Check your Immigration status during Covid-19
The Home Office immigration department is conforming with the UK Government’s lockdown rules and is shut for face-to-face interviews. Similarly, it is closed for appointment bookings to take biometrics (photograph and fingerprints) as well as to scan applicant’s passport onto their system. Nonetheless, individuals should comply with the UK immigration laws where possible.
Short term stays in the UK
The Home Office’s current position is that non-EEA nationals who are in the UK, who are in risk of overstaying or have already overstayed, will be able to obtain an extension of stay until 31 July 2020. However, this temporary concession will only apply to those who are unable to leave the UK before their visa expiry due to travel restrictions or self-isolation due to the covid-19. To benefit from the extension, one must make a request for an extension by completing and submitting a form.
This temporary concession seems to be the most plausible option for those currently in the UK and who:
• had leave to remain in the UK for a short-term, which expired after 24 January 2020;
• has wanted to leave the UK but is unable to do so due to the covid-19 pandemic; and
• is intending to leave as soon as it is possible to do so.
Long term stays in the UK
Those intending to apply for a longer visa and is already in a route that allows for in-country conversion should proceed to apply for their immigration application as usual.
For those who are currently in the UK but are in a route that does not allow for in-country switching can now also submit their application in the UK but:
• this is only valid until 31 July 2020;
• you can only apply from within the UK if your leave is due to expire on or before 31 July 2020;
• you must ensure you meet the requirements of the route and are able to pay the UK application fee.
In-country applications
Although the online application can still be completed as usual, there is a time limit of 45 days upon submission of the application for taking biometrics. However, due to the current pandemic, many UKVCAS centres are closed and as such, it is likely that the Home Office will either extend the time limit or waive the time limit altogether until further notice.
Nonetheless, some centres have started to reopen on 1 June 2020 but these centres will firstly deal with the backlog of applications before allowing new appointments to be scheduled.
Tier 2 workers intending to start a new job
As there is a backlog of applications now, those intending to start a new job with a Tier 2 visa are allowed to start their job before approval is granted. However, you can only do so if you have a valid certificate of sponsorship from the employers. To start your job, you must submit the online application before your previous visa has expired.
Making an application from abroad
There are some visa application centres overseas that are starting to reopen but it is noteworthy that there is still a significant disruption to the process. As such, although an online application can still be done, the process cannot be completed as interviews and biometrics cannot be carried out until the visa application centres are able to accept applicants.
The 30-day time limit
Those wishing to enter the UK to study, join their relatives or spouses or take up Tier 2 employment usually are given a 30-day time limit to take up the entry clearance issued and travel to the UK. However, due to the current pandemic, it is possible that individuals find themselves unable to travel as there are no flights out.
For these cases, it is noteworthy that the 30 days’ time limit has been automatically extended until the end of 2020, with no extra cost to the applicants. However, in order to make use of this temporary concession, an online form must be completed and submitted to the Home Office.
Conclusion
Globally, all countries are trying their best to evolve in line with this uncertain period. Hence, as this is an evolving situation, there may be further changes. The government has made various concessions to adapt to the pandemic and the above are only some commonly asked questions.
If the Covid-19 pandemic has affected your immigration application, status or freedom of movement, the lawyers here in A Vincent Solicitors are happy to provide you the professional legal advice you need. To speak to us, call 020 7018 1630 or email info@avincentsolicitors.uk