In response to the Coronavirus, and the Government measures to combat it, the Home Office have introduced a number of new policies. The situation is fluid and changing on a very frequent basis so practitioners should take care to check the latest position on the UKVI website.
This post was drafted on 19th April 2020.
On 23rd March 2020 the Parliamentary Under-Secretary of State for the Home Department (Kevin Foster) stated, in response to a question about English Language Testing and student visas (this quote will be useful to cite in representations):
We are very clear that no one will have a negative outcome through the immigration system due to a circumstance that was beyond their control. We have already done a block extension of visas for Chinese nationals, and we are looking at further measures that we can take—for example, allowing in-country switching that we would not normally allow—to ensure that no one is penalised because they followed the advice and did what they could to protect our NHS and save lives.
The Home Office Coronavirus policies are set and summarised out below:
Coronavirus (COVID-19): immigration and borders
UKVI have collated their main Coronavirus policies on this page and this should be your first port of call.
Coronavirus (COVID-19): advice for UK visa applicants and temporary UK residents
This is advice for visa customers and applicants in the UK, visa customers outside of the UK and British nationals overseas who need to apply for a passport affected by travel restrictions associated with coronavirus.
For those currently in the United Kingdom, with a visa expiring between 24th January 2020 and 31st May 2020, who cannot leave due to Coronavirus, provision is made for leave to be extended until 31st May 2020. An individual must ‘apply’ for this by completing an online form updating the Home Office. The form can be found at:
https://gov.smartwebportal.co.uk/homeoffice/public/webform.asp?id=199&id2=5C97E7
This replaces the previous policy, announced on 17th February 2020, in relation to automatic extensions for Chinese nationals in the United Kingdom.
This provision is not meant for those who were planning to extend their leave in the United Kingdom. Those who wish to extend their leave to remain should make an application in the relevant category.
Concern has been raised as to whether this automatic extension policy extends and individual’s leave by virtue of section 3C Immigration Act 1971.
‘Coronavirus (COVID-19): advice for UK visa applicants and temporary UK residents’ also sets out a number of concessions in other respect of other categories:
Tier 1 Entrepreneurs – Tier 1 Entrepreneurs will no longer need to employ at least 2 people for 12 consecutive months each. The 12 month period can now be made up of multiple jobs across different months although time when employees were furloughed will not count. Entrepreneurs who have not been able to employ staff for 12 months in total by the time their visa expires, will be allowed to temporarily extend their stay to give them the time to meet the requirement. These arrangements will continue for applications made after 31 May 2020, where the jobs you are relying on were disrupted due to COVID-19.
Tier 4 Students – Tier 4 Migrants who have made an in-time application can now start their course before their application is decided provided certain criteria are met. If their application is eventually rejected as invalid or refused they must stop their course or studies.
Tier 2 & 5 Migrants – Workers who have applied in time can start work before their application is decided is certain criteria are met. If their application is eventually rejected as invalid or refused their sponsor will stop sponsoring them and they must stop working for them.
NHS Workers – Some NHS workers and their families will have their visas automatically extended. The restrictions on the number of hours that an individual can work or volunteer for the NHS have been removed (see the policy for which categories are covered) and for pre-registration nurses in the UK, the deadline for to sit the Occupational Structured Clinical Examination (OSCE) has been extended to 31 December 2020.
The policy also provides guidance for those outside of the United Kingdom.
Those applying for a Global Talent, Start-up or Innovator visa whose endorsement has expired because they have not been able to travel to the UK may still be eligible for a visa. These individuals should make their application as planned and they will be considered on a case by case basis.
On 9th April 2020 UKVI produced a Factsheet entitled ‘Coronavirus (COVID-19) factsheet: visa holders and short-term residents in the UK’ which summarises their guidance
Coronavirus (COVID-19): landlord right to rent checks
Advice for landlords carrying out right to rent checks during the coronavirus pandemic.
From the 30th March 2020 the Home Office have made temporary adjustments to the right to rent checks. In summary:
· checks can now be carried out over video calls
· tenants can send scanned documents or a photo of documents for checks using email or a mobile app, rather than sending originals
· landlords should use the Landlord’s Checking Service if a prospective or existing tenant cannot provide any of the existing documents
Full details of how these adjusted checks are to be carried out are set out in the policy.
The policy also indicates that once these measures end landlords will need to revert to the checking process set out in the code of practice and retrospective checks will be required on tenants who:
· started their tenancy during this period
· required a follow-up check during this period
The policy goes on to state, ‘If, at the point of carrying out the retrospective check, you find your tenant, who started their tenancy during this period, did not have a right to rent you must take steps to end the tenancy.’
Coronavirus (COVID-19): right to work checks
Advice for employers carrying out right to work checks during the coronavirus pandemic.
From the 30th March 2020 the Home Office have made temporary adjustments to the right to work checks. In summary:
· checks can now be carried out over video calls
· job applicants and existing workers can send scanned documents or a photo of documents for checks using email or a mobile app, rather than sending originals
· employers should use the Employer Checking Service if a prospective or existing employee cannot provide any of the accepted documents
Full details of how these adjusted checks are to be carried out are set out in the policy.
The policy also indicates that once these measures end employers will need to revert to the checking process set out in the code of practice and retrospective checks will be required on employees who:
· started working for you during these measures
· required a follow-up right to work check during these measures
The policy goes on to state, ‘If, at the point of carrying out the retrospective check, you find your employee does not have permission to be in the UK you must end their employment.’
Coronavirus (COVID-19): advice for Tier 2, 4 and 5 sponsors
This is advice for Tier 2, 4 and 5 visa sponsors in the UK who are sponsoring those affected by coronavirus (COVID-19).
The Coronavirus in respect of sponsors was first published on 27th March 2020 and makes adjustments in respect of the following issues:
· If your student or employee is absent
· If you’re sponsoring a student who is distance learning
· If you have issued a Certificate of Sponsorship (CoS) or a confirmation of acceptance for studies (CAS) and the sponsored employee or student has not yet applied for a visa
· If you’re sponsoring a student who’s waiting for their Tier 4 visa application to be decided
· If you’re sponsoring employees who are working from home
· If you’re sponsoring an employee who’s waiting for their Tier 2 or 5 visa application to be decided
· If you cannot pay the salaries of sponsored employees because you’ve temporarily reduced or ceased trading
In each of the above areas the Home Office have made temporary concessions and you should consult the policy for full up-to-date details.
On 9th April 2020 UKVI produced a Factsheet entitled ‘Coronavirus (COVID-19) factsheet: guidance for sponsors’ this summarises their guidance to sponsors.
Coronavirus (COVID-19) and immigration removal centres
Guidance on visiting an immigration removal centre during the coronavirus pandemic.
This policy provides guidance for visitors and the families and friends of those in immigration removal centres (IRCs) in the UK during the pandemic. IRC’s are currently closed to visitors; legal visits can continue in exceptional circumstances if no other means of contact can be used instead.
Service of Immigration Judicial Reviews
Contact the Government Legal Department electronically
The service of new legal proceedings should be via email.
This policy announcement states in relation to Immigration Cases:
For new immigration proceedings i.e.:
· Immigration High Court judicial reviews
· Immigration habeas corpus applications
· Immigration family court proceedings
· Appeals to the Court of Appeal challenging Immigration Upper Tribunal Appeal decisions
Please email ImmigrationAdminTeam@governmentlegal.gov.uk
For immigration judicial reviews:
Immigration judicial reviews issued in the Immigration Upper Tribunal should be served on the Home Office.
New claims which would normally only be posted or delivered by hand to the Home Office at 6 New Square, Bedfont Lakes, TW14 8HA can now be sent by email to UKVIJudicialReview@homeoffice.gov.uk. Where other instructions regarding service have been provided on decision notices or an immigration factual summary these should continue to be followed.
The Home Office have also sent a number of letters to various organisations which contain statements of changes to their policies as a result of the Coronavirus pandemic:
Letter from Immigration Enforcement regarding reporting conditions
‘I can confirm that, on Wednesday 17 March, we paused immigration reporting for all those who have a bail condition to present at a reporting centre or police station.’
Home Office Update on Asylum Support
Information provided to the British Red Cross by the Home Office in respect of the current position in regard to asylum support.
Home Office Letter on Asylum Accommodation
‘I have taken the decision that, for the next three months, we will not be requiring people to leave our accommodation because their asylum claim or appeal has been finally decided (as would normally be the case). This decision will be reviewed ahead of the end of June 2020.’
Change to the Travel Documents service due to the Covid-19 situation (30 March 2020)
This message from UKVI states:
If any customer is in a particularly difficult situation and needs their application to be considered as a matter of priority, we would ask that this request, along with scanned recent, acceptable evidence of the circumstances and confirmation that the customer is able to travel i.e. confirmation from the airline or ferry company, is sent to traveldocumentenquiries@homeoffice.gov.uk.
Following this, if it is agreed that the case meets the criteria for being expedited and an application has not yet been submitted online, then the customer will need to complete an online application. If an application has already been submitted then the customer should not apply again as this is likely to cause confusion and may delay their application.
Asylum Decisions by email (30 March 2020)
In this message UKVI set out their process for serving asylum decisions by email
Changes to Asylum & Resettlement policy and practice in response to Covid-19
Refugee Council summary of changes to asylum and resettlement policy
Adam Pipe
No8 Chambers
19.4.20