The Appellant, who is a Chinese national, was granted ‘CV Assurance LTR’ a number of times totalling nearly 18 months. ‘CV Assurance LTR’  was granted to individuals who could not leave the UK due to Covid restrictions. She then reached 10-years in the UK and applied for Indefinite Leave to Remain based on 10 years’ lawful and continuous residence.

The Home Office refused the application on the basis that ‘CV Assurance LTR’ is not “lawful residence”. Although the Court of Appeal found in The King (on the application of Dhasarathan Seerangan) v Secretary of State for the Home Department [2025] EWCA Civ 354 that short term exceptional assurance (which was granted when the person had no leave to remain at all) was not lawful presence, the Judge accepted that the SSHD herself had given evidence to the Home Affairs Select Committee that ‘CV Assurance LTR’ was “leave to remain” granted under the SSHD’s inherent discretion.

Allan was instructed on a direct access basis.