39E.
See also Tribunal calls for sensible approach to evidence justifying late applications.This paragraph applies where:
- (1) the application was made within 14 days of the applicant’s leave expiring and the Secretary of State considers that there was a good reason beyond the control of the applicant or their representative, provided in or with the application, why the application could not be made in-time; or
- (2) the application was made:
- (a) following the refusal of a previous application for leave which was made in-time; and
- (b) within 14 days of:
- (i) the refusal of the previous application for leave; or
- (ii) the expiry of any leave extended by section 3C of the Immigration Act 1971; or
- (iii) the expiry of the time-limit for making an in-time application for administrative review or appeal (where applicable); or
- (iv) any administrative review or appeal being concluded, withdrawn or abandoned or lapsing.
- (3) the period overstaying was between 24 January and 31 August 2020; or
- (4) where the applicant has, or had, permission on the Hong Kong BN(O) route, and the period of overstaying was between 1 July 2020 and 31 January 2021.