Implementation of Exceptional Assurance Concession for Overstaying

Policy effect

The Home Office introduced the Exceptional Assurance policy for individuals unable to depart the UK due to COVID-19, allowing periods of overstaying between September 1, 2020, and February 28, 2023, to be officially disregarded.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

August 2020 is disregarded. Their Skilled Worker application is refused due to previous overstaying from 8 January to 23 January 2020. The Exceptional Assurance Concession: 1 September 2020 to 28 February 2023 Exceptional assurance was introduced on 1 September 2020 as a response to ongoing international travel disruption caused by the Covid-19 pandemic. It followed the Coronavirus Extension Concession and the grace period which had come to an end. Exceptional assurance offered individuals a short-term protection against any adverse action or consequences after their permission had expired, where they were unable to leave the UK due to COVID-19. It was an assurance given upon successful request to the Home Office. Individuals were required to email the Home Office’s Coronavirus Immigration Team (CIT) providing details including their full name, date of birth, and the reason(s) for requesting an exceptional assurance. Exceptional assurance did not grant any form of immigration permission to individuals but instead prevented current or future adverse consequences from overstaying during the period of assurance given. Where there were COVID-19 travel restrictions in place or another reason to prevent them leaving the UK, such as self-isolation required due to Covid-19, a person was granted exceptional assurance for a period of ten weeks. If there were no travel restrictions or other reasons for being unable to leave the UK, requestors were given a short-term period of assurance referred to as a short-term assurance, for a period of two weeks, to allow them time to leave the UK. The policy intent was that during a period with exceptional assurance or short-term assurance the holder would not be regarded as an overstayer or suffer any detriment in future applications relating to that period. Those granted exceptional or short-term assurance were informed they could apply for permission to stay or leave the UK before the expiry of their assurance. Where a request for exceptional assurance was approved, the requestor was issued a letter confirming they had been granted an exceptional assurance or short-term assurance that would allow the requestor to stay in the UK until a specified date, upon which the assurance would end. A person could be granted multiple consecutive exceptional assurances, so a person could request exceptional assurances consecutively between September 2020 and February 2023, until such a time that they were able to leave the UK. The Exceptions for overstayers section of Part Suitability of the Immigration Rules was amended so that overstaying during periods where the person held an exceptional assurance or short-term assurance will be disregarded and will not break continuous residence. This period however does not count as lawful presence. The case types created on CID are: CV – Assurance CV - Exceptional Extension Example 1 A student’s visa expired on 20 September 2020, and they intended to leave the UK to return to their home country …

Review method

Two separate automated exact-claim source reviews

Other United Kingdom changes operative in 2020

• 2020-01-31EU Settlement Scheme Appeals System Establishment
• 2020-02-20Global Talent Visa Application Fees & Fast-Track Endorsement Fees
• 2020-02-20Launch of the Global Talent Visa Route (Statement of Changes HC 56)
• 2020-04-05Transition of Priority Change of Circumstances Service to Email-Only
• 2020-04-29Automatic Visa Extensions for Frontline Healthcare Workers
• 2020-06-04Stricter Rules for Representative of an Overseas Business Route (Statement of Changes CP 232)
• 2020-06-22Youth Mobility Scheme 2020 Deadline Extension for Taiwan
• 2020-08-01Implementation of Coronavirus Grace Period
• 2020-10-05Introduction of New Points-Based Student and Child Student Routes
• 2020-11-12COVID-19 Financial Requirement Concessions for Family Visas
• 2020-12-01Statement of Changes to the Immigration Rules: HC 813 (Introduction of the Skilled Worker Route and Global Points-Based Framework)
• 2020-12-31End of EU Free Movement and Repeal of Free Movement Law
• 2020-12-31Introduction of Post-Brexit Third-Country Asylum Inadmissibility Rules (HC 1043)
• 2020-12-31Post-Transition Visitor and Trade-Related Service Provider Rules
• 2020-12-31Saving of EU Public Policy Deportation Grounds for Pre-Transition Conduct