One of the government departments that seems to have been least prepared for responding to the Covid-19 pandemic is the Home Office where the immigration system has been slow to react.
It started reasonably promisingly…
In mid-February, the Home Office issued guidance on cases for those from affected areas of China. It said reasonable things that one might expect in such a dire and unique situation like automatically extending visit visas for those unable to return to 31/03/2020.
Reasonable changes were made for employers and academics sponsors too. They would not need to inform the Home Office of illness related absences owing to the virus in order to allow for self-isolation or recovery when needed.
And then, for almost a month, nothing happened. Nothing.
Then finally, in the evening of 24/03/2020, new guidance was finally issued. This was incredibly brief but, for many, will be reassuring.
So, what’s the newest development?
For anyone whose leave expires between 24/01/2020 - 31/05/2020 and has been unable to leave the UK, you can apply to the Home Office to extend your leave until the end of May.
It must be clarified, requests must be made to the Home Office. They will not automatically do this for you. The onus is on those affected to get in touch with them.
If you think you might be affected, contacting them sooner rather than later would be best.
If you are worried about your immigration status, contact us and we may be able to help.
What do I need to do?
You need to email the Coronavirus Immigration Team at CIH@homeoffice.gov.uk with the following information:
- your full name (include any middle names)
- date of birth (dd/mm/yyyy)
- nationality
- your previous visa reference number
- why you can’t go back to your home country, for example if the border has closed
There is no guarantee that an application will be accepted and, regardless, no new documents will be issued.
The Home Office will simply update their internal records and then contact you to confirm the extension.
One would expect all reasonable requests to be accepted, such as where there are no flights, closed borders or if you are self-isolating. Still there is a real risk that if such a request is made and the Home Office do not grant further leave, that people could inadvertently become overstayers.
What are the challenges?
The policy, whilst promising, is a little overly simplistic and clarification is required.
The new guidance also confirms that those on short-term visas where, in order to extend leave, they would need to depart the UK to make a new application for a longer-term document, no longer need to do so.
There is no confirmation as to which visas this applies. The biggest question here is whether this applies to visitors as well as those, for example, on short-term study or Tier 5 visas.
There are other concerns too.
What does this mean for people who have been detained?
Detention centres have also been affected and there are reports of cases in three centres, one of which is now on lockdown.
The law is abundantly clear - if someone cannot be removed from the UK in the vey immediate future, they must not be detained (please note that foreign offenders have a different regime, this is for those who do not have criminal offences but are not lawfully present).
At present, removals are not going ahead.
There is no justification for ongoing detention for those who are not on lockdown, who are well, and who could be returned to their homes and support mechanisms rather than remaining institutionalised and at risk of infection.
If you are worried about your immigration status, impending deadlines or overstaying, our team are working normally and ready to take your call. We will do our best to reassure and advise.
If you would like to speak to someone, we have a team of experienced advisers who are able to help. To speak with a member of our team please call us, request a callback at your convenience, message us your enquiry or email enquiry@broudiejacksoncanter.co.uk.