Overstayer exception applications cannot be refused solely for immigration bail

Applications that meet the overstayer exception in SUI 13.1 must be considered on their merits, not refused solely because the applicant is on immigration bail, from 20 July 2026.

UK Visas and Immigration has published version 13.0 of its guidance Applications from overstayers (accessible) for Home Office staff, dated 3 August 2026. It says that from 20 July 2026, where an applicant is on immigration bail and the Exceptions for overstayers section of Part Suitability (SUI 13.1) applies, the application must be considered on its merits.

The guidance says such an application would previously have been refused solely because the applicant was on immigration bail. The change includes cases where a further application is made within the relevant timeframe after the refusal or rejection of an in-time application.

The guidance gives an example. A person makes an in-time application, which is refused, and the refusal is upheld on administrative review. They are placed on immigration bail and apply again within 14 days of the administrative review decision. The guidance says they may benefit from SUI 13.1, and that being on immigration bail does not prevent the application being considered under it.

The guidance also restates that submitting or considering an application within the 14-day period does not reinstate or extend the previous permission or its conditions. An applicant without valid permission when they apply remains an overstayer while the application is pending, and has no permission to work, privately rent, or access benefits and social care.

Sources

• Applications from overstayers (accessible), UK Visas and Immigration