R (Seerangan) v Secretary of State for the Home Department

Subject Matter

IMMIGRATION — Leave to remain — Overstayer — Claimant on student visa arriving in UK during Covid-19 pandemic — Claimant becoming overstayer — Claimant seeking “exceptional assurance” under Home Office’s Coronavirus exceptional assurance policy for protection as non-UK national unable to leave once visa expired because of pandemic travel restrictions — Claimant told not qualifying but given a two-week “short-term assurance” — Claimant applying day before expiry for leave to remain as Tier 2 skilled worker — Secretary of State refusing application — Tribunal dismissing claimant’s claim for judicial review — Whether Secretary of State wrong to treat claimant as overstayer at time skilled worker application made — Effect of exceptional assurance policy — Whether letter granting short term assurance giving rise to enforceable legitimate expectation

[2025] EWCA Civ 354; [2025] 4 WLR 60; [2025] WLR(D) 177, CA

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

[2025] EWCA Civ 354; [2025] 4 WLR 60; [2025] WLR(D) 177, CA

Appellate History