In response to the challenges caused by the COVID-19 pandemic for immigration to the UK, the Coronavirus Extension Concession and the Exceptional Assurance Concession are significant achievements. In these exceptional times, individuals and businesses are finding relief and clarity in these exemptions, which help them navigate the complicated circumstances surrounding UK immigration rules.
During the peak of the COVID-19 pandemic, many individuals were stuck in the UK with expired permissions due to worldwide travel restrictions and self-isolation measures. To address these unprecedented circumstances, the Home Office implemented the Coronavirus Extension Concession (CEC) and later introduced the Exceptional Assurance Concession.
Coronavirus Extension Concession
The COVID-19 pandemic was unusual, causing widespread confusion and fear among individuals who were already in the UK and intended to leave, as well as those wanting to visit the UK. Individuals were reasonably worried about becoming overstayers, including the consequences and hostile environment that came with it. Policies were thus implemented on an emergency basis.
People who were in the UK as of January 4, 2020, and whose permission was about to expire on July 31, 2020, were automatically given more time under the Coronavirus Extension Concession. In unusual circumstances, the Home Secretary has residual discretion to grant leave not provided for in the Immigration Rules, in accordance with the Immigration Act of 1971. As a result, the Immigration Rules did not apply to this concession.
The Concession acknowledged that several individuals were unable to leave when their permission expired due to the COVID-19 global travel restrictions and/or self-isolation. Without the Concession, many would have become overstayers due to unforeseen and uncontrollable circumstances.
The concession ended on July 31, 2020. There followed a grace period between August 1 and August 31, 2020. This period was intended to provide people time to make plans to leave the UK. Individuals were clearly receiving the same conditions as their previous leave during the relevant period and were not subject to the ordinary penalty for overstaying.
The following are several useful summaries from the coronavirus extension concession:
Coronavirus Exceptional Assurance Concession
As an additional measure to address the travel disruptions caused by the pandemic, exceptional assurance was implemented on 1 September 2020. Following the conclusion of the grace period and the Coronavirus Extension Concession, it came next.
If an individual's permission to leave the UK had expired because of the COVID-19 pandemic, exceptional assurance might temporarily protect them from any negative action or consequences.
An individual could reach out to the Home Office Coronavirus Immigration Team (CIT) via email to request exceptional assurance. Exceptional assurance did not provide people with immigration status; rather, it protected them from negative consequences, both immediate and long-term. An individual would be granted extraordinary assurance for ten weeks if they were obliged to self-isolate or if there were restrictions on travel. A two-week "short-term assurance" would be granted to the individual in the absence of travel restrictions or other reasonable grounds. A letter confirming the applicant's permitted stay in the UK was sent to them. The applicant was given enough time to finalise their plans and leave the UK.
Those who were given extraordinary or short-term assurance were told they could apply for staying or leaving the UK permission before their assurance expired. From September 2020 through February 2023, until they leave the UK, individuals might apply and receive multiple consecutive exceptional assurances.
The following are several useful summaries from the coronavirus Exceptional Assurance concession:
Policy Implications of Coronavirus Extension Concession and Coronavirus Exceptional Assurance Concession
Paragraph 39E of the Immigration Rules was amended to reflect these concessions, providing clarity and reassurance to individuals navigating the immigration process amidst the pandemic.
Overstaying during the specified periods covered by the Coronavirus Extension Concession and Coronavirus Exceptional Assurance Concession will be disregarded, ensuring that affected individuals do not face penalties or adverse consequences.
Continuous residence remains intact, acknowledging time spent in the UK during the Coronavirus Extension Concession e periods for subsequent settlement applications.
However, it is important to note that an applicant cannot rely on any periods with exceptional assurance or short-term assurance to count towards the qualifying period for settlement on any route.
Individuals whose residence permits are affected by a CEC or CEAC should consider clearly how this period may apply to them in circumstances beyond their control and how it may impact their subsequent settlement application.
If you need legal advice regarding an extension of stay or settlement application in relation to a COVID extension concession, please contact us on 020 3865 6219 or leave a message on our website.