UK Immigration Guide to COVID-19
Here’s our quick round up of key changes to the UK immigration landscape in light of COVID-19:
Anyone whose leave has or will expire between 24 January and 31 July 2020 and who cannot leave the country because of travel restrictions or self-isolation will have their leave extended until 31 July 2020. This is not an automatic extension and those affected must submit an online report to have their records updated. Please note that anyone who previously submitted a report to have their leave extended to 31 May 2020 does not need to submit a second report (the further extension to 31 July 2020 should be automatic).
Until 31 July 2020, it is possible to switch to a long-term visa from within the UK where it would usually be necessary to return to one's home country to submit the application.
Some front-line NHS workers and their family members in the UK with visas due to expire before 1 October 2020 will get an automatic extension for one year, which will be free of charge. The NHS worker's employer must update UK Visas & Immigration (UKVI).
Bereaved family members of any NHS worker who has died as a result of Coronavirus will receive immediate Indefinite Leave to Remain, free of charge. UKVI should contact employers to identify those eligible.
Right to Work (RTW) checks for UK employers are being relaxed by removing the requirement for an employee or candidate to submit their original right to work documentation as employers can now conduct these checks via video conferencing. However, if relying on this method a further RTW check must be conducted in the usual prescribed manner within eight weeks of the end of the current arrangements. In such unsettling times, this is another burden for already stretched HR professionals and we recommend ensuring employers are compliant in all other ways aside from the original documentation. Companies should use the Employer Checking Service if a prospective or existing employee cannot provide any of the accepted documents.
Similar flexibility is permitted for landlords carrying out Right to Rent checks with video conferencing permitted provided a further check is done within eight weeks of the end of the current arrangements.
The Home Office updated the guidance for endorsing bodies under the Start-up and Innovator visa categories to allow endorsing bodies to delay the endorsement process in light of COVID-19 and recommending that ‘check-ins’ should be conducted via telephone or video conferencing.
On 27 March 2020, all visa and citizenship appointments within the UK were suspended for the foreseeable future. Meanwhile, the majority of Visa Application Centres around the world are closed or have limited services. In spite of this, we recommend preparing your application as much as possible so that we can get ahead of the backlog when a “new normal” resumes.
Tier 2 Sponsored Workers:
Absences – the Home Office will not take enforcement action against sponsors for continuing to sponsor employees despite absences due to Coronavirus, including absences due to illness, the need to isolate or the inability to travel due to restrictions. These absences also do not need to be reported on the Sponsorship Management System (SMS), and sponsorship does not need to be withdrawn even if the employee is absent from work without pay for more than four weeks.
Salary Reductions – a sponsored migrant’s salary may be temporarily reduced to 80% of their salary or £2,500 per month (whichever is lower), as long as the reduction is part of a company-wide policy to avoid redundancies and in which all workers are treated the same. The reduction must be temporary, and the migrant’s pay must return to at least previous levels once the arrangements come to an end. The Home Office’s guidance is not clear as to whether such a salary reduction must be reported on the SMS, however best practice may be to make the required report followed by another report once the salary returns to normal. We also recommend retaining documentary evidence of the changes and related justification(s) on the migrant’s HR file.
Certificate of Sponsorship (CoS) Validity Dates – the Home Office has confirmed they will consider applications on a case by case basis where a CoS has become invalid because the employee was not able to submit an entry clearance application due to COVID-19. We are waiting on further details but this suggests that an entry clearance application may be permitted beyond the normal three month period prior to the assignment date and that migrants can start work later than the usual 28 days following approval of their visa or CoS start date if the delay is caused by current COVID-19 issues.
Working from Home – employers do not need to update the Home Office of any sponsored workers now working from home due to COVID-19. Other changes to their working arrangements must still be reported as usual.
Pending Visa Application - Tier 2 sponsors may allow an employee to start their role while their visa application is still pending provided: (1) the sponsor has assigned a CoS to them; (2) the individual's application was submitted before their current visa expired - we understand this to refer to submission of the online application form; and (3) the role they are employed in is the same as the role detailed on their CoS. Tier 2 reporting responsibilities start from the date the CoS was assigned, and all relevant information must be stored on the employee's personnel file (as it is not possible to report information on the SMS until the application has been decided). Any changes which may impact the ultimate visa decision should be updated on the CoS, and if the application is ultimately refused or rejected the individual's employment must be immediately terminated.
Tier 1 (Entrepreneur) extensions will also benefit from a relaxing of the two full time employees for a consecutive 12 month period requirement as entrepreneurs can now amalgamate multiple members of their team in order to satisfy this rule although they cannot use any time an employee is furloughed.
We hope you’re staying safe and well. Of course this is an extremely fluid situation so we’re here to help you keep up to date - please do get in touch if you need assistance. We are happy to offer complimentary UK immigration advice to individuals and companies affected by COVID-19.