By Dr. Catherine Taroni –
Barrister Accomplice
On 9 July 2026, the Residence Workplace revealed the Assertion of Modifications to the Immigration Guidelines HC 259. Among the many many adjustments is a focused however vital modification to immigration bail and in-country functions for permission to remain. The related adjustments take impact on 3 August 2026.
This improvement is especially vital in gentle of the Courtroom of Attraction’s judgment in R (Kaur & Ors) v Secretary of State for the Residence Division [2025] EWCA Civ 1474, mentioned in our earlier article, Immigration Bail and Switching In-Nation After Kaur: Why Immigration Bail Blocks In-Nation Purposes. In that case, the Courtroom of Attraction confirmed that being on immigration bail was, below the wording of the Guidelines as they then stood, an unbiased suitability bar to an in-country Expert Employee utility.
Assertion of Modifications HC 259 now adjustments that place for a lot of routes. It doesn’t take away the immigration bail bar altogether. Nevertheless, it gives that the place the ‘Exceptions for overstayers’ part of Half Suitability applies, an utility shouldn’t be refused solely as a result of the applicant is on immigration bail. The Residence Workplace’s Explanatory Memorandum states that the aim of the modification is to make sure “that, the place an applicant is eligible to use below the Exception for Overstayers (SUI13.1), their utility just isn’t refused solely on the premise that they’re on immigration bail and may as an alternative be thought of on its deserves.”
1. Background: What Did Kaur Resolve About Immigration Bail?
In Kaur, Ms Kaur had entered the UK as a Scholar, along with her household as dependants. Shortly earlier than her depart expired, she made a human rights utility. That utility was later refused and authorized as clearly unfounded. Her part 3C depart got here to an finish and she or he was granted immigration bail. She then utilized from throughout the UK for permission to remain as a Expert Employee. The Residence Workplace refused the Expert Employee utility as a result of she was on immigration bail on the date of utility.
On the time, paragraph SW 2.2 of Appendix Expert Employee required an applicant making use of for permission to remain to not be in breach of immigration legal guidelines, topic to the paragraph 39E overstayer exception, and to not be on immigration bail. Ms Kaur argued that as a result of her utility had been made throughout the brief overstayer interval, paragraph 39E ought to defend her utility from refusal.
The Courtroom of Attraction rejected that argument. It held that paragraph 39E didn’t have a free-standing overriding impact. It might solely function the place the substantive route-specific rule allowed it to function. In Appendix Expert Employee, paragraph 39E might disregard the brief interval of overstaying, nevertheless it didn’t override the separate requirement to not be on immigration bail.
The sensible impact was clear: even the place an applicant might depend on paragraph 39E, now SUI 13.1, being on immigration bail might nonetheless stop an in-country utility from succeeding below routes that contained a separate immigration bail bar.
2. What Has HC 259 Modified for Immigration Bail and In-Nation Purposes?
HC 259 amends quite a few route-specific suitability provisions in order that the immigration bail bar is now expressly topic to the ‘Exceptions for overstayers’ part of Half Suitability.
For instance, Appendix Expert Employee is amended in order that an applicant making use of for permission to remain should not be in breach of immigration legal guidelines, besides the place the Exceptions for overstayers part of Half Suitability applies, and should not be on immigration bail, besides the place the Exceptions for overstayers part of Half Suitability applies.
Comparable amendments have been made throughout different routes, together with Appendix Scholar, Appendix Little one Scholar, Appendix Mum or dad of a Little one Scholar, Appendix Graduate, Appendix Expert Employee, Appendix International Enterprise Mobility, Appendix International Expertise, Appendix Excessive Potential Particular person, Appendix Scale-up, Appendix Innovator Founder, Appendix Worldwide Sportsperson, numerous Short-term Work routes, Appendix Lengthy Residence, Appendix Personal Life and Appendix Settlement Household Life.
Appendix FM has additionally been amended, though its wording is barely totally different as a result of the accomplice route already contained exceptions linked to paragraph EX.1. The amended wording provides an additional exception the place the Exceptions for overstayers part of Half Suitability applies.
3. What Are the Exceptions for Overstayers Beneath SUI 13.1?
The related provision is now present in Half Suitability, SUI 13.1. It determines when a interval of overstaying could also be disregarded.
The most typical conditions are more likely to be the place:
- An utility is made inside 14 days of permission expiring, and there’s a good cause past the management of the applicant or their consultant why the applying couldn’t be made in time; or
- An utility is made following the refusal or rejection of a earlier in-time utility, and inside 14 days of the related refusal, rejection, expiry of part 3C depart, expiry of the time restrict for an attraction or administrative overview, or the conclusion, withdrawal, abandonment or lapse of an attraction or administrative overview.
There are additionally particular historic exceptions regarding durations of overstaying throughout sure COVID-19 and distinctive assurance durations, and sure Hong Kong BN(O) route circumstances.
For additional background on the connection between overstaying, part 3C depart and paragraph 39E, see our earlier articles on overstaying and making use of for additional depart to stay and Lengthy Residence ILR, part 3C and paragraph 39E.
4. Does This Imply Kaur Has Been Overturned by HC 259?
No. Kaur has not been overturned. The Courtroom of Attraction’s interpretation of the Guidelines as they stood on the time stays vital. The Courtroom determined that paragraph 39E didn’t itself override a separate immigration bail bar. That continues to be an accurate evaluation of the Immigration Guidelines on the time.
What HC 259 does is change the wording of many route-specific Guidelines. The amended Guidelines now create the substantive “anchor” that was lacking in Kaur, and which is able to result in totally different outcomes now. In different phrases, the Guidelines now expressly say that the immigration bail bar doesn’t apply the place the Exceptions for overstayers part of Half Suitability applies.
For functions made or determined below the amended Guidelines, the Kaur drawback ought to due to this fact not be related. Nevertheless, the scenario stays related for functions prior to three August 2026.
5. Does Immigration Bail Nonetheless Matter After HC 259?
Sure. Immigration bail nonetheless issues. The change to the Guidelines is proscribed.
An applicant who’s on immigration bail is not going to robotically have the ability to make a profitable in-country utility. The brand new exception solely assists the place the applicant can carry themselves inside SUI 13.1. If the applicant is on immigration bail however doesn’t fall throughout the Exceptions for overstayers, the immigration bail bar would nonetheless stop most functions from succeeding.
Candidates should additionally meet all the opposite validity, eligibility and suitability necessities of their route. For instance, a Expert Employee applicant will nonetheless want a sound Certificates of Sponsorship, a real eligible function, the required wage, English language means, and compliance with all different route-specific necessities. HC 259 doesn’t waive these necessities.
Nor does the change restore an individual’s earlier immigration permission. Residence Workplace steering confirms that the place an utility is made after permission has expired, part 3C depart doesn’t apply, the applicant stays an overstayer whereas the applying is pending, and former situations usually are not reinstated. Such an applicant has no permission to work, hire privately or entry advantages and social care whereas an utility is pending.
For extra common background on the immigration bail framework, see our information to making use of for immigration bail.
6. A Kaur-Sort Situation After 3 August 2026
The sensible significance of the change could be seen by taking a Kaur-type instance.
An applicant makes an in-time utility earlier than their depart expires. That utility is refused. Their part 3C depart ends. They’re positioned on immigration bail. Inside 14 days, they submit a Expert Employee utility.
Earlier than HC 259, the Residence Workplace might refuse the Expert Employee utility as a result of the applicant was on immigration bail, even when the brief interval of overstaying fell inside paragraph 39E or SUI 13.1. That was the end in Kaur.
From 3 August 2026, below the amended Appendix Expert Employee wording, if the applicant falls inside SUI 13.1, the applying shouldn’t be refused solely as a result of the applicant is on immigration bail. It ought to be thought of on its deserves.
This can be a important and welcome change for candidates and advisers. It reduces the tough influence of the earlier place, the place an individual might make an utility throughout the recognised overstayer exception however nonetheless be refused as a result of the Residence Workplace had positioned them on immigration bail.
7. Timing and Transitional Points for the HC 259 Modifications
The related HC 259 amendments take impact on 3 August 2026. Candidates affected by immigration bail ought to take recommendation earlier than assuming that the amended Guidelines will apply to their case. That is significantly vital the place an utility has already been refused, the place a choice is pending, or the place there’s a very brief window by which to make a brand new utility.
The place a refusal has already been issued below the outdated Guidelines, HC 259 is not going to essentially undo that refusal robotically. Relying on the circumstances, it could be crucial to think about administrative overview, judicial overview, a request for reconsideration, or a recent utility.
The place an utility is pending across the implementation date, cautious recommendation might be wanted on which model of the Guidelines applies and whether or not any steps ought to be taken earlier than a choice is made.
8. Sensible Factors for Candidates and Advisers on Immigration Bail, SUI 13.1 and Part 3C Depart
The primary and most vital level is that candidates ought to make certain to keep away from overstaying wherever attainable. An in-time utility stays the most secure strategy to protect lawful standing and, the place relevant, part 3C depart.
Second, if a refusal has been obtained and the applicant is positioned on immigration bail, instant recommendation ought to be sought. The 14-day durations in SUI 13.1 are brief and strict. Proof may be wanted to indicate why an exception applies.
Third, candidates should not assume that an utility made inside 14 days restores their proper to work. With out persevering with part 3C depart or one other foundation for permission, an utility made after permission has expired doesn’t reinstate earlier situations whereas the applying is pending.
Fourth, advisers ought to verify the wording of the related route. HC 259 amends many routes, however the immigration bail exception just isn’t a common free-standing rule. The related Appendix should nonetheless be checked rigorously.
Lastly, in instances the place SUI 13.1 doesn’t apply, it could nonetheless be crucial to think about whether or not the grant of immigration bail can or ought to be challenged. Kaur stays a warning that any such problem should be introduced promptly and can’t normally be raised later as a collateral problem to a subsequent refusal.
Candidates and advisers contemplating problem choices may want to overview our predominant UK immigration appeals service web page.
9. Closing Ideas
HC 259 represents a major shift within the relationship between immigration bail and in-country functions. The modification straight addresses the tough consequence recognized in Kaur: that an applicant might fall throughout the brief overstayer exception however nonetheless be refused solely as a result of that they had been positioned on immigration bail.
From 3 August 2026, many candidates who’re on immigration bail however who fall inside SUI 13.1 ought to have their functions thought of on their deserves somewhat than refused robotically on the bail level. Nevertheless, the change just isn’t a cure-all. The applicant should nonetheless fall throughout the Exceptions for overstayers, should meet all different necessities of the related route, and should perceive {that a} late utility doesn’t restore earlier immigration situations.
For migrants and advisers coping with immigration bail and in-country functions, the important thing classes stay the identical: plan forward, protect lawful standing wherever attainable, act rapidly after any refusal, and take specialist recommendation earlier than making an additional utility from throughout the UK.
Our immigration barristers advise people, households and companies on refusal selections, immigration bail, administrative overview, judicial overview, functions below the Exceptions for overstayers and in-country switching technique.
For professional recommendation on how Assertion of Modifications HC 259 and the brand new Immigration Guidelines in place from 3 August 2026 might have an effect on your immigration place or choices, contact our immigration barristers on 0203 617 9173 or full our enquiry type.
11. Incessantly Requested Questions
Can an individual on immigration bail make an in-country utility after HC 259?
Doubtlessly, sure, however provided that the route-specific Guidelines allow it and the applicant falls throughout the Exceptions for overstayers part of Half Suitability. HC 259 doesn’t create a common proper for all folks on immigration bail to use from throughout the UK.
Does the 14-day overstayer exception now overcome the immigration bail bar?
For a lot of amended routes, sure. That’s the key change launched by HC 259. If SUI 13.1 applies, the applying shouldn’t be refused solely as a result of the applicant is on immigration bail.
Does HC 259 imply Kaur was wrongly determined?
No. Kaur interpreted the Guidelines as they stood on the time. HC 259 adjustments the Guidelines going ahead. The Courtroom of Attraction’s reasoning stays related to functions and refusals ruled by the outdated wording.
Does an utility made below SUI 13.1 give the applicant part 3C depart?
No. Residence Workplace steering confirms that part 3C depart doesn’t apply to functions made after permission has expired. The applicant stays an overstayer whereas the applying is pending and former situations usually are not reinstated.
Can an applicant work whereas ready for a choice on a post-expiry utility?
Not until they’ve another lawful foundation to work. An individual who applies after their permission has expired doesn’t regain their earlier work rights just because the applying falls inside SUI 13.1.
Does HC 259 take away the immigration bail bar altogether?
No. HC 259 limits the impact of the immigration bail bar in lots of amended routes the place SUI 13.1 applies, nevertheless it doesn’t take away the bar altogether.
Does HC 259 apply to all immigration routes?
No. The related route-specific Appendix should nonetheless be checked. The immigration bail exception just isn’t a common free-standing rule.
What ought to an applicant do after a refusal if they’re positioned on immigration bail?
They need to search recommendation rapidly. The 14-day durations in SUI 13.1 are brief and strict, and proof could also be wanted to indicate why an exception applies.
Please notice that the data offered on this article is for common
steering solely and is
primarily based on
the immigration guidelines and insurance policies in power on the date of publication. Immigration regulation and Residence
Workplace coverage can change often, and necessities might differ relying on particular person
circumstances. Authorized recommendation ought to at all times be sought in relation to your particular scenario.
