Various Tier 2 workers and sponsors have dropped us enquiries to get advise on the disruption the Covid-19 pandemic has caused and the best ways to deal with it. Fortunately, the Home Office has announced certain flexibilities they will be implementing during this difficult period.
TIER 2 SPONSORS
Those holding a Tier 2 Sponsor Licence and are employing non-EU nationals should be familiar with the Home Office Sponsor Guidance. The Guidance holds sponsors to the requirement whereby any sponsored workers non-attendance should be reported if they are absent for their first day of work or if they have been absent for more than 10 consecutive days without the sponsor’s approval. Hence, it is not unusual for various Tier 2 sponsors to be concerned about breaching their sponsor duties during the pandemic.
In response to the sponsor’s concerns, the Home Office have announced a few concessions which will be implemented throughout the pandemic:
- Authorised absences of both students (Tier 4) or employees (Tier 2) due to reasons of covid-19 need not be reported;
- Sponsorship need not be withdrawn, even if the student (Tier 4) has been unable to attend work for over 60 days or if an employee (Tier 2) has been absent from work without pay for more than 4 weeks, if the sponsor considers that it is an exceptional circumstance;
- Employees working from home due to covid-19 need not be reported.
As such, it is evident that the Home Office’s concessions have afforded Tier 2 sponsors temporary flexibility which helps them avoid breaching their sponsor duties. If a worker has been put under necessary isolation, is not able to attend work, or if the office has been closed temporarily, for reasons owing to covid-19, such absences can be recorded by sponsors as authorised absences.
TIER 2 WORKERS
Fortunately for Tier 2 visa workers, the Home Office has announced that no compliance actions will be taken against those who are unable to attend work owing to the pandemic. However, workers must still communicate with their sponsors and ensure their absence is recorded as an authorised absence.
Owing to the pandemic, the economic climate has seen a drastic change with various businesses making redundancies, thus causing concerns amongst workers, especially those holding Tier 2 visas. This is because redundancies can lead to Tier 2 workers losing their right to remain in the UK.
If a Tier 2 worker has been dismissed or made redundant, the sponsor is required by the Home Office to report such dismissal or redundancy within 10 days of the worker’s last day of work. The Home Office will then send a letter to the Tier 2 worker to inform the worker that their leave to remain has now been curtailed and that the Tier 2 worker would have 60 days or till the visa expiry date to either make a fresh visa application or leave the UK.
In the event that the dismissed worker intends to leave the UK but is unable to, the Home Office has announced concessions which would allow the worker to remain in the UK despite the visa expiry. For such cases, the Home Office’s Coronavirus Immigration Team (CIT) should be contacted as a short extension until 31 May 2020 is allowed.
However, if the dismissed worker wishes to get a new job or switch to a different visa category, they are now afforded greater flexibility to do so. This is because the Home Office has announced that in-country applications are now permitted for long-term stays even where you would originally be expected to apply for the visa from your home country.
To speak to a lawyer who understands the new system and is constantly updated with new Home Office guidance and announcements, call 020 7018 1630 or email us at info@avincentsolicitors.uk