New Immigration Rule - Points Based System Application
You can now make a Points-Based System application, including a Skilled Worker application, even if you are on immigration bail, where the SUI 13.1 overstayer exception applies.
This is particularly important where:
You made your previous application before your visa expired.
That application was refused.
You applied for Administrative Review.
The Administrative Review was refused.
You then obtain a Certificate of Sponsorship (CoS).
You make the new application within 14 days of the Administrative Review decision.
The key change is that immigration bail itself will no longer automatically prevent the Skilled Worker application from being considered in these circumstances.
⚠️ Important: This does not mean everyone on immigration bail can automatically switch to a Skilled Worker visa. You must still fall within the relevant SUI 13.1 exception and meet all the requirements of the route.
Also, making this application does not restore section 3C leave or your previous right to work while the new application is pending.
What is SUI 13:1?
SUI 13.1 is the paragraph in Part Suitability of the Immigration Rules called “Exceptions for overstayers.” It identifies circumstances in which the Home Office will disregard a period of overstaying when considering a new immigration application.
For the scenario you were discussing, the important provision is SUI 13.1(b). It applies where:
the person made their previous application in time, before their leave expired;
that application was refused or rejected; and
they make a new application within 14 days of the relevant event, including the conclusion, withdrawal, abandonment or lapse of an Administrative Review or appeal.
So, for example:
Visa valid → in-time application → refusal → Administrative Review → AR refused → obtains CoS → Skilled Worker application within 14 days of AR concluding.
Under SUI 13.1(b), the intervening overstaying can be disregarded.
The important 2026 change
SUI 13.1 itself is not the new rule. The significant change is that the Immigration Rules for Skilled Worker and numerous other routes have been amended so that being “on immigration bail” is no longer an absolute barrier where the Exceptions for overstayers in Part Suitability apply. The July 2026 Statement of Changes introduced this formulation across multiple routes.
That means someone who falls within SUI 13.1(b) may now potentially make the new points-based application even though they have subsequently been placed on immigration bail.
One crucial distinction: SUI 13.1 does not give the person leave. If they make the second application after their leave has expired, section 3C is not revived, and their previous conditions — particularly permission to work — are not restored while the application is pending.
This is the provision I would highlight for your client: SUI 13.1(b)(ii)(4) — the 14 days following conclusion of Administrative Review.
Need immigration advice?
Book a consultation with one of our specialist immigration solicitors today. We will assess your circumstances, explain your options and help you submit the strongest possible application.
Book a consultation to speak to an immigration adviser HERE
