Paragraph 39E of the Immigration Rules allows overstayers to take advantage of the exceptions for overstayers in two applications made consecutively. Applicants after 6 July can only use the exceptions once. For example:
Bill’s expires on 15 June 2017. He submits an application on 20th June for further leave to remain as a spouse. The application is out of time but still within 14 days of his leave expiring. He explains that he was urgently hospitalised and could not apply sooner. The Secretary of State accepts this as a good reason that is beyond Bill’s control, so his application can be considered, disregarding his overstay. However, Bill’s application is refused on 7th July as he does not meet the financial requirement.
Previously, by relying on paragraph 39E, Bill could have made another application before 19th July, again disregarding his overstay. From 6th July, this will no longer be possible. An applicant can only apply for further leave within 14 days of the expiry of the original leave – disregarding the overstay once.
Another change is to the section that says an applicant who previously overstayed for over 90 days before 6 April 2017, or 30 days or more after 6 April 2017, may have an application for entry refused for up to 10 years.
Now:-
Bill’s leave expires on 15 June. He applies for further leave to remain on 20 June. This was out of time but within 14 days of his leave expiring. He explains that he was urgently hospitalised and could not apply sooner. The Secretary of State accepts this as a good reason beyond his control, so his application can be considered, disregarding the overstay, under paragraph 39E. The application is refused on 7 July and Bill leaves the UK on 10 July.
It will now be considered that Bill only overstayed for three days, 7 July to 10 July, as the other period between 15 June and 7 July is disregarded – so Bill will not be banned from re-entry.
Scarsdale Solicitors Rochdale
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