As we approach a year since the UK entered its first lockdown and as the length of time we remain subject to restrictions lengthens, flights across the world are still limited and countries are enforcing strict border policies. In light of this, an individual may find themselves unable to leave the UK. If this is the case, then an individual can apply to stay in the UK until it is possible for them to do so.
Originally published in March 2020, the exceptional assurance scheme guidance has been revised and extended a number of times in line with ever-evolving lockdown restrictions as a result of the Coronavirus pandemic.
The Home Office has once again updated its guidance in light of Covid 19 restrictions across the UK. As a result, “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 March 2021 and 31 March 2021 then you are able to apply for additional time to stay”.
The exceptional assurance scheme is no longer subject to a grace period allowing an individual to leave the UK before a certain date without informing the Home Office about their visa expiring.
Exceptional assurance requests are now assessed on a case by case basis by the Home Office. It is therefore important that if an individual is concerned about the validity of their visa, that they submit a request to the Home Office detailing the request for assurance.
Whilst exceptional assurance is not a grant of leave, and simply offers short term protection should a person’s visa have expired within the above timeframe. If accepted, you can continue to work or study and rent accommodation during the period of the exceptional assurance (if your original visa conditions allowed so).
If an individual has already been granted an exceptional assurance and is still unable to leave the UK, it is important to inform the Home Office of this.
Further information on the scheme can be found here.
If an individual wishes to make an immigration application to regularise their stay in the UK, they are still expected to take all reasonable steps to leave the UK and return to their home country to do so. Similarly to the above, currently, an individual may find themselves in a situation where it is not possible for them to leave or make an application before their current permission expires.
Helpfully, the Home Office guidance also allows for an individual to apply for further leave to remain in the UK even where “you would usually need to apply for a visa from your home country”.
Depending on personal circumstances and the ability of the individual to meet the required immigration route requirements, it may be possible for them to submit an application from within the UK and switch to another route in order to regularise their stay.
If you would like any advice or assistance regarding the exceptional assurance scheme or wish to seek advice on regularising your stay in the UK then please do not hesitate to contact one of the experienced solicitors in our immigration team.
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