Can I still apply for Exceptional Assurance in the UK?

The ‘exceptional assurance’ scheme was introduced on 24 March 2020 in response to the COVID-19 pandemic, which left thousands of people stranded in the UK due to border closures around the world.

Exceptional assurance was designed to protect those individuals who were unable to leave the UK prior to the expiry of their visa or leave due to COVID-19. The scheme has been extended numerous times since its initial introduction in March 2020.

However, as travel restrictions have been eased and borders have opened, the exceptional assurance policy has been limited significantly.

The current policy is only open if you:

• Intend to leave the UK to return to a country or territory but have not been able to do so, and
• Have a visa, leave, or exceptional assurance that expires before 31 March 2022.

In addition, your country of residence must be red-listed, must have closed its borders, or quarantine facilities in that country must be temporarily over-subscribed.

Exceptional assurance is not available in any other circumstances, including where you have simply been unable to secure a flight prior to the expiry of your visa. It is therefore extremely important to ensure that you have planned for your return in sufficient time so that you do not become an overstayer in the UK.

If you are, or have been, granted exceptional assurance, you will have short-term protection against any adverse immigration action or consequences after your leave has expired. You will not face any adverse action or consequences if you have submitted a request for exceptional assurance, whilst that request is pending.

Exceptional assurance is not a long-term solution for those wishing to stay in the UK.

If you intend to remain in the UK, you should take the necessary steps to make a valid application for leave to remain.

If your previous visa conditions allowed you to work, study, or rent accommodation, you may continue to do so during the period of your exceptional assurance. If you are present in the UK as a visitor, you must ensure that you continue to abide by rules and restrictions in place for visitors during any period of exceptional assurance and that you do not work or study unlawfully in the UK.

Exceptional assurance does not grant you immigration leave.

It is a means to protect those who are unable to leave the UK due to COVID-19 restrictions and not to facilitate travel, other than to return home. This is an important consideration if you are seeking to rely on any period during which you have held exceptional assurance in the UK for a qualifying period towards settlement. It is also an important consideration if your leave or visa has expired and you have a pending request for exceptional assurance, as you will not have valid immigration leave during this processing time.

If you have overstayed your leave you must make arrangements to regularise your stay or to leave the UK.

Overstaying your leave or your visa can have a significant impact on future immigration applications.

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The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

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