Skip to content
Home
Success StoriesNews
Contact Us

New Immigration Rule: People on Immigration Bail Can Now Apply for Permission to Stay if the Exception for Overstayers Applies

Under the Statement of Changes HC 259, laid before Parliament on 9 July 2026, an application will not be refused solely because the applicant is on immigration bail, provided the applicant is eligible under the Exception for Overstayers (SUI13.1). The application will instead be considered on its merits.

|
|4 min read
New Immigration Rule: People on Immigration Bail Can Now Apply for Permission to Stay if the Exception for Overstayers Applies
Add Nara Solicitors as a preferred source on Google

The Home Office has laid a new Statement of Changes in Immigration Rules (HC 259) before Parliament on 9 July 2026. Alongside the Graduate route amendment we covered separately, the Statement makes an important change to the Part Suitability requirements of the Immigration Rules. It concerns the effect of being on immigration bail on future immigration applications.

This is a significant change for a specific group of applicants. But we want to be clear from the outset: it does not open the door for everyone on immigration bail to apply for a visa. The change is narrow, and it only helps applicants who fall within the Exception for Overstayers.

What has changed?

The Explanatory Memorandum to HC 259 sets out the change in one sentence. Where an applicant is eligible to apply under the Exception for Overstayers (paragraph SUI13.1 of Part Suitability), their application will not be refused solely on the basis that they are on immigration bail. Instead, the application will be considered on its merits.

Why does this matter?

Until now, being on immigration bail could itself be a barrier under the suitability requirements. A person could fall within the Exception for Overstayers and still face refusal simply because they were on immigration bail at the time of applying. The new provision removes that outcome for eligible applicants. Their application must now be assessed on its merits rather than refused solely for the bail status.

For people on immigration bail who genuinely qualify under the Exception for Overstayers, this is a fairer position. It means the substance of their application will actually be considered.

A word of caution: this does not apply to everyone on immigration bail

This is the point we want every reader to take away. The change only assists applicants who are eligible under the Exception for Overstayers in SUI13.1.

If the Exception for Overstayers does not apply to your situation, being on immigration bail remains a problem for any future application. Nothing in this change gives a general right for people on immigration bail to apply for a visa. It is a targeted provision, not a blanket one.

Whether the Exception for Overstayers applies to you depends on the specific facts of your case, including the circumstances and timing of your overstaying. Getting this assessment wrong before applying can lead to a refusal, wasted fees, and further immigration difficulty. This is exactly the kind of question you should put to a solicitor before submitting anything. Book a consultation with our team and we will assess whether the exception applies to your circumstances.

When does this take effect?

The Explanatory Memorandum confirms that the changes in HC 259 will come into effect on various dates from 3rd Aug 2026, with the specific date for each change set out in the implementation section of the Statement of Changes. Home Office guidance will be updated on GOV.UK when the changes take effect. Until the relevant commencement date, the current Rules continue to apply.

What should affected people do now?

If you are on immigration bail and considering an application:

  • Do not assume this change helps you. First establish whether the Exception for Overstayers applies to your case.

  • Do not apply before the change is in force if your application depends on it. Applications are decided under the Rules in force at the time.

  • Take legal advice on timing, eligibility, and evidence before submitting.

If you are unsure where you stand, our personal immigration team can review your immigration history, your bail conditions, and your eligibility, and advise on the right way forward. You can also read our success stories to see how we have helped clients in difficult immigration situations.

How NARA Solicitors can help

At NARA Solicitors, we advise on complex suitability issues, overstaying, immigration bail, and applications from within the UK. If you are on immigration bail and want to know whether this new provision applies to you, our team is ready to provide the guidance and support you need.

Book a consultation with NARA Solicitors today.

Get in touch with Nara Solicitors

Get in touch with Nara Solicitors

Book a consultation with Nara Solicitors to get legal advise for your query.

Book a Consultation with us

More from News

ILR update today: Home Secretary Shabana Mahmood announces care workers keep 5-year settlement route while others wait 10 years

ILR Update today: Care Workers get ILR in 5 years, Others Wait 10 years*

ILR update today: care workers already in the UK keep a 5-year route to settlement while most others wait 10 years. The latest ILR news from the Commons, explained.

02 November 2026
Care workers could be treated like doctors under settlement rules due today

Care workers could be treated like doctors under settlement rules due today

The Home Secretary announces her final indefinite leave to remain rules today. Care workers may be able to earn years off a 15-year wait.

02 November 2026
ILR changes: Mahmood to confirm final rules next week, care workers likely to escape the longer wait

ILR changes: Mahmood to confirm final rules next week, care workers likely to escape the longer wait

Shabana Mahmood is expected to confirm the final ILR rules next week. Most workers face 10 years, but care workers already in the UK are likely exempt from the proposed 15.

31 October 2026
latest immigration updates

Breaking: UK to give sponsored workers up to six months to find a new job, and two-year graduate visa for “high-compliance universities”

Budget 2026 announced a six-month curtailment period for the highest skilled workers, a two-year graduate visa for some universities and lower sponsor salary thresholds. None is law yet.

28 October 2026
86% of UK student visa refusals come from seven countries

86% of UK student visa refusals come from seven countries

Seven countries made up 86% of UK sponsored study visa refusals in the year to June 2026, Home Office data shows. Here is how each country compares.

20 October 2026
No More Unchecked Gig Workers: Employers Now Risk £60,000 Fines and Up to 5 Years in Prison

No More Unchecked Gig Workers: Employers Now Risk £60,000 Fines and Up to 5 Years in Prison

From 1 October 2026, right to work checks extend beyond employees to people working under a worker's contract, individual sub-contractors and online matching services. Businesses that fail to carry out the correct checks face civil penalties of up to £60,000 per illegal worker.

01 October 2026