How Coronavirus is impacting UK Immigration
Falguni Y Parekh
Award-Winning UK Immigration Lawyer ? Strategic Visa Advice for Business & Family ? Tailored Legal Services ? Founder of The SmartMove2UK
Due to worldwide increase of Coronavirus disease (COVID-19) certain measures have been taken to combat its spread. Escalating impact of COVID-19 is leading to change in almost all aspects of society, inside and outside the UK. The immigration system is no exception.
Impact on general policy – Visa extensions and other concessions
In the current situation, non-EEA nationals in the UK (on temporary leave to enter or remain) on visas nearing the expiration of their validity, find themselves in a precarious immigration position. Especially, with numerous countries, impacted by the coronavirus, imposing travel restrictions which may be preventing their return home or because they are practicing self-isolation in the UK.
The Home Office has announced that visas are extended for those currently unable to return home due to COVID-19. Leave extended to 31 May for individuals who are currently unable to return home at the end of their visa. Visa nationals who cannot return home due to the COVID-19 pandemic will be able to extend their visa.
The extension, announced by the Home Secretary will apply to anyone whose leave expired after the 24 January and who cannot leave the country because of travel restrictions or self-isolation. This will last until 31 May but will be kept under regular review in case further extensions are needed.”
Further, a dedicated COVID-19 immigration team has been set up within UKVI, to make the process as straightforward as possible for those needing an extension on their visas. Individuals must contact the Coronavirus Immigration Team email to apply for such an extension on their visas. Providing details like Full name (include any middle names), DOB (dd/mm/yyyy), Nationality, Existing visa details, Reason that has required them to extend their stay (for example, the suspension of all travel to their place of permanent residence)
This requirement to contact CIT applied to individuals of any nationality whose leave expires between 24th January and 31st May 2020.
Switching visas
In order to help those who want to apply for visas to stay in the UK long-term, the Home Office is also temporarily expanding the in-country switching provisions. This will mean people can continue to apply to switch routes, such as from Tier 4 (student) to Tier 2 (General Worker), whilst remaining in the UK. UKVI will continue to process applications as quickly as possible.
Impact on Sponsor Duties for Tier 2, Tier 4, Tier 5 sponsor licence holders
The Home Office brief guidance published due to Coronavirus impact for organisations who sponsors overseas workers or students under Point Based System Tiers 2, 4 and 5 states;
“We will not take enforcement action against sponsors who continue to sponsor students or employees despite absences due to coronavirus.”
The sponsor doesn’t require to report student or employee absences related to coronavirus, and this can include illness, their need to isolate or inability to travel due to travel restrictions.
Immigration Tribunal Hearings
HM Courts and Tribunals Service (HMCTS) is now issuing a daily operational summary on
courts and tribunals during coronavirus (COVID-19) outbreak. The [First-tier] tribunal has suspended face to face hearings (other than in exceptional circumstances) until further notice.
A network of priority courts will remain open during the coronavirus pandemic to make sure the justice system continues to operate effectively.
Moreover the coronavirus lockdown regulations do include an exemption “to fulfil a legal obligation, including attending court or satisfying bail conditions, or to participate in legal proceedings”.
Key Contacts
Key contacts email at [email protected] [Email must be in English] or call on 0800 678 1767 (Monday to Friday, 9am to 5pm). Calls are free of charge.
If your query doesn’t relate to immigration provisions associated with coronavirus (COVID-19) please contact the general immigration helpline.
UK Visa Application Centres inside UK and outside UK remain closed. Existing appointments will be automatically rescheduled. However new appointments cannot be booked.
Disclaimer: All images are used for representational purpose only.