The Coronavirus outbreak is a rapidly changing event and immigration policies have been introduced to prevent the adverse impact of the pandemic.
Those on temporary visas which expire between January 1, 2021 and February 28, 2021 who have not been able to leave the United Kingdom can ask for extra time.This is called 'exceptional assurance' and is not a grant of leave.
Where visa centres are closed,foreign nationals can apply online and select a visa application centre in any country worldwide to submit any type of application and biometrics. This concession is extended until March 31, 2021.
Visa Concession Scheme
Those who had leave to remain and left the United Kingdom before March 17, 2020 with the intention of returning but wereunable to do so before the expiry of their leave can apply online until March 31, 2021 to enter under a Visa Concession Scheme. It will enable a person to travel without a visa for 3 months leave outside the Immigration Rules (LOTR) on the same conditions as their previous grant of leave and apply before the expiry of leave.The routes eligible for this concession are those where, if the person was in the UK with their previous leave, they would be able to apply for leave to remain.
Continuous residence
The Home Office have also stated that where the regulations contain a “continuous residence” requirement, an absence for Covid related issues will not count as a break in residence. This is particularly important for those with Indefinite leave who do not return to the UK within the 2 year period that is normally required.
Workers
Applicants currently in the United Kingdom can work while their application is pending if they have been assigned a Certificate of Sponsorship (CoS) before January 1, 2021.Applicants who qualify include those who have applied for a Skilled Worker visa, a Health and Care Worker visa, Intra-company Transfer visa, T2and T5 Worker visas.
If an applicant's CoS is assigned from January 1, 2021 and they are not applying under the Health and Care visa, they must wait until their visa application has been granted before starting work.
Employers
Employers in the United Kingdom can complete a right to work check through video call without having the employee's original documentation.
Employers of Tier 2 or Tier 5 workers can reduce their salaries to the amounts payable under the Job Retention Scheme ie 80% of the normal salary, or GBP 2,500 per month, whichever is lower. This includes cases where the result would be that the salary would fall below the normal minimum for that occupation. Where there is a loss of income until 1 January 2021, the Home Office will consider employment income for the period immediately before this.
Healthcare visas
Eligible healthcare workers with visas expiring between October 1, 2020 and March 31, 2021 can apply for a one-year visa extension free of charge. Individuals changing employer, or with visas expiring after March 31, 2021, are not eligible.
The deadline for pre-registration nurses and midwives on the NMC’s temporary register to sit the Occupational Structured Clinical Examination (OSCE) has been extended to 30 September 2021. If they do not pass on the first attempt, they will have until 31 December 2021 to pass the exam. Sponsors can continue sponsoringthem if they have not sat their first attempt at the OSCE within 3 months and achieved full registration within 8 months.
Students
Students with work rights whose sponsor suspends all study on their course as a result of the pandemic will be considered to be in vacation time and so will be permitted to work full-time during this period.
A student who is receiving tuition by distance learning will be considered to be within term-time and will be limited to the term-time work hours stated on their visa.
The new Graduate route is scheduled to be launched in summer 2021. If students are required to either continue their current studies or commence a new course by distance or blended learning due to Covid-19, theycan switch into the Graduate route on a concessionary basis if they have spent time studying outside the UK. They must enter the UK on or before 6 April 2021 and complete the final semester of their studies in the UK. Students starting the Masters programme in January 2021 will benefit from this concession if they enter the UK before 27 September 2021 and complete the final semester of their studies in the UK.
The changes that are introduced are temporary measures and will change. It is vitally important for all those affected by the pandemic to keep careful records.Although currently all hands are on deck to help, those affected, months and years from now, may need to prove what happened during this time.
