Applicants who have successfully applied for a UK visa from overseas but are now unable to travel to the UK.
This is perhaps the most pressing concern for a lot of overseas applicants. Once being granted a visa, an applicant must enter the UK before their entry clearance vignette expires. While this can be extended, it can only be extended for a further month, and the process is not free. There is no guarantee that travel conditions will be any better in a month which could result in wasted money, and besides, PBS applicants may also be tied to the work start date on their CoS.
The Home Office needs to allow extension of work start dates for overseas applicants until the end of the year as well as make allowances for applicants to enter the UK using entry vignettes which have expired but were acquired during the COVID-19 crisis. Vignettes issued until the end of the COVID-19 crisis could benefit from being granted for a longer period to allow entry into the UK where possible. The current uncertainty for overseas applicants and sponsoring companies, both who have made significant financial investments into the visa, is not sustainable and we hope will be addressed in future updates.
We advise any individuals stranded overseas to take a printout/screenshot of the FCO travel guidance for the country to have as proof when it is time to apply for ILR or BC applications.
Visa-holders who are unable to collect their BRPs from post-offices or register with the police due to self-isolation.
Currently, individuals have a 10 day from arrival or before the expiry of the temporary vignette in which to collect their BRP from the post-office after arriving in the UK. With many people coming into the UK required to self-isolate for 14 days after arrival, it is not possible for them to obey government guidelines on social-distancing as well as collect their BRP within 10 days.
This problem could be overcome by either extending the window in which individuals must collect the BRP or allowing another individual to collect the BRP on the visa holder’s behalf, for example, their legal representative. Similar extensions could be applied to registering with the police which must normally be done within 7 days.
Visa-holders who are stranded overseas for a period which may invalidate their application for ILR or British Citizenship
Current eligibility requirements for ILR or British Citizenship specify the applicant has not spent more than a certain period (ordinarily 6 months out of every year) out of the UK. This could present problems for those stranded abroad who have exceeded this six-month limit. This is particularly relevant for those hoping to apply for ILR after 5 years on Tier 2 (General) visa, who are unable to renew their tier 2 visa beyond 6 years to clear the period of lengthy absence from their record.
The Home Office should recognise the COVID-19 crisis as an exceptional circumstance and absences from the UK relating to the crisis should not count against an applicant where they can evidence that they were not able to return to the UK due to circumstances beyond their control.
Applicants who require IELTS or Life in the UK to make their application
For some individuals, the next step in their visa process comes with added academic requirements. Applicants for spouse visa extensions are required to show their English has improved and must sit A2 if they previously relied on A1 for their first visa. Applicants hoping to achieve ILR must pass the Life in the UK test. As test centres for both these tests are now closed, those whose visas are running out are left wondering whether they should submit their application without these qualifications, which would ordinarily render it unsuccessful, or risk overstaying until the centres re-enter.
The Home Office should clarify whether applicants applying in-country for an extension may also be able to extend their visas until 31/05/2020 to sit their tests, or whether applications will still be considered valid without sitting the tests given the exceptional circumstances
If you have any Coronavirus related issues with your visa, or any issues you feel have not been addressed by the Home Office, please get in touch at [email protected] or on 01403 801 801 for a consultation.