It is clear that we are living in challenging times at the moment - we are all learning how to maximise the flour in our cupboards to make pasta or teach our children basic calculus. Some may say that it would be a step too far to get the kids to do your annual tax return as homework but there is no better school than the school of life!
Putting all of those challenges aside, there may be more serious challenges in your life if you or a loved one is in the United Kingdom on some form of immigration visa. The purpose of this FAQ article is to provide you with some of the most relevant information, issued by the Home Office, with respect to individual visas taking into consideration the current COVID-19 circumstances. If you are a business owner, HR professional or sponsored worker then do also check out our "Corporate Immigration FAQ" post.
So, after reading approximately 150 pages of information here it is:
1. My visa is about to expire - what do I do? (UPDATED 27 MAY 2020)
It is highly recommended that you submit the appropriate application before your visa expires. That application could be an extension application or an application for Indefinite Leave to Remain (if those applications are part of your visa route).
If you are in the UK on a short-term visa (such as a visitor visa) which is due to expire between 24 January 2020 and 31 July 2020 then the Home Office guidance states that "your leave will be extended under existing conditions until 31 July 2020. You will not be regarded as an over-stayer or suffer any detriment in any future applications. However, you must make plans to leave as soon as you able to do so". In order to extend your visa, you will need to contact the Home Office Coronavirus Immigration Team ("CIT"). You can do so here (make sure to add link)
It is highly recommend that you seek immigration advice before submitting an application or extension request with the CIT - this is a new system which will no doubt be subject to changes. So if your application or request is refused you may find yourself in a difficult legal position.
2. How do I go about booking an appointment with the UKVI? (UPDATED 27 MAY 2020)
A brief search of the internet will lead you to the fact that all visa application centres within the UK are closed. This happened on 27 March 2020. To be clear, the UKVI are still open and making decisions on applications. It is simply the application centres which are closed.
The purpose of the application centres, for those who have not experienced them before, is to facilitate the collection of biometric information from applicants. As an applicant, you would normally book your appointment through the online portal, arrive at your appointment and then give your biometric information. You would also provide all of your original documents so that those can be scanned into the Home Office system (or the originals checked against any documents already scanned in).
With the visa centres closed, individuals cannot finalise their applications. This does not mean however that you can do nothing if your visa is about to expire. You can still submit your application online. You just cannot book or attend a biometric appointment at this time.
An announcement was made on 26 May 2020 that UK visa centres will start re-opening, in a phased manner, from 01 June 2020. Priority will be given to those who have submitted applications and had an appointment arranged but were unable to attend as a result of COVID-19.
3. I have an upcoming appeal hearing - what should I be doing?
Depending on the date and location of your appeal hearing, it is possible that it will be adjourned or postponed. The First-tier Tribunal has suspended face to face hearings until further notice. Those cases which are already listed will be receiving information about what the next steps will be. The Upper Tribunal is also operating in a similar manner. Those appeals that have been listed have been postponed although urgent judicial review applications are still being handled.
The Tribunals are looking at having remote hearings though there is some concern about how this would work in practice and whether the infrastructure is in place for it to happen. When more guidance has been issued, we will update this section.
4. I have a Travel Document which is about to expire - can I still apply to renew it?
The UKVI case-working teams are still in operation and so travel document applications are still being considered. However the coronavirus restrictions will be causing a back log of applications. UKVI are aware of this and so a process has been set up whereby urgent applications can be looked at.
5. If I want to be tested for COVID-19 would I have to pay for the cost of that treatment?
Most migrants in the United Kingdom will have paid an Immigration Healthcare Surcharge - this payment is a migrant's contribution to the NHS and therefore entitles the migrant to NHS treatment. However short-term visitors and those migrants who have fallen out of status would normally have to pay for NHS care. That being said, recent regulations have been passed so that "Wuhan novel coronavirus (2019-nCoV)" is now on the list of diseases for which there is no charge for NHS treatment. This is irrespective of the person's immigration status.
Government guidance for NHS England states:
This exemption from charge will apply to the diagnosis of the condition, even if the outcome is a negative result. It will also apply to any treatment provided for a suspected specified condition, up to the point that it is negatively diagnosed.
6. I am an EU national - what effect has COVID-19 had on the EU settlement scheme?
As an EU national you can still make your pre-settled or settled status application through the EU settlement scheme.
Unfortunately, COVID-19 has impacted the scheme in the sense that the telephone helpline is closed to enquiries. You can still send emails to the Settlement Resolution Centre and these are still being answered. COVID-19 has also resulted in a change to how documents can be sent to the Home Office - at this time, documents are no longer being accepted by post
7. I have applied to become a British citizen - what happens next?
If your application for citizenship has been approved - congratulations! The next step in that process (for most people) would be to attend a citizenship ceremony. This is organised and executed by your Local Authority and understandably ceremonies are being cancelled at this present time.
Normally you would have a very specific time limit within which you would have to book your citizenship ceremony. That time limit has been extended to six months (instead of the usual three months).
8. I am currently outside the UK. I was issued with a 30 day visa to allow me entry into the UK but I have been unable to travel. What should I do? (UPDATED 27 MAY 2020)
Normally in this situation, you would have to apply for replacement visa using a Transfer of Conditions application. The UKVI updated their guidance to confirm that a replacement visa can be obtained free of charge until the end of 2020. In order to obtain a replacement, you will need to contact the Home Office Coronavirus team with your name, nationality, date of birth and your GWF number. The Visa Application Centre will then contact you to arrange a replacement visa to be endorsed in your passport.
9. As part of my visa application I am required to pass an English language test and/or a Life in the UK test - can I still do so?
We are not aware of any English language test centres or Life in the UK test centres being open at this time.
If your visa is about to expire then you should submit your online application form (in order to preserve your immigration status). There are indications that the Home Office will still consider these applications (even if you are missing the Life in the UK or English language test) and that any grant of leave would be conditional on you then passing the required test when the test centres reopen.
10. I am in the UK as a visitor - I want to leave but am unable to do so and I am worried I will be breaching UK immigration law. Is that the case?
The guidance is very clear that those who:
- Are in the UK lawfully;
- With a visa that is about to expire (or has already expired); and
- Cannot leave the UK due to self-isolation or general COVID-19 restrictions
will not be regarded as an overstayer or suffer any detriment in the future.
If your right to remain in the UK expires (or expired) between 24 January 2020 and 31 May 2020 then you should contact the Coronavirus Immigration Team in order to receive an extension.
11. Can I still make a Subject Access Request in order to obtain a copy of my Home Office file?
Yes you can but you have to make the request by email and you will only receive data that is being held electronically. This means that you will only receive the Home Office database notes. You will not receive a full copy of your file (which would contain background documents or copies of previous applications).
Accurate as of 12 May 2020
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