Coronavirus – Immigration Update 25 March 2020

On 24 March the Home Office released updated guidance for immigration in light of increasing restrictions due to Coronavirus. 

On a positive note, the guidance confirms a further automatic extension of leave until 31 May 2020 for anyone whose leave expired after 24 January, where that individual intends to depart the UK but has been unable to do so prior to expiry of their initial leave due to Coronavirus restrictions. 

The guidance provides reassurance that individuals who were in the UK legally, but whose visa has expired within the above period and has been unable to return to their country of origin as a result of these particular restrictions, will not be considered an overstayer, nor will they suffer any disadvantage in the future as a result. 

In these circumstances, individuals must contact the Home Office to inform them of their situation. 

The guidance which can be found here: https://www.gov.uk/guidance/coronavirus-covid-19-advice-for-uk-visa-applicants-and-temporary-uk-residents - will continue to be reviewed and this leave may be extended again if necessary. 

In country applications

Individuals who are inside the UK and wish to apply for a longer extension of leave to remain, for example, those who plan to stay in the UK long term, should continue to submit the relevant application prior to the expiry of their leave. This will protect their position in the UK. Delays due to biometric appointments being rescheduled as a result of coronavirus will not negatively impact the application. 

There is still a lack of guidance from the Home Office about the ability to meet financial requirements for visa extensions during this turbulent time. In my view it would be reasonable for the Home Office to disregard any decrease in income during the pandemic period when calculating whether someone meets the relevant financial requirement. However, the official position is yet to be clarified.  

While on the point of visa requirements, it is important to note many approved English language test centres in the UK and abroad either have restrictions applied or are suspended. 

Significantly, individuals who would normally have been expected to depart the UK and re-apply to enter on a different visa type but are unable to do so due to the restrictions, are permitted to switch onto the desired route from within the UK instead. This now applies to applicants of any nationality.

In these exceptional circumstances, students are allowed to complete distance learning until 31 May 2020 if it has been agreed with their sponsor, without sponsorship being withdrawn. 

On a side note, it is not necessary for Sponsors of workers under Tier 2 and Tier 5 categories who are required to work from home due to the pandemic to notify the Home Office of this particular change in the exceptional circumstances.

Out of country applications

Individuals hoping to apply to enter the UK should note that numerous Visa Application Centres are closed until further notice or are postponing biometric enrolment appointments.

Anyone who has a visa granted during this pandemic period may not be able to travel to the UK within the usual 30 days due to travel restrictions. It is possible to apply to have the 30 day vignette extended in the circumstances, though it is currently unclear whether this will incur a further Home Office fee. 

Summary

Although the current guidance is still relatively limited it does now extend to individuals of all nationalities who find themselves with their visa expiring during this pandemic. 

Going forward one should expect delays in issuing decisions due to Coronavirus. This applies to both in country and out of country applications. 

The Home Office has confirmed that the current conditions do constitute exceptional circumstances. As a result, we would hope a flexible approach is taken on all bases, however, this should not be presumed and we eagerly await further clarification on those queries that have still not been addressed. 

These are uncertain times never before experienced in this generation. If you would like advice and assistance in relation to immigration during the Coronavirus pandemic please do not hesitate to contact our experienced team of Immigration solicitors.