CDS Mayfair Immigration Q&A for those applying for a UK visa from outside of the UK

CORONAVIRUS (COVID-19): AN IMMIGRATION LAW Q&A

The UK immigration system has been particularly hard hit by the widespread disruption caused by COVID-19, and in particular, by the significant restrictions that have been placed on all forms of travel. Unfortunately, the UK immigration authorities have been slow to react to the challenges thrown at them by this pandemic, leaving those affected wondering where they stand in these unprecedented times.

Over the course of the last fortnight, the Home Office have begun to issue a series of COVID-19 related policies to tackle the issues faced by migrants and sponsors alike. To date however, these policies reveal a lack of joined-up thinking between the UK Government departments and in some cases, have raised more questions than they answer. 

With that in mind, the immigration team at CDS Mayfair have compiled a Q&A piece highlighting some of the most common issues we anticipate people experiencing in light of COVID-19. We at CDS Mayfair remain ready to help advise and assist you with any queries you may have in respect of your corporate or private immigration matters, including those related to COVID-19.

Please note, the content of this Q&A is up to date at the time of drafting (6 April 2020), but the situation remains fluid and further updates are anticipated. The questions and answers on this page are intended for general information only and must not be used as a substitute for legal advice. You should always take legal advice which is tailored to your specific needs and circumstances.

Applying for a UK visa from outside of the UK

Q1: Is it possible to apply for a visa from outside of the UK at the moment?

A: No. This is because most of the UK’s Visa Application Centres (‘VACs’) are currently closed and we anticipate more will be closing in the coming days. Those that currently remain open are offering limited services. Applicants are therefore being advised by the Home Office, by way of their factsheet, to check for up to date services in their chosen country.

For those applying from Europe, Africa and parts of the Middle East visit the Home Office’s relevant commercial partner, TLSContact. An update of its services can be found via its website: https://uk.tlscontact.com.

If you are seeking to apply from any other country, VFS Global is the Home Office’s relevant commercial partner. An update of its services can be found via its website: https://www.vfsglobal.co.uk.  

Q2: I had already submitted an application for a visa but my VAC shut before I could attend my appointment. What should I do?

A: Where visa applicants have an appointment and the VAC is now closed, commercial partners are contacting customers to advise them the appointment is not going ahead. If customers have paid for a courier to return their passport, commercial partners are sending passports back (where courier routes remain open to allow them to do so).

The Home Office’s guidance does not clarify what will happen to the fees paid for appointments that will not now proceed. Nor is there any guidance on what will happen to applications in the interim or when appointment booking is likely to resume. Further guidance from the Home Office is therefore required.

Q3: I have already attended my appointment at my VAC to hand in my passport and provide a copy of my supporting documents. My VAC is now shut. What should I do?

A: If you have paid for a courier to return your passport, the relevant commercial partner (either TLS Contact or VFS Global) will send your passport back to you (where the courier routes remain open to allow them to do so).

If your passport is currently held in a VAC but you have not arranged for it to be returned by courier (a paid-for service you can opt into when booking your appointment), you are being advised to contact the relevant commercial partner for your VAC.

If you are concerned about your passport, you can contact the Coronavirus Immigration Team using the details found at the bottom of the Home Office’s factsheet.

Q4: I have been issued with a 30-day visa (vignette) but cannot travel to the UK before it expires. What should I do?

A: Ordinarily if you cannot travel within the validity of your 30-day visa, you would need to apply for a replacement visa.

Thus far the UKVI have not provided any guidance on what to do when you are unable to travel for COVID-19 related reasons. It is therefore advisable for you to contact the UKVI’s dedicated email account, [email protected], with your query to understand whether a further application will be necessary or whether this requirement can be waived. You may also wish to wait for further guidance issued by the UKVI to clarify this issue.

Q5: I need to submit an application to the UKVI before my visa is due to expire. To make the application, I have to pass an English language test and/or the Life in the UK test but all the test centres are closed. What should I do?

A: There is no UKVI guidance as yet about how applicants should proceed with applications where they cannot submit the required test certificate(s) and thus, meet all of the relevant rules at the time of application.

Whilst guidance on this issue is awaited, applicants should ensure they preserve their leave by submitting an in-time online Home Office application and paying the relevant fees (before their visa expires).

Applicants should not book an appointment at their chosen UKVCAS centre until the centres have reopened and you are able to take the relevant test and receive your results. That way, you may not have met the English language/Life in the UK requirement on the date you applied, but you will meet it by the date of your appointment. In these circumstances, it would likely be unreasonable for the UKVI to refuse your application as you have endeavoured, as far as circumstances allow, to meet the rules as soon as was practicable.

Note: given the ambiguous and transient nature of the above policies, it is advisable to seek clarity and advice on all COVID-19 related issues.

Contact Us

If you would like to discuss any of the issues raised, please contact our Immigration Team:

Elena Tsirlina | Solicitor, Head of Immigration and Asylum

[email protected] | +44 7891 857588

Chloe Spaven | Solicitor

[email protected] | +44 7462 116621