[2021] EWCA CIV 1357 IN TIME APPLICATIONS

[2021] EWCA CIV 1357

The Court of Appeal in Secretary of State for the Home Department v Ali [2021] EWCA Civ 1357 held that an application made during the permitted grace period to lodge an application cannot be considered as an application made ‘in-time’.

It reinforces the concept that the uniform 28-day grace period introduced into the Immigration Rules, was an exception to the general rule and that applications for leave had to be made before the expiry of an existing period of leave.

WhiIst the Court recognises that, under exceptional circumstances the expiry of an existing leave may be missed through no fault of an applicant or the advisers; applications made after the expiry of the leave to remain may be allowed by way of exception.