WEB 3028 Paragraph 39E and Appendix Continuous Residence

Level: Intermediate-Advanced

Description:

The webinar will explore the scope and application of paragraph 39E to the Immigration Rules in its current iteration, following changes to the Rules and clarifications made by case law in recent years.

The application of paragraph 39E will be considered in the light of Appendix Continuous Residence and its provisions.

For example, questions considered include:

● What is paragraph 39E of the Immigration Rules?

● What is the impact of periods of overstaying between 24 January 2020 and 31 August 2020 on the continuity of residence?

● What is the effect of having an exceptional assurance between 1 September 2020 and 28 February 2023? Does it count towards the qualifying period for settlement?

● How is time with a pending request for an exceptional assurance treated?

● How is time after the expiry of an exceptional assurance treated?

This bitesize webinar is independent from but thematically relevant to the 3-hour webinar on the new Long Residence provisions. The latter will explore in detail the new Appendix Long Residence and the relevant changes to the Appendix Continuous Residence in this context, scheduled for 16 May 2024.

Audience: Immigration practitioners (paralegals, OISC, solicitors, barristers)

This course will not cover long residence applications. That will be covered in a separate seminar, scheduled for 16 May 2024.

Aim of Course: This course will cover the changes to Appendix Continuous Residence and provide a refresher and update on the exception for overstayers in paragraph 39E of the Immigration Rules, which now includes periods of overstaying during COVID-19 covered by an exceptional assurance, ushered in by the Statement of Changes (HC 590).

Course Type: Practical/ Overview

Tutors: Zoe Bantleman and Alex Papasotiriou

Zoe Bantleman is a barrister, the Legal Director of the Immigration Law Practitioners’ Association (ILPA), and an editor of the Journal of Immigration, Asylum and Nationality Law.

Her practice as a barrister covered a wide spectrum of advisory work, drafting and advocacy involving all aspects of UK immigration, nationality and asylum law. She has extensive experience in complex private and family life applications, including long residence applications. She regularly challenged decisions by preparing appeals for human rights and asylum claims and applications for administrative and judicial review.

She frequently writes about changes to the UK’s immigration law system and provides commentary on key cases, including on Hoque & Ors and Akinola. She is a contributing author to both Practical Law and LexisNexis. Zoe has previously taught ILPA webinars on 10 Years’ Continuous Lawful Residence, How to Prepare Fresh Asylum and Human Rights Claims, and Section 3C, Validation, Variation and Withdrawal of Applications

Alex Papasotiriou is an immigration barrister at Richmond Chambers. Alex advises and represents clients in appeals and judicial review proceedings in relation to all matters of UK immigration and nationality law and appears regularly before the First-tier and Upper Tribunal.

Alex’s practice includes long residence cases, human rights challenges involving children, adult dependent relatives, and cases with medical or suitability issues. He is also frequently instructed in deprivation of citizenship and deportation appeals, as well as in public law challenges against refusal or cancellation of leave.

Alex further advises and assists in complex British nationality matters, such as historic Commonwealth cases requiring family status tracing, or cases involving adoption or surrogacy.

Alex authors articles and opinions on a variety of matters relating to UK immigration and nationality law. His case notes have been published in ILPA Monthly and the Journal of Immigration, Asylum and Nationality Law.