Paragraphs 39E(5) and 39F were added to the immigration rules – to prevent adverse consequences due to overstaying (emphasis added).
KENNEDYS LAW – 27 September 2023
“We accept that Paragraph 39E of the Immigration Rules is discretionary and as set out at paragraph 1.10 of our letter dated 6 July 2023, “the Home Office has the right to discard a period of overstaying if they wish to do so” (emphasis added). 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.”
OUR COMMENTS
39E. This paragraph applies where (redacted):
(3) the period of overstaying was between 24 January and 31 August 2020; or
(5) 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.