The Covid Visa Concession Scheme

As we enter 2021, the UK – as well as the rest of the world – remains in the midst of the Covid-19 pandemic, with travel disruption still causing problems for many across the globe. The Home Office have introduced various concessions as a result of Covid-19, however, so far these have been aimed mainly at those individuals who are currently in the UK.

In January 2021, the Home Office announced a new concession scheme for those individuals who are overseas, whose visa has expired whilst they have been abroad (or is about to expire), and who have been unable to return to the UK to make an application for further leave to remain due to Covid-19. This is known as the Covid Visa Concession Scheme, and it allows those individuals who are eligible and currently abroad to travel to the UK and submit an application for leave to remain on the immigration route that they were on before they left the UK and their leave expired.

In order to be eligible under the Covid Visa Concession Scheme, a person must be overseas, and all of the following must apply:

• They must have left the UK before 17 March 2020 (unless exceptional circumstances apply);
• They must have held a valid visa on an eligible immigration route at the time they left the UK, and this leave has since expired (or will expire soon);
• They have been or are unable to return to UK prior to their leave expiring as a result of Covid-19 travel restrictions; and
• They intend to return to the UK shortly to make an application (unless they are unable to travel due to Covid-19 related reasons, for example, a requirement to self-isolate).

The Scheme applies to those on immigration routes where, if the individual was still in the UK on their previous visa, they would normally be eligible to apply for further leave to remain or indefinite leave to remain on the route they intend to apply for. The Scheme, therefore, does not apply to those who were in the UK on visit visas.

An individual eligible under the Scheme will be granted a period of 3 months' leave to enter to allow them to travel back to the UK and to submit an application for further leave on their relevant immigration route.

Further information can be found here.

As the Covid Visa Concession Scheme has only very recently been introduced, it remains to be seen how the Home Office will implement this concession in practice. Whilst it is undoubtedly welcome news for some of those stranded overseas, it is important to note that the Scheme by and large will not apply to anyone who left the UK after 17 March 2020, unless for exceptional reasons.

If you would like any advice or assistance regarding your immigration status during the Covid-19 pandemic then please do not hesitate to contact one of the experienced solicitors in our immigration team.