”
