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Spouse and Family
If you intend to stay in the UK, you will need to apply on the relevant visa route and pay the relevant Home Office fee. If you are eligible, you will be able to submit your application from within the UK.
Please note while your application is pending with the Home Office, the terms of your current permission will remain the same until your application is decided.
If an Applicant is switching into work or study visa routes, they may be able to start the specific employment or study while the application is under consideration.
An Applicant is also able to apply for permission to stay to remain in the UK if they have been issued with an ‘exceptional assurance’ from the Home Office. Please note any application needs to be submitted before expiry of the ‘exceptional assurance’.
If an Applicant is unable to travel back to the UK due to the Coronavirus Travel Restrictions and their leave has expired, the Home Office may overlook a short break in continuous residence however, the relevant application should be made as soon as possible.
There will be no future adverse immigration consequences if there has been a short break of continuous residence if an Applicant’s leave expires between 1 March 2020 and 31 May 2021. However, if an Applicant has returned to the UK and failed to make a valid application for leave to remain, they must now make the necessary arrangements to leave the UK.
If an Applicant’s leave expires after 31 October 2020, they can make an application from inside the UK whereby usually would need to be made from aboard, if either one of the following applies:
The application is urgent, for example if you have a family emergency and cannot apply from outside the UK
you cannot apply from outside the UK due to coronavirus
The above Home Office Guidance is being kept under regular review.
Our immigration experts at Westkin Associates have substantial experience and knowledge in advising people of the immigration routes which are currently available for those who wish to study, work or apply for British citizenship.
If you require further advice, please contact our immigration expert, Nisha Leel, or complete your details below and one of our lawyers from our Immigration team will contact you.