Coronavirus Chaos – What to do if it affects your visa

With coronavirus (or Covid-19 as it has now been officially named) continuing to cause serious disruption to travel in and out of China, the government has released a set of guidelines. The government recognises that people who ordinarily reside in China but cannot return are not to blame and are not intentionally breaching the terms of their visa.

What should I do if my visa is expiring?

If your visa expires between 24/01/2020 and 30/03/2020 your visa will automatically be extended to 31/03/2020. You will not get a new document to confirm this but it will be recorded on UKVIs systems. You will be subject to the same immigration conditions as your last visa. If you are here on a work visa, you may continue to work for example. If you require a status letter or new BRP  to confirm this you can contact a dedicated coronavirus helpline.

This extension applies automatically to Chinese nationals, but if you are normally resident in China and can demonstrate this then you may also be able to contact the hotline for an extension, but this will not be applied automatically.

What should I do if I am switching visas but need to return to China to make an out of country application?

If you are switching into a Tier 2 Category which would ordinarily require you to return to China to apply, and your current visa has an expiry date between 24/01/2020 and 30/03/2020 you can apply to switch from within the UK. You still need to meet all other requirements and this is a temporary measure.

What should I do if my passport is stuck at a Visa Application Centre in China?

As the application centres are all currently closed in China, you may be able to apply for an emergency travel document if you are British and urgently need to travel. If it is not urgent, the government has promised to prioritise the return of documents as soon as the visa application centres are re-opened.

If you are Chinese or from a third country you should contact either Chinese authorities or your own consular representative in China.

Do I need to report it to the Home Office or withdraw sponsorship if my Tier 4, 2 or 5 employees or students are absent because of coronavirus?

If you are happy that the absence is due to coronavirus and you have authorised it you do not need to report this. You also do not need to withdraw sponsorship if your student is absent for more than 60 days or your employee is absent without pay for more than 4 weeks. The Home Office have indicated they will not take compliance actions against students or employees who are unable to attend because of coronavirus, or against sponsors for authorising these absences. The Home Office recognises exceptional circumstances beyond the control of either the sponsor or the employee/student.

If you have any further queries about how coronavirus might impact you, the government has also set up a free dedicated helpline at 0800 678 1767 and an email at [email protected].

For any other immigration queries, please contact us on 01403 801 801 or at [email protected]

The New Immigration System and How it Will Affect You

The New Immigration System and How it Will Affect You.

On the 19th of February the government released its plans for immigration from 2021. Find out what impact this could have on you, your business or your students. It should be noted that EU, EEA and Swiss citizens will all remain non-visa nationals, capable of entering for 6 months without a visa under the normal visitor rules.

Changes to the skills based system

Despite the government’s claims to reduce low-skilled migration, they will be lowering both the minimum general salary threshold as well as the minimum necessary RQF skill level. The new rules will apply equally to applicants applying from both inside and outside the EU, although not to EU residents already in the country who have settled or pre-settled status.

The minimum salary will be lowered to £25,600 from £30,000, with the potential to go down to £20,480 if the applicant has strengths awarding them points in other areas (for example working in a shortage occupation or having a relevant PhD). This appears to lead to an counter-intuitive scenario where the stronger the applicant, the less the sponsoring company is required to pay them. It will be interesting to see how the government reconciles this with their pledge to attract the ‘brightest and best’ and to reduce wage undercutting.

The minimum RQF level of the job will be lowered from RQF6 to RQF3, essentially meaning that the required difficulty level of the job to be offered has gone from one equivalent in experience and difficulty to a Bachelor’s degree, to one equivalent in experience and difficult to A-levels. While this does not cover unskilled entry positions, it is still a big shift in the required skill level in order to sponsor an overseas worker.

The Resident Labour Market Test will be abolished along with the cap on the number of people who are able to come to the UK on the skilled-worker route.

The Global Talent Scheme will be opened to EU, EEA and Swiss citizens, allowing highly-skilled scientists and researchers to come to the UK without a job offer. This will also be expanded to be more accessible to those with a background in STEM subjects, although more details on this are not yet available.

The Seasonal Agricultural Visa pilot scheme is due to be quadrupled (from 2,500 to 10,000) as the government recognises this sector is reliant on low-skilled temporary workers to function. This would allow farms to hire workers for a period of up to 6 months, and is intended to ease pressure on the agricultural sector during busy harvest months. There is no other current path for unskilled workers to enter the UK, which does little to reassure employers in other sectors heavily reliant on unskilled or low-paid workers, including care-work, hospitality and construction.

International Students and Graduates

This appears to be largely similar to its current form however there are a few differences. Most obviously the student routes will now be open to EU, EEA and Swiss citizens.

Secondly and perhaps most excitingly for those hoping to study in the UK and work here afterwards, a new immigration route will be opening in 2021. This will allow graduates who complete their degree from summer 2021 to stay for up to 2 years after the end of their degree to work or look for work. They can work at any RQF skill level during this period but if they wished to convert their visa to a skills-based visa at the end of the 2 years they would presumably need to secure a job offer meeting the minimum salary and RQF levels described above.

What should I do?

If you are an EU citizen in the UK, we strongly advise applying for the settled or pre-settled scheme as soon as possible to secure your right to live and work in the UK next year.

If you are an employer or educational institute considering sponsoring overseas workers or students in the future, we would advise applying for your sponsor license now. We can assist with this process, so call us on 01403 801 801 or emails us at [email protected] to arrange a consultation.

Becoming British – 6 Reasons to Take the Plunge

So you have indefinite leave to remain? 6 reasons why you should consider taking the citizenship plunge.

 

With the hurdle of indefinite leave to remain cleared it might seem tempting to consider yourself done with the difficulties of visa applications. There are, however, a number of good reasons which make it well worth the effort to take the final step and secure your immigration status as a British Citizen.

 

  • No need to worry about changing immigration laws.

With immigration law constantly changing and a climate of uncertainty around Brexit, British Citizenship can give you the security and peace of mind you need with a lifelong right to reside in the UK.

 

  • British Citizenship is for life, Indefinite Leave to Remain can be lost.

Indefinite leave to remain can be lost if you’re away for more than 2 years and it is at the discretion of the Home Office whether they choose to grant a returning resident visa. British Citizens can travel and live in other countries safe in the knowledge that they will always be able to return to the UK.

 

  • Benefit from visa free travel to more countries if your existing nationality does not provide this.

The British passport, at the time of writing, allows visa free travel to 184 countries and ranks 8th in terms of travel freedom. Depending on your existing nationality you may be able to visit many other countries much more easily. If anything should happen while you’re abroad, you can enjoy peace of mind knowing you will have access to hundreds of UK embassies and consulates all over the world.

 

  • Participate in elections and referendums

Only British Citizens are able to participate in elections and referendums. If you live in the UK you deserve a voice in important matters which directly affect you. Being on the electoral roll may also improve your credit. Unfortunately you cannot participate unless you have British Citizenship.

 

  • Wider array of jobs available in sensitive areas

Many sensitive jobs in both the public and private sector are only open to British Citizens. This includes the ability to stand for office if you’re interested in getting into politics. British Citizenship can open up a variety of new career opportunities!

 

  • Pass on your citizenship to your children.

Secure your children’s future in the UK by passing your citizenship to them. This guarantees them full access to all of the social and economic benefits associated with British Citizenship.

 

Anybody considering applying for citizenship or wondering if they are eligible should contact our team of experts for a consultation on 01403 801 801 or at [email protected]

No Automatic Deportation After Brexit

“No Automatic Deportation After Brexit”

This has been the latest revelation from Boris Johnson regarding the settlement of EU citizens in the UK after Brexit. On the face of it this seems like a very positive message to EU citizens concerned about their future in the UK after Brexit, but let’s examine what it really means for EU migrants and their employers.

 

Does this mean people who fail to apply for settled status by the deadline will be allowed to stay after all?

In short, unlikely. The government has indicated that in order to avoid deportation after missing the deadline, EU migrants must ‘give grounds for why it was not possible to apply in the timeline, if no valid reason is given then the valid immigration rules will be applied.’ It is not clear exactly what the government would regard as a ‘valid reason’ but it is likely to be a difficult threshold to meet given that applicants have got until 30 June 2021 to apply and they have been able to apply since 30th of March 2019.

This would suggest that an applicant would need to provide evidence of a compelling impediment to application which spanned over 2 years. It is unlikely many people would be able to satisfy this criteria. While the wording of ‘valid immigration rules will be applied’ deliberately avoids the term ‘removal’, it is clear that this may be the fate of those who fail to apply in time.

 

Can those who have not yet applied for settled status continue to work in the UK now we have left the EU?

Yes. While a survey by the grassroots organisation ‘the3million’ indicates that 1 in 10 EU citizens have already been asked to provide evidence of their settled status, this is not a legal requirement. EU citizens may continue to work without applying for settled status throughout the transition period. A lack of clarity in government communications has left employers and employees alike confused as to what their duties are, but until the end of the transition period, EU workers can continue to work, although they should still aim to complete the settlement application at their earliest convenience.

 

What kind of proof will people receive of their settled status?

Controversially, the government has elected to provide no physical documentation confirming the settled status of EU migrants. All records will be electronic which the government claims will “future-proof [applicants] rights and is linked to their passport or ID card, replacing physical documents which can get lost, stolen, damaged, tampered with and expire”. 90% of survey participants however indicated they feared discrimination without a form of physical evidence which can be shown to employers, banks or landlords, and would prefer a card.

Maike Bohn, co-founder of the3million has warned that the government is setting itself up for another Windrush crisis by failing to provide physical evidence which applicants may be able to later use to prove their right to live in the UK.

 

We will have to wait to see the full impact of the EU settled scheme, but as always, anybody concerned about their immigration status should contact us on 01403 801 801 or at [email protected] for a consultation.

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UK VISAS NO WIN NO FEE PROMISE

We provide a ‘No Win – No Fee’ guarantee for all points-based system visa applications unless expressly stated at the time of appointment. We will guarantee our service for these applications by offering a full refund on our fee should it be unsuccessful.

These guaranteed terms are conditional upon the client being able to demonstrate to the satisfaction of the Home Office that they have earned the income claimed or that they have the necessary funding in place for maintenance or are fully conversant with their business plan in the case of Tier 1 Entrepreneurs.

It also presumes that neither the applicant nor their dependants have previously come under scrutiny or been under investigation by the Home Office for any immigration matter. In order that we can do our job properly the necessary information and details required should be made available and they must genuine as well as accurate.