Due to the COVID-19, there has been changes and updates on the immigration law and practice. Here are the list of summaries updated on the 29 July by the UKVI. 

 

1.    Automatic visa extension in the UK 

 

If a visa holder had a visa that expired between 24th January 2020 and 31st July 2020, they could request for an extension if they were not able to return home because of travel restrictions or self-isolation related to coronavirus (COVID-19).

 

 
Now travel restrictions are lifting globally and they will no longer be able to extend their visa automatically. They are expected to take all reasonable steps to leave the UK where it is possible to do so or apply to regularise their stay in the UK.
 
There will however be a “grace period”. People who have previously had their visas extended under the coronavirus concession have until 31 August to leave. Guidance says that “You do not need to contact the Home Office to tell us you are able to leave the UK during the grace period up until 31st of August”.
 
Visa extension process works normally. Individuals will need to be switching from/to a published eligible route and will need to meet the same visa requirements and pay the same application fee. There may be delays in process due to COVID-19, however the terms of their leave will remain the same until the decision is made.  


2.    NHS workers

Some NHS workers and their families, however, are to get one-year extension “automatically”. The Home Office announced on 31st of March that around 2,800 doctors, nurses and paramedics with leave due to expire by 1st October would get a free one-year extension for each individual and their family members. 

On 29th April, the department announced that the scheme was extending to cover other frontline workers including midwives, radiographers, social workers and pharmacists with visas due to expire before 1st October.
 
Family members of NHS workers who died from COVID-19 can get indefinite leave to remain for free. On 20th May, the Home Secretary said that this scheme was being extended to cover for “NHS support staff & social care workers” as well.


3.    Biometric Registration Centres

Individuals will not be regarded as an over-stayer or be subjected to enforcement action if they are unable to attend a biometric appointment due to COVID-19 or if there are delays in processing their application.

If an applicant has already made an appointment to attend UKVCAS service point, or Service and Support Centre (SSC), the applicant will be contacted and told what to do next. The Home Office is no longer insisting that applicants provide a fresh set of fingerprints every time they extend their leave. If previous fingerprints can be reused, applicants can send in a photo along with supporting documents. Where applicable, “this will mean you do not have to attend a UKVCAS or an SSC service point appointment to provide biometric information”.


4.    Spouse visa and minimum income

The Home Office will consider employment income for the period immediately before the loss of income, if the applicant or partner was affected by loss of income from COVID-19. They will take account the income as though they’re earning 100% of their salary, if the salary has reduced because the applicant or partner is furloughed. For self-employers, a loss of annual income due to coronavirus between 1 March 2020 and 31 July 2020 will generally be disregarded, along with the impact on employment income from the same period for future applications.


5.    Student Visas

The Home Office released a separate guidance document regarding COVID-19 and student visas. It covers a number of temporary immigration concessions for those on student visas which “will be withdrawn once the situation returns to normal”.

The section of the document covers permission of distance learning, extending a Tier 4 visa in line with students who need to repeat a year, retake a module, or re-sit an exam.

These concessions are reiterated in another Home Office guidance for sponsor with no need to report students for missing expected contact points. Education sponsors do not need to report student absences affected by COVID-19.

The Home Office will take pragmatic approach to considering applications of study courses with significantly different start dates to those stated on CAS or expired CAS”. Moreover, the Home Office will temporarily allow higher education providers with a track record of compliance and they will be able to self-assess students as having a B1 level of English”.

The graduate route which allow students to work after BA or MA course are still scheduled to be launched in the summer 2021.


6.    Licensed Tier 2, Tier 4 or Tier 5 sponsors: absences due to coronavirus

Some Tier 4 students or Tier 2&5 employees may be affected from attending their studies or employment due to COVID-19. Sponsors do not need to report student or employee absences related to COVID-19. Previously, sponsors can withdraw sponsorship if they consider there are exceptional circumstances where:
 


It is sponsors’ decision to withdraw students from their studies or terminate employment. However, the Home Office recognises current exceptional condition and will not take any compliance action against students or employees affected by the coronavirus outbreak. The Home Office will not record sponsors’ authorisation for absences occurred through work-at-home or furlough scheme, and continue to sponsor students or employees during affected periods of the COVID-19.