Coronavirus Home Office Guidance

It is fast becoming clear that the spread of coronavirus is having an impact on everyday life in the UK, and UK immigration law is no exception to this. In light of the spread of coronavirus, the Home Office have published short term guidance to address the implications of the outbreak of the virus on UK immigration law.

As a result of travel restrictions associated with the spread of the virus, there will be individuals, both inside and outside of the UK, who are dealing with uncertainty in relation to their immigration matters. The Home Office’s guidance aims to alleviate some of this uncertainty short term, and we will outline the provisions that relate to individuals already in the UK below. It is worthwhile noting that the guidance also deals with the impact of the virus on UK business immigration matters, and for those outside of the UK, although this will not be discussed below.

For those inside the UK, there is uncertainty about the expiry date of current visas or leave to remain. The Home Office has agreed, remarkably, where a Chinese national can prove they are Chinese or where a non-Chinese or non-EEA national can prove that their normal place of residence is China, to automatically extend visas of those nationals in the UK, who have leave to remain that expires between 24th January 2020 and 30th March 2020, until 31st March 2020. The Home Office has confirmed, however, that such an extension will only be permitted where the individual has complied with the conditions of their current grant of UK leave. If leave is extended, then the individual will not be issued with a new visa or Biometric Residence Permit. The individual will require to extend their leave on or before 31st March 2020.

Moreover, any Chinese nationals with a long-term visitor visa for the UK (that is, a visa lasting for two, five or ten years) who will reach the six-month cap on a visa of this type between 24th January 2020 and 30th March 2020 can stay in the UK up to 31st March 2020. The position in respect of the visa is similar to the above.

Normally, it is not possible for an individual to switch from a Tier 2 (Intra-Company Transfer) visa to a Tier 2 (General) visa in-country, however, in light of the coronavirus outbreak, Chinese nationals who are currently in the UK with Tier 2 (ICT) leave to remain that expires between 24th January 2020 and 30th March 2020 can exceptionally submit an application to switch to Tier 2 (General) from within the UK, without having to return to China.

The Home Office’s guidance on the coronavirus outbreak – can be found here: https://www.gov.uk/guidance/coronavirus-immigration-guidance-if-youre-unable-to-return-to-china-from-the-uk - is being updated regularly, and while it only currently relates to Chinese nationals, and those whose normal place of residence is in China, it may be extended to national of other countries in the future.

If you wish to discuss the Home Office’s guidance on the coronavirus outbreak and whether this impacts you, then please do not hesitate to contact one of the solicitors in our Immigration Team to discuss matters further.