The Weekly Law Reports
[2025] 4 WLR 60
Court of Appeal
R (Seerangan) v Secretary of State for the Home Department
[2025] EWCA Civ 354
2025 Jan 15; March 28
Underhill, Dingemans, Falk LJJ
Immigration— Leave to remain— Overstayer— Applicant becoming overstayer in UK upon expiry of visa— Applicant seeking “exceptional assurance” protection from UK Visas and Immigration as non-UK national unable to leave due to Covid-19 travel restrictions— Applicant not qualifying for exceptional assurance but given “short-term assurance”— Applicant seeking leave to remain as Tier 2 skilled worker before expiry of short-term assurance— Application refused and decision upheld following judicial review— Whether Secretary of State wrong to treat applicant as overstayer at time skilled worker application made— Whether letter granting short term assurance giving rise to enforceable legitimate expectation—
Immigration Rules, Appendix Skilled Worker, SW 2.2