The ‘Exceptional Assurance’ is a legal mechanism by which individuals who are subject to immigration control who have the intention to leave the UK but have not been able to do so due to COVID-19 can remain in the UK lawfully until such time that they can depart.
Many migrants who were in the UK when the pandemic started were unable to leave before the expiry of their visa because of travel restrictions. Since the onset of the pandemic in early 2020, the Government had been allowing individuals in this situation to extend their visas through a simplified online application process. As of March 2020 that concession was replaced with the ‘Exceptional Assurance’.
On 1 March 2021, the published Home Office Guidance was further updated to extend the ‘Exceptional Assurance’ policy to those individuals whose leave or visa expires between 1 March 2021 and 31 March 2021. In line with the previous policy, ‘Exceptional Assurance’ will act as a short-term protection against any adverse action or consequences after the individual’s leave or visa has expired.
Have you already been granted ‘Exceptional Assurance’?
If this concession has already been granted to you, you may be able to request a further extension, depending on your current circumstances. In the event that you require any information or assistance in this regard, please do not hesitate to contact us.
What can you do in the UK once you have been granted ‘Exceptional Assurance’?
A grant of ‘Exceptional Assurance’ is not a grant of permission to stay. However, if previous conditions attached to your most current visa or leave allowed you to work, study or rent accommodation, you may continue to engage in these activities during the period of Exceptional Assurance.
You may also apply for further permission to stay in the UK even if you would normally need to apply for a visa from outside the UK, provided you meet the eligibility requirements for the route you are applying on.
If your visa or leave has expired and you are unable to leave the UK please contact Gherson for further advice. Similarly, if you wish to switch to a long-term visa route from the UK, we would be delighted to assist you.
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 don’t 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.
©Gherson 2021