Last night we FINALLY received some guidance from UKVI regarding what action migrants in the UK should take with respect to their status and how it is impacted by #COVID19. Let's take a look at the finer details... (Thread 1/)
Firstly, there's 2 separate sources for this information, a 'news story' under the 'family visas' section of the UKVI website, and then also 'guidance' in the 'visas and entry clearance' section. Let's look at the news story first... (2/)
What is announced is an extension for existing migrants in the UK. That extension is available to those "who cannot return home due to the COVID-19 pandemic", which indicates people who are either sick/self-isolating or have no flights - it's not a matter of choice. (3/)
The extension applies "to anyone whose leave expired after the 24 January" and will last until 31 May. The prospect of further extensions if needed is acknowledged. (4/)
The important bit: THE EXTENSION IS NOT AUTOMATIC. Affected individuals need to contact UKVI at the "dedicated COVID-19 immigration team" to register: CIH@homeoffice.gov.uk (5/)
In addition, there is an expansion to the in-country switching provisions allowing migrants who would normally need to go home to apply for a new visa in a different category to make that application from inside the UK (5/)
This is actually a very useful step. There is no indication of any restriction to that expansion, but unhelpfully the new story gives an example that is permitted in-country anyway (students switching to workers) (6/)
There is a general warning on delayed processing times, which is to be expected. No mention of planned closures of biometric enrolement centres, which still just seems bonkers in the current circumstances (7/)
There is reference to a desire not to make people overstayers as a result of all this, which frankly seems at odds with the fact that the extension is not automatic. There is also general reference to waiving some requirements for sponsors (eg need to report home working) (8/)
Now let's look at the 'guidance' and see if it adds anything of value... (9/)
Clearer information here about contacting the new Coronavirus Immigration Team (different name, classic) and the information to provide. This is basic personal data and details of current status and documents. (10/)
Better information here re switching, too. It confirms that applicants need to meet standard visa requirements - might be tricky for some with the closure of some English language testing centres. Note that anyone extended to 31 May can also use this new switching power (11/)
Also some guidance for out of country applicants, for example highlighting that border restrictions might mean that passports and vignettes may not be able to be sent at this time (12/)
Also a number for the Coronavirus Immigration Help Centre: 0800 678 1767 (13/)
That's it for guidance. Definitely an improvement from the previous useless 'policy', but I have to say more specific guidance for employer sponsors would be welcome - there will be sponsors who are concerned about furloughing sponsored staff, for example. (14/)
If you'd like to discuss your circumstances with an immigration expert, call Latitude Law! We're offering telephone, Zoom, and Skype consultations. 0161 234 6800. Other than that, stay safe and #StayHome, everyone! (End)
Already some extra updates! 1. Home Office has now confirmed that reporting requirements are temporarily deferred. 2. If a biometric appointment cannot be attended due to Covid-19, the individual will not be regarded as an overstayer.
3. Powers for Tier 4 sponsors of students to offer distance learning while students are unable to attend lessons. 4. Employers don't need to report a worker working from home, but do need to report "other changes". Still no word on issues such as furlough, however.
