Second Lockdown: Impact on UK immigration
On Sunday 1st November 2020, the UK Government announced that England will be entering into a second lockdown. This article will highlight the effect a lockdown will have on UK immigration and how a lockdown is advantageous for certain applicants.
The second lockdown will cause significantly less disruption to the UK’s immigration system than the first lockdown in March 2020. The Courts and Tribunals will remain open, the Home Office’s support centres are operating as usual with biometric enrolment appointments going ahead as normal.
A second lockdown will inevitably cause travel disruption, therefore the Home Office have put in place an exceptional assurance scheme so that migrants affected by travel disruption do not become overstayers. If your UK visa expires between 1st November and 30th November 2020 but you are unable to leave before your visa expires, you can apply for exceptional assurance. The application is free of charge and can be done by submitting an online form. Exceptional assurance is not leave to remain, it is a short-term protection from any adverse action or consequences after your leave has expired. The conditions of your leave to remain will continue during your period of exceptional assurance.
Reasons to submit an application for leave to remain now and not delay
(i) Switch visa category within the UK
Due to the coronavirus pandemic, the Home Office are allowing people to switch to a different visa category from within the UK. Normally, if applicants wanted to change their visa category, they would need to travel to their home country and make an out of country application. Migrants should take advantage of this temporary relaxation of the immigration rules. For instance, persons in the UK on a visit visa are allowed to apply in-country for a UK student visa or Tier 2 General work visa.
(ii) Relaxation of rules for Students and Workers
Due to the COVID-19 pandemic, the Home Office is allowing applicants for Tier 4 Student visas to start their course of studies in the UK before their visa application has been decided if (a) your sponsor is a Student sponsor, (b) you have been given a confirmation of acceptance for studies, (c) you submitted your application before your current visa expired and you show your sponsor evidence of this, (d) the course you start is the same as the one listed on your CAS and (e) you have a valid Academic Technology Approval Scheme certificate if required.
Similarly, people who have applied for a Tier 2 (General) work visa or a Tier 5 visa can start working in the UK before their visa application has been decided, if certain conditions are met. The conditions include, but are not limited to, being assigned a Certificate of Sponsorship and submitting your visa application before your leave to remain expired. This is a temporary concession, only introduced due to the pandemic and backlog Home Office is experiencing.
(iii) Reduced risk of detention
If you have overstayed your visa, now is an ideal time to regularise your stay in the UK. This is since the risk of being detained has reduced as the UK Home Office appears to be less inclined to detain migrants, many detainees are being released from Immigration Removal Centres and reporting conditions have been suspended for many migrants. Further, given the backlog of cases, your application for leave to remain may be pending for a longer period, which will in turn increase your length of time in the UK.
Social distancing and your legal matters
At Aschfords Law we understand that it is important to keep yourself safe and follow the UK Government advice regarding social distancing. The Immigration Team at Aschfords Law can assist you with preparing and submitting an immigration application in the UK in a manner which respects the Government’s guidance on social distancing. We are able to hold consultations over the phone or via video conferencing.
Who can I contact for legal advice?
If you need a U.K. immigration lawyer and need assistance with any aspect of U.K. immigration law whether from inside the U.K. or from overseas, contact Aschfords Law in Harrow, London. We have experience in offering specialist advice in respect of all U.K. immigration matters and have insight to make the process as smooth as possible. We also provide legal advice and assistance in respect to Wills & Probate, Divorce, Matters related to Children, Litigation, Landlord and Tenant.
Please contact us today on: +44 (0) 7582932830, 020 3002 9147