Is it still possible to apply for a COVID-19 Exceptional Assurance?

On 11 October 2021, the Home Office has released updated guidance on applying for a COVID-19 Exceptional Assurance.

Exceptional Assurances can now only be applied for by the following categories of persons:

• Individuals presently in the UK with a visa, leave or existing exceptional assurance that expires before 30 November 2021; AND
• Who are from a red list country OR a green list country where that nation has closed their borders or where quarantine facilities are temporarily over-subscribed; AND
• Who have taken all reasonable steps to depart from the UK on time but are being prevented from doing so due to COVID-19.

There are now just 7 red list countries, namely Colombia, the Dominican Republic, Ecuador, Haiti, Panama, Peru and Venezuela.

It is important to understand that an Exceptional Assurance is not a formal grant of leave, rather a temporary protection against adverse immigration consequences whilst an individual is making arrangements to leave the UK.

The provision enabling those to apply for permission to stay in the UK where they have been issued with an Exceptional Assurance does, however, continue to remain in place.

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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 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.

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