Coronavirus and Your Immigration Status - FAQs
The government has announced new measures for individuals whose immigration status is affected by the coronavirus (COVID-19) outbreak.
The announcement - published on 24 March 2020 and updated on 26 May 2020 - provides some comfort to individuals whose visas have, or will shortly be, expired and are unable to leave the UK because of travel restrictions or because they are self-isolating.
While these measures provide a welcome update to the previous guidance updated almost a month previously, individuals, their employers and sponsors will still have many questions which remain unanswered.
Frequently Asked Questions
- What has the government done?
- What do I have to do if my visa is about to expire?
- I was planning to leave the UK to apply for a visa in a different immigration category but cannot do this because of the travel restrictions. What can I do?
- I have to attend an appointment at a UK Visa Application Centre but it is closed. What can I do?
- I am studying in the UK under Tier 4 but my university has closed. They have offered distance learning, can I do this?
- I have been issued with my Tier 4 visa but cannot travel to the UK due to the restrictions, what can I do?
- I have been offered a place to study in the UK but I have not yet applied for my visa. What should I do?
- I am working in the UK under Tier 2, my employer has told me I have to work from home. How can I do this without breaching my conditions of stay in the UK which includes working at my employer's address?
- I've applied for a Tier 2 visa in the UK and I am waiting for a decision on my application
- I have a Tier 1 Entrepreneur visa and my business has been affected by coronavirus (COVID-19). Are there any temporary exemptions in this category?
What has the government done?
Individuals who are in the UK whose leave expires or has expired between 24 January 2020 and 31 July 2020 and are unable to leave the UK because of travel restrictions or self-isolation related to coronavirus can contact the Home Office's Coronavirus Immigration Team to have their visa extended to 31 July 2020. (If you have already had your visa extended to 31 May 2020 your visa will be extended automatically to 31 July 2020.
Individuals who were planning to stay in the UK in the long-term will - until 31 July - be permitted to apply from the UK to switch to a longer-term visa. This includes applications where the individual would normally need to return to their home country to apply.
What do I have to do if my visa is about to expire?
As stated above, your visa will be extended to 31 July 2020 if you cannot leave the UK because of the travel restrictions but you must contact the Coronavirus Immigration Team email to advise them of your situation.
The Coronavirus Immigration Team contact email is: CIH@homeoffice.go.uk
You should include the following information in your e-mail:
- Full name (include any middle names
- Your date of birth (dd/mm/yyyy)
- Nationality
- Existing visa details
- Reason that has required you to extend your stay (for example, the suspension of all flights to your place of permanent residence
You can also telephone on 0800 678 1767 (Monday to Friday 9am to 5pm). Calls are free of charge.
However it is advisable to email in the first instance as clients have told us they have tried phoning and have been kept on hold for up to 3 hours.
I was planning to leave the UK to apply for a visa in a different immigration category but cannot do this because of the travel restrictions. What can I do?
If you are in the UK in an immigration category that does not normally allow you to switch to another category you will now be able to switch and apply while you are in the UK. Under normal circumstances you would have had to return to your permanent place of residence to apply for entry clearance before returning to the UK.
You must be applying to be switching from or to a published eligible route, you will need to meet the usual visa requirements and pay the relevant application fee. You have until 31 July to submit the switching application.
I have to attend an appointment at a UK Visa Application Centre but it is closed, what can I do?
You will not be regarded as an 'overstayer' or be subject to enforcement action if you are unable to attend a biometric appointment due to the coronavirus or if there are delays in processing your application. Some UK Visa and Citizenship Application Centres (UKVCAS) will reopen for existing customers on 1 June 2020 as follows: Birmingham, Birmingham Premium Lounge, Chelmsford, Croydon, Exeter, Leeds, London Mark Lane Premium Lounge, London Victoria, Manchester Fountain Street Enhanced Service Point, Manchester Premium Lounge, Sheffiled and Southampton.
The Home Office advise you to check www.ukvcas.co.uk for up to date advice on UK Visa and Citizenship Application Centres.
I am studying in the UK under Tier 4 but my university has closed. They have offered distance learning, can I do this?
Tier 4 Sponsors can offer distance learning to existing Tier 4 students in the UK or who have chosen to return overseas but wish to continue their current studies. Tier 4 sponsors do not need to withdraw sponsorship in these circumstances.
I have been issued with my Tier 4 visa but cannot travel to the UK due to the restrictions, what can I do?
New international students who have been issued a Tier 4 visa but have been unable to travel to the UK are permitted to undertake distance learning and their sponsorship does not need to be withdrawn.
I have been offered a place to study in the UK but I have not yet applied for my visa. What should I do?
New international students who have not yet applied for a visa but wish to start a course by distance learning do not need to travel to the UK to do so and therefore do not require sponsorship under Tier 4.
I am working in the UK under Tier 2, my employer has told me I have to work from home. How can I do this without breaching my conditions of stay in the UK which includes working at my employer's address?
The Home Office is aware that many workers sponsored under Tiers 2 and 5 are now working from home rather than their normal workplace due to the coronavirus pandemic. Tiers 2 and 5 sponsors are normally required to notify the Home Office of such changes of circumstances. However due to the current exceptional situation the Home Office will not require sponsors to do so if the working from home is directly related to the pandemic.
I've applied for a Tier 2 visa in the UK and I am waiting for a decision on my application
You can start work before your visa application has been decided if:
- You have been assigned a Certificate of Sponsorship (CoS)
- You submitted your application before your current visa expired and you show your sponsor evidence of this
- The job you start is the one listed on your CoS
If your application is eventually rejected as invalid or refused your sponsor will stop sponsoring you and you must stop working for them.
You no longer need to employ at least 2 people for 12 consecutive months. The 12 month period you are required to employ someone for can be made up of multiple jobs across different months. Time when your employees were furloughed will not count towards the 12 month period.
If you have not been able to employ staff for 12 months by the time your visa expires, you will be allowed to temporarily extend your stay to give you 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 coronavirus (COVID-19).
The above arrangements apply until 31 July 2020 by which date they will be reviewed.
If you, your employees' or students' immigration status is affected by the Covid-19 pandemic please contact any meber of our our Immigration Law team or complete the form below.