COVID-19 and how it affects your UK immigration status
Regarding your immigration status, unfortunately, we do not have all the answers, as we are awaiting confirmation from the Home Office on specific issues. We are doing our utmost to source information daily from UK Government departments and professional bodies. We want to assure our clients and readers that we will inform them via social media and our website of new developments.
Fortunately, we do have official confirmation on some pressing issues.
EU Settlement Scheme
The EU Settlement Scheme is still open. Persons are still able to apply for settled or pre-settled status. You do not need to be physically present to submit biometric information.
The EU Resolution centre is closed, and you will not be able to contact them. However, the Home Office has confirmed that they are still processing all applications submitted under the EU Settlement Scheme.
The Home Office said that there is a delay in the processing of applications. However, Breytenbachs are currently receiving approvals within five working days.
If you need assistance with your EU Settlement application, Breytenbachs will be able to assist you with your application via Skype and email. You can contact us at info@bic-immigration.com
Cancellation of visa appointments
We have a number of clients whose visa appointments were cancelled by the visa centres. The Home Office has confirmed that your immigration status in the UK will not change as a result of you not being able to attend an appointment. If you have already booked an appointment, the appointment will likely be rescheduled at a later stage.
In cases where a visa application has already been submitted, we believe from communication for the UK Visa application centres, that all applications have been placed on hold. We have been assured that clients should not be concerned that there is something wrong with their application. As soon as the VACs re-open, they will start processing applications again.
Indefinite Leave to Remain and absences from the UK
Breytenbachs have some clients on UK visas who are stuck abroad, and not able to return to work in the UK, due to travel restrictions. These clients are concerned about the impact on their future Indefinite Leave to Remain application. We are advising as follows;
The UK Visa rules state that to apply for Indefinite Leave to Remain, you cannot spend more than 180 days outside the UK in any 12-month period. The Home Office is very strict about enforcing this rule. However, they are lenient in their consideration if the applicant can provide evidence of serious or compelling reasons. There are currently no guidelines from the Home Office that the COVID-19 pandemic will qualify as a serious or compelling reason. Still, we believe that they will eventually specifically include this.
We recommend that clients keep evidence of their inability to fly to the UK. This evidence can, for example, be in the form of communication from the employer agreeing that you work remotely till the travel restrictions are lifted.
NHS treatment for overstayers and visitors stuck in the UK
There are several visitors who are stuck in the UK due to travel restrictions who are concerned about what will happen if they need medical treatment for COVID-19. The same applies to over-stayers.
Fortunately, the UK government has passed regulations to add the COVID-19 to the list of diseases for which no charge is to be made for NHS treatment, regardless of a person’s immigration status.
Short-term visitors and those in the UK without lawful status will be able to use the NHS for treatment, and will not be charged for it. Even if you have to go for a COVID-19 test, and it is negative, the NHS will not charge you.
For more answers to your FAQ on COVID-19 and your UK immigration status, please check our website at https://bic-immigration.com/immigration-news/faq-covid-19/
To arrange a consultation with Breytenbachs to discuss your immigration matter, please contact us at info@bic-immigration.com or visit our website at www.bic-immigration.com You are also welcome to fill out the form below.
Please note that the information in this article does not constitute professional advice. It is provided for general information purposes, without giving any warranty of any kind, either expressed or implied.
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