Amie Tsang – Senior Consultant – shares the Home Office’s latest immigration update – 03/11/20

If you’re in the UK

You are expected to take all reasonable steps to leave the UK where it is possible to do so or apply to regularise your stay in the UK.

If you intend to leave the UK but have not been able to do so and you have a visa or leave that expires between 1 November and 30 November 2020 you may request additional time to stay, known as ‘exceptional assurance’, by completing the online form.

If you are granted ‘exceptional assurance’ it will act as a short-term protection against any adverse action or consequences after your leave has expired. If conditions allowed you to work, study or rent accommodation you may continue to do so during the period of your exceptional assurance. Exceptional assurance does not grant you leave.

After you’ve completed the form, you’ll be told what you’ll need to submit to show why you can’t leave the UK.

For example, if you can’t leave the UK because you can’t find a flight before your leave/visa expires, you’ll need to submit a copy of a confirmed flight ticket. If you can’t leave the UK because you have coronavirus, you’ll need to submit confirmation of your positive coronavirus test result.

If you’ve already completed the form to request exceptional assurance and you’re waiting on the outcome, you do not need to email us or complete the form again. We are considering all requests and we will contact you to let you know the outcome. During this time, you will not be treated as an overstayer or suffer any detriment in any future immigration applications for this consideration period.

If you’ve already been given assurance but your circumstances have changed or you’re unable to leave the UK by the assurance date previously given, you must reapply through the online form. You’ll need to clearly state that you’re making a subsequent application. You’ll be asked to provide new supporting evidence.

If you intend to stay in the UK and wish to regularise your stay

If you decide to stay in the UK, you should apply for the necessary leave to remain in the UK. You’ll also be able to submit an application form from within the UK where 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 leave 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.

If your leave expired after 31 October 2020

You can submit an application form from within the UK where you would usually need to apply for a visa from your home country.

You’ll need to show your application is urgent, for example if you need to start a new job or course of study, please provide full details of this in a covering letter with your supporting documents.

You’ll need to pay the fees and meet all requirements of your visa as normal, except the need to submit the application in your home country. This is being kept under review.

If you have any queries on this, please email via amie.tsang@dbf-law.co.uk or call 0161 832 3304.

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