How we can help you, the lawyers of the Legal Centre - www.legalcentre.org How we can help you, the lawyers of the Legal Centre - www.legalcentre.org

Coronavirus - ситуация с визами - новости

2

Комментарии

  • Хорошие новости - Несмотря на COVID19 Home Office продолжает рассмотрение иммиграционных заявлений и высылку новых BRP клиентам.
    Получено сегодня, 1 Мая 2020:

    UK_BA_FLRM_Email_01_May_2020.JPG
  • Не всегда бывают приятные новости.

    Вот, клиент только что получил Email из Sopra Steria о том, что его (уже ранее перенесенный) biometric appointment (заявление AN, натурализация), снова откладывается.

    Я успел подать заявление этого клиента, взять ему слот на сдачу биометрики и загрузить его документы в марте. Но (еще в марте) буквально за 1 день до сдачи биометрики клиент получил Email из Sopra Steria о том, что его биометрический слот переносится на начало мая 2020.

    Учитывая, что Life in the UK тесты переносятся сейчас на конец июня 2020, похоже, что в мае 2020 биометрика (Sopra Steria) может не заработать.

    Вот такие "полярные" новости сегодня.

    SS_May_01_2020_s.jpg
  • Важная информация для искателей убежища в Великобритании во время COVID19

    Asylum - Intake and interviews

    The Home Office has decided to “pause face to face substantive asylum interviews for now”, according to correspondence from the Asylum Operations team. All interviews scheduled from 19 March onward are cancelled.

    Some initial screening interviews are also being cancelled.

    Registering an initial asylum claim must still be done in person, but no longer has to be at Lunar House in Croydon. The Home Office announced on 22 April that “the AIU in Croydon will continue to function as normal but will additionally be supported by limited operations in Glasgow, Belfast, Liverpool, Leeds, Solihull and Cardiff”.

    Asylum seekers in Great Britain can make an appointment to register their asylum claim by calling 0300 123 4193. (In Northern Ireland, they are advised to turn up at Stockman House between 9am and 5pm.) Walking in with first making an appointment is discouraged but possible if the person “has nowhere to live” and needs to get into the asylum system to get accommodation.

    However, those making further submissions with a view to have their case considered as a fresh claim have since 18 March been able to lodge them by email or post instead of turning up in Liverpool in person.
  • Полезный Email из Home Office, подтверждающий что те заявители, кто не смог приехать в Великобританию и чьи визы закончились из-за COVID19, могут использовать т.н. опцию visa waiver. См. детали ниже.

    UK_BA_COVID19_Visa_Waiver_option.JPG
  • 12 May 2020 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145023 (WhatsApp/Viber)

    >>> COVID19 and the UK Immigration Update

    The Home Office is currently considering the (including the possible implementation of) following:

    - What to do after 31 May when the current extension and concession period runs out
    - Whether the NHS worker extension applies to family members of British NHS workers as well as various issues relating to right to work checks
    - Re-use previously enrolled biometrics in some applications
    - To re-open VACs overseas, but this will depend very much on each country's policy in relation to coronavirus. They are also looking at how to re-open Sopra Steria core sites
  • 12 May 2020 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145023 (WhatsApp/Viber)

    >>> COVID19 and the UK Immigration Update 2

    English language and Life in the UK tests

    The Home Office has confirmed in writing to ILPA that immigration and nationality applications can be submitted without the English language test or Life in the UK test. The individual will still need to pass the test before the application can be granted.

    However, the formal Home Office policy is yet to be published.

    Salary reductions

    The Home Office has confirmed that a sponsor is not required to submit a change of employment application where they are reducing the salary of a high earner to below £159,600 if the reduction is due to Covid-19 and is in line with the concession provided in the Home Office guidance i.e. it is temporary and no less than 80%/£2,500 per month (whichever is lower).
  • - Уточнение из Home Office о том, что делать если заявитель не может сдать тесты по английскому языку перед подачей иммиграционного заявления

    - (дополнительное) Уточнение из Парламента о том, что просроченные 30-и дневные визы для въезда в UK могут быть продлены на срок в 90 дней

    >>> COVID19 and the current inability to pass the English language test

    From the Home Office:

    Question : Can the immigration application, including the Naturalization one, be currently submitted within the Life in the UK and/or the English language test. I am unable to pass the test(s) as the Test Centres are closed due to COVID19

    UK BA answer: We can confirm that an individual can submit their immigration application without a Secure English Language Testing (SELT) result or a Life in the UK (LitUK) result whilst testing services in the UK are disrupted. If either of these results are needed to meet the requirements of the application route, they will need to have successfully passed the test before we grant the application.

    >>> Parliament confirm the extension of the 30-days (expired) vignettes: Entry Clearances: Coronavirus:Written question - 40720 : https://www.theyworkforyou.com/wrans/?id=2020-04-27.40720.h&s=immigration

    Further to our posts earlier, the UK Parliament has now confirmed the policy on the extension of the (expired) 30 days vignettes (initial Entry Clearance visas, issued outside of the UK.
  • Обязательный карантин на 2 недели по возвращению в Великобританию

    COVID19 and the UK Immigration update


    >>> Compulsary quarantine

    The government’s “COVID-19 recovery strategy”, last updated on 12 May, says that people travelling to the UK will soon be asked to go into quarantine for two weeks after they arrive. The document states:

      " … the Government will require all international arrivals not on a short list of exemptions to self-isolate in their accommodation for fourteen days on arrival into the UK. Where international travellers are unable to demonstrate where they would self-isolate, they will be required to do so in accommodation arranged by the Government.".

    There will be some exceptions, including for journeys within the Common Travel Area (covering the UK, Crown Dependencies and Ireland) and from France. There is no official date for this policy to begin: the government only says that it will come in “as soon as possible”. But the BBC has reported that “the new restriction is expected to take effect at the end of this month [May 2020]”.
  • Хорошие новости.

    На прошлой неделе подал заявлениe клиента на ILR по категории Tier 2(General).

    Тогда смогли только подать и оплатить заявление. Ни биометрику, ни загрузку документов не смогли сделать.

    Сегодня получили Email из Home Office выслать им документы напрямую по Email.

    То есть в обход биометрики и загрузки документов через Sopra Steria.

    Я выслал документы в Home Offie по Email в течение 30 минут :-)

    Сейчас ждем решения.

    Tier2_SETO_ILR_COVID19.JPG
  • Новые услвия перехода без выезда их UK

    >>> COVID19 and the UK Immigration

    The current information from the UK BA (via Email from the CiT UK BA team; yet to be confirmed on the UK BA web-site)

    IN BRIEF:

    In the standard CIH response relating to the in-country switching concession, it appears that the in-country switching concession is being extended to those with visas expiring 1 June - 30 June (see below). There appears to be new wording about some proscribed (short term) routes into which switching applications cannot be made.

    There does not appear to be any inclusion (in this standard email) of reference to 'automatic' extension of visas for those whose visas expire 1 June - 30 June, or for those whose visas have been extended under the current scheme to 31 May. But presumably this will need to follow.


    The details:

    Switching: visa holder in UK - leave expires between 24 January and 31 May


    Thank you for contacting the Home Office Coronavirus Immigration Team about switching from your current immigration route due to issues related to COVID-19.

    No individual of any nationality whose leave has expired or is due to expire between 24 January 2020 and 31 May 2020, and who cannot leave because of travel restrictions related to COVID-19, will be regarded as an overstayer or suffer any detriment in the future.

    Where you would normally be required to return to your country of residence to apply for a visa in a different category, you’ll now be able to apply from the UK to switch.

    This only applies if your leave has expired or will expire on or after 24 January 2020 to 31 May 2020, including where leave has already been extended to 31 March 2020.

    You will need to be switching from/to an eligible route and you’ll need to meet the same visa requirements and pay the same application fee.

    It is not possible to switch into short term visa routes where applications can only be made outside of the UK, such as:

    - Tier 5 Youth Mobility
    - Tier 5 Seasonal Worker
    - Tier 4 Chevening, Commonwealth and Marshall scholars
    - Overseas Domestic Workers

    You should apply online but you will not be able to book a biometric appointment at a UK Visa and Citizenship Application Centre Services (UKVCAS) service point or a Service and Support Centre (SSC). This is because we have temporarily closed these biometric enrolment services.

    Access UK is now holding applications for an increased period of 240 days. This will ensure that applications remain live and valid and supporting enrolment of biometric data once services have resumed. To ensure that you can book an appointment after 240 days, you must register for your UKVCAS account when you complete your online application. This will activate your account so that you can be contacted when the service resumes.

    If you have been advised that you can enrol your biometrics at a Post Office you should check the availability of services through the Post Office finder, as advised on your Biometric Enrolment letter, or through updates on GOV.UK.

    You will not be regarded as an overstayer or be subject to enforcement action if you are unable to attend a biometric appointment due to COVID-19 or if there are delays in processing your application. The terms of your leave will remain the same until your application is decided.

    Switching: visa holder in UK - leave expires between 1 June and 30 June

    No individual of any nationality whose leave has expired or is due to expire between 24 January 2020 and 31 May 2020, and who cannot leave because of travel restrictions related to COVID-19, will be regarded as an overstayer or suffer any detriment in the future.

    Although your leave expires after 31 May 2020, we will on this occasion allow you to switch routes while you’re in the UK.

    You will need to be switching from/to an eligible route and you’ll need to meet the same visa requirements and pay the same application fee.

    It is not possible to switch into short term visa routes where applications can only be made outside of the UK, such as:

    - Tier 5 Youth Mobility
    - Tier 5 Seasonal Worker
    - Tier 4 Chevening, Commonwealth and Marshall scholars
    - Overseas Domestic Workers

    You should apply online but you will not be able to book a biometric appointment at a UK Visa and Citizenship Application Centre Services (UKVCAS) service point or a Service and Support Centre (SSC). This is because we have temporarily closed these biometric enrolment services.

    Access UK is now holding applications for an increased period of 240 days. This will ensure that applications remain live and valid and supporting enrolment of biometric data once services have resumed. To ensure that you can book an appointment after 240 days, you must register for your UKVCAS account when you complete your online application. This will activate your account so that you can be contacted when the service resumes.

    If you have been advised that you can enrol your biometrics at a Post Office you should check the availability of services through the Post Office finder, as advised on your Biometric Enrolment letter, or through updates on GOV.UK.

    You will not be regarded as an overstayer or be subject to enforcement action if you are unable to attend a biometric appointment due to COVID-19 or if there are delays in processing your application. The terms of your leave will remain the same until your application is decided.

    Switching: visa holder in UK - leave expires from 1 July

    No individual of any nationality whose leave has expired or is due to expire between 24 January 2020 and 31 May 2020, and who cannot leave because of travel restrictions related to COVID-19, will be regarded as an overstayer or suffer any detriment in the future.

    As your leave to remain in the UK does not expire within the relevant dates, you are not eligible to switch into another route while you’re in the UK.

    Please continue to check the GOV.UK website, where up to date advice is published. The latest information and advice for visa holders and temporary residents can be found here:

    https://www.gov.uk/guidance/coronavirus-covid-19-advice-for-uk-visa-applicants-and-temporary-uk-residents

    Information on support available to visa holders and temporary residents in the UK is also available on GOV.UK, at:

    https://www.gov.uk/guidance/coronavirus-covid-19-get-support-if-youre-a-migrant-living-in-the-uk

    The latest travel advice can be found here:

    https://www.gov.uk/guidance/travel-advice-novel-coronavirus

    Coronavirus Immigration Team
  • Новости из Home Office сегодня, 21-05-2020, в отношении COVID19 и разных категорий иммиграциии:

    21 May 2020 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145023 (WhatsApp/Viber)

    >>> CORONAVIRUS and UK Immigration: https://www.gov.uk/government/collections/coronavirus-covid-19-immigration-and-borders

    Switching

    The guidance also includes information on switching visas. It allows people to “apply from the UK to switch to a long-term UK visa until 31 May 2020. This includes applications where you would usually need to apply for a visa from your home country”.

    From what it seems to apply, this would be an in-country application rather than an application for entry clearance. The concession was initially limited to people whose visa is due to expire by 31 May 2020. As we have reported earlier, the Home Office is sending out emails extending the concession to people with visas expiring in June.

    No recourse to public funds

    Migrants whose visa stipulates that they can have “no recourse to public funds” are in a difficult position. Without access to benefits to make up for loss of work, many face destitution.

    Government guidance issued on 23 April says that there is some support available to migrants with no recourse to public funds, including:

        -Coronavirus testing and treatment
        -Deliveries of food and medicine if “shielding” as a particularly vulnerable person
        -Statutory sick pay
        -Contributory Employment and Support Allowance
        -The Coronavirus Job Retention Scheme and Coronavirus Self-employment Income Support Scheme

    The Home Office also says that it has launched a £1.5 million pilot fund to accommodate victims of domestic violence who have no resource to public funds.

    But as the House of Commons Library says, “the Government hasn’t announced a blanket policy to change NRPF restrictions”. Those subject to the no recourse condition must still apply to have it lifted in order to access to the wider welfare system.

    From an immigration perspective, that is not an application to be taken lightly, as not only does removing NRPF punt you off a 5-year route to settlement and on to the 10-year route, but the Home Office has also made it clear that if you manage to change back, it will not count any of your previously accrued residence and your clock starts back at 0.

    The High Court found on 7 May that aspects of the no recourse policy are unlawful. As a result, the Home Office updated its information on applying to have the condition lifted where the person is only “at risk of becoming destitute”, as opposed to already destitute.

    Immigration tribunal hearings Overview

    HM Courts and Tribunals Service is now issuing a weekly operational update. There are specific status reports for First-tier and Upper Tribunal immigration and asylum cases. They provide a useful summary of the state of play (as of the week commencing 18 May):

        "The [First-tier] tribunal has suspended face to face hearings (other than in exceptional circumstances) until further notice. A notice containing instructions on the next steps in your case will be sent to you. We are working through the listed cases in priority and date order and you should wait until we contact you. Please do not call us unless your enquiry is urgent. Bail applications will be prioritised and where a hearing is required, will be listed to take place by telephone or video. Users are advised to contact the relevant hearing centre on the email addresses below until further notice.

    There is also a slightly more detailed “help for users” document, dated 15 April.

    For the Upper Tribunal:

        "There may be some delays in processing non-urgent work. Please see below different ways in which we are dealing with appeals and judicial reviews."

        Appeals and Permission to Appeal applications to UTIAC:

            "Appeals that were listed for hearing have been postponed. All appeals to UTIAC are being judicially case managed. There is also limited monitoring of the appeals email inbox currently taking place."

        Judicial Reviews in UTIAC:

            "A notice was issued (23 March 2020) on handling of urgent Judicial review applications
            A updated notice was issued on 30th April 2020 on handling non-urgent applications.
            The fees counter at Field House is currently closed and calls to 020 7073 4278 may not be answered"

    The “updated note” on non-urgent applications says:

        "Beginning on 30th April 2020 and until further notice, Judicial Review applications made to the Upper Tribunal (Immigration and Asylum Chamber) that do not require urgent or immediate consideration can be filed as follows:

        1. By email to UTIACJudicialReviewApplications@justice.gov.uk, by post or at the fees counter when the counter re-opens.

        2. Attachments to emails sent to UTIACJudicialReviewApplications@justice.gov.uk must not, in total, exceed 25 MB per email. If they exceed this limit the email will not be delivered."
  • Очередное продление (гостевых) виз. Теперь - до 31 июля 2020 года

    >>> COVID19 and the UK Immigration update: https://www.gov.uk/guidance/coronavirus-covid-19-advice-for-uk-visa-applicants-and-temporary-uk-residents

    Further visas extensions for those unable to return home due to coronavirus (22 May 2020)


    Overseas nationals who cannot return home due to the coronavirus pandemic will be able to extend their visa until the end of July to give them peace of mind that they can stay in the UK until they are able to return home safely.

    The extension will last until 31 July and will apply to anyone whose leave expired after the 24 January and cannot leave the country because of travel restrictions or self-isolation.

    While the Government has offered this extension to help those who are unable to get home prior to 31 July, those currently in the UK on temporary visas, such as visitor visas, should return home as soon as it is safe and possible to do so.

    Home Secretary Priti Patel said:

    “By extending people’s visas further, we are giving them peace of mind that they are able to stay in the UK until the end of July if they are unable to leave the country safely.

    “This is one of a number of unprecedented measures the Government has made to support people during this time, however, as we begin a cautious return to normality those currently in the UK on expired visitor visas should return home as soon as possible.”

    Today’s announcement builds on the previous extension which lasts until of 31 May, and ensures people who are not able to leave the UK are not impacted by circumstances outside of their control.

    A dedicated coronavirus immigration team is continuing to work with individuals to make the process as straightforward as possible. Anyone in this situation, who has not contacted them already, just needs to contact the team via an online form to let them know their visa has expired and they will be issued with an extension.

    To help those who want to apply for visas to stay in the UK long-term, the Home Office is also extending the in-country switching provisions until 31 July.

    This will mean people can apply to switch into long-term routes whilst remaining in the UK. UKVI will continue to process applications as quickly as possible, however some applications may take longer than usual due to coronavirus related operational pressures.

    Many foreign nationals have found themselves unable to return home since the outbreak of coronavirus due to flight cancellations and border restrictions.

    Those who contact the Home Office for these visa extensions will be expected to return to their home countries as soon as possible once flight and border restrictions are lifted. No immigration enforcement action will be undertaken during this time for those who email the Home Office as outlined above.

    In light of the current advice on self-isolation and social distancing, the Home Office is also waiving a number of requirements on visa sponsors, such as allowing non-EU nationals here under work or study routes to undertake their work or study from home.
  • Без комментариев - хорошая новость !

    >>> UKVCAS Service Status - Reopening from the 1st June 2020

    Some UKVCAS (Sopra Steria) centres are reopening from the 1st June. These will be for those who had pre-existing appointments cancelled during lockdown.

    The announcement: https://www.ukvcas.co.uk/flash-message-detail?flashmessageId=74833

    The Service Point Status: https://www.ukvcas.co.uk/flash-message-detail?flashmessageId=56249

    UK BA announcement: https://www.gov.uk/guidance/coronavirus-covid-19-advice-for-uk-visa-applicants-and-temporary-uk-residents

    NB:

    "Unfortunately, if you did not have an existing appointment, prior to the suspension of the service, you will not be able to book an appointment at this time. Please be assured that every customer is important to UKVCAS and we will be reviewing the new approach regularly to assess when we are able to open bookings for all customers. For the latest information on implications for your Visa application, please check UKVI’s Immigration Guidance at GOV.UK"
  • Update 27 мая 2020

    Сегодня с клиентом, у кого из-за COVID19 отменили биометрику, взяли новый слот на сдачу биометрику на 05 июня 2020 года.

    То есть пока дают доступ тем, у кого отменили биометрику из-за COVID19. А потом - всем остальным.
  • Кстати, новый .pdf файл с новой датой биометрики сейчас приходит с опозданием. Но приходит. В вышеуказанном случае в течение часа получили подтверждение с новой датой биометрики.
  • >>> VFS Global offices to re-open some of its Visa Application Centres

    The company has announced that a “phased resumption of services in certain Visa Application Centres” will start from the 1st June. They are:

        Brisbane
        Canberra
        Melbourne
        Perth
        Sydney
        Beijing
        Chongqing
        Guangzhou
        Shanghai
        Suva
        Hong Kong
        Kuala Lumpur
        Taipei
        Bangkok

    The other outsourcing company that runs visa application centres overseas, TLS Contact, does not have such a list. Applicants can go to the company’s UK website and select the country they are applying from to bring up the status of the application centre(s) in that country.
  • Update по биометрическим слотам от Sopra Steria и возможности сдать тесты по английскому языку (Trinity College)

    >>> Booking Sopra Steria appointments - update

    The Home Office has told ILPA the following about UKVCAS appointments:

    "When a customer receives an email from Sopra over next couple of days, with a link to book an appointment, they should follow that link and book an appointment, and not worry about any previous appointment bookings.

    Sopra are prioritising customer contact to reach out to those customers who were in process pre 27 March (when the centres closed) and they are starting with those customers who had booked free appointments before moving on to chargeable appointments.  So, there may be new customer contact taking place over coming days, but that is so Sopra can be assured they have gone through the cohort of people who were waiting before 27 March date and got them booked in. So, customers receiving an email with a link, should action it."

    >>> LanguageCert SELT exams for UK Visas & Immigration to fully open from the 1st July 2020

    "Dear Sir/Madam,

    We are pleased to announce some important updates concerning LanguageCert SELT exams for UK Visas & Immigration.

    As of 1 June 2020, 31 of our global SELT centres will be operational, complying with local policies and guidelines regarding COVID-19. Over the coming weeks our list of operational SELT centres is likely to grow.

    We anticipate the remainder of our SELT centres being operational from 1 July 2020, but this date is subject to change based on the evolving circumstances of COVID-19. If local restrictions continue to remain in place in regions beyond 1 July 2020, any applicants that have scheduled their SELT exam with us will be supported to re-schedule their booked exam slot."
  • Важные новости для тех, кто потерял доход, не может сдать тест по английскому языку, не может получить определенный документ; возможность пролить визу невесты без выезда

    10 June 2020 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145023 (WhatsApp/Viber)

    >>> Spouses and minimum income during COVID19: https://www.gov.uk/guidance/coronavirus-covid-19-advice-for-uk-visa-applicants-and-temporary-uk-residents#if-youre-applying-to-enter-the-uk-or-remain-on-the-basis-of-family-or-private-life

    Another group of people under particular pressure during the crisis is families where one partner is on, or about to apply for, a spouse visa. Loss of earnings as a result of the coronavirus-induced economic crash may mean that the family fall foul of the financial requirements.

    Until early June there was no published concession for people in this situation. There is now a new section of the guidance on Changes to the minimum income and adequate maintenance requirement. It says:

    "    If you have experienced a loss of income due to coronavirus, we will consider employment income for the period immediately before the loss of income due to coronavirus, provided the requirement was met for at least 6 months up to March 2020.

        If your salary has reduced because you are furloughed, we will take account of your income as though you’re earning 100% of your salary.

        If you are self-employed, a loss of annual income due to coronavirus between 1 March 2020 and 31 July 2020 will generally be disregarded, along with the impact on employment income from the same period for future applications."

    >>> Fiancés, fiancées or proposed civil partners - COVID19: https://www.gov.uk/guidance/coronavirus-covid-19-advice-for-uk-visa-applicants-and-temporary-uk-residents#if-youre-applying-to-enter-the-uk-or-remain-on-the-basis-of-family-or-private-life

    If you are here with 6 months’ leave as a fiancé, fiancée or proposed civil partner and your wedding or civil ceremony has been delayed due to coronavirus you can either request an extension until 31 July 2020 by updating your records with the Coronavirus Immigration Team, or apply to extend your stay for a further 6 months to allow the ceremony to take place.

    >>> If you are unable to provide specified documents - COVID19: https://www.gov.uk/guidance/coronavirus-covid-19-advice-for-uk-visa-applicants-and-temporary-uk-residents#if-youre-applying-to-enter-the-uk-or-remain-on-the-basis-of-family-or-private-life

    In some cases, we will be able to decide your application without seeing certain specified documents if you cannot get them due to coronavirus. Otherwise, you may be asked to submit the specified documents after the date of application.

    >>> Changes to the English language requirement - COVID19: https://www.gov.uk/guidance/coronavirus-covid-19-advice-for-uk-visa-applicants-and-temporary-uk-residents#if-youre-applying-to-enter-the-uk-or-remain-on-the-basis-of-family-or-private-life

    If you are asked to take an English language test as part of your application, you can apply for an exemption if the test centre was closed or you couldn’t travel to it due to coronavirus when you applied.
  • >>> COVID Switching - EC or LTR rules?

    From ILPA:

    "We asked the Home Office whether the Covid-19 concession to permit in-country switching where this is ordinarily prohibited requires applicants to meet the entry clearance rules or the in-country rules.

    The Home Office have now said:

    - Further to the query below in relation to which rules apply when people are using the in country switching concession, I can confirm that this will be the in-country rules given that the individual will be in the UK, the only rule that does not need to be met is that they need to apply for a visa from their home country. They will need to meet all other requirements of the route they are applying for and pay the UK application fee."

    >>> List of the UK Visa Application Centres that will open on the 22nd June 2020:


    From the Home Office:
    Please find below the list of VACs that are due to reopen from 22 June. As per above, please refer to the commercial partner websites for final details.

    -Adana
    -Alexandria
    -Amman
    -Ankara
    -Auckland
    -Baku
    -Bandar Seri Begawan
    -Banjul
    -Barcelona
    -Belgrade
    -Brussels
    -Bursa
    -Cairo
    -Changsha
    -Chengdu
    -Chiang Mai
    -Danang
    -Fuzhou
    -Gaziantep
    -Geneva
    -Hangzhou
    -Hanoi
    -Ho Chi Minh City
    -Istanbul
    -Izmir
    -Jinan
    -Kunming
    -Lisbon
    -Madrid
    -Nanjing
    -Osaka
    -Paris
    -Phnom Penh
    -Seoul
    -Shenyang
    -Shenzhen
    -Tokyo
    -Tunis
    -Wuhan
    -Xi'an

    To ensure you always have the most up to date information on which VACs are open, please check the relevant commercial partner website:

    - Europe, Africa and parts of the Middle East visit: uk.tlscontact.com
    - All other countries visit: vfsglobal.co.uk

    >>> Which UK Visa and Citizenship Application Services (UKVCAS) are open in the UK now ?


    Check the UKVACs opening status via this link: UK https://www.gov.uk/ukvcas
  • Новый update от Home Office:


    COVID19 and the UK Immigration update

    UK BA response:

    >>> Changes to the English language requirement

    "If you’re asked to take an English language test as part of your application, you can apply for an exemption if the test centre was closed or you couldn’t travel to it due to coronavirus when you applied."

    The Home Office clarified that this does not supersede their previous statement which still remains the case i.e. an individual can still validly submit their immigration or nationality application without a Secure English Language Testing (SELT) result or a Life in the UK result but these tests would need to be taken before they can grant the application. The Home Office explained that the above change to the guidance page is only in relation to the family and partner routes (and so not to other routes such as Tier 2), where there is already an ability to apply for an exemption from the requirement to meet the specific SELT requirement. The Home Office said that it had been agreed that Covid-19 counts as an exceptional circumstance for the purpose of applying for that exemption.

    >>> Where an individual has leave that will expire AFTER 31 July and they wish to benefit from the current in-country switching concession, they may contact the Home Office Coronavirus Immigration Team to discuss whether they will be allowed to benefit from the concession. These are being decided on a case by case basis (particularly for those with leave expiring in August or September), but the Home Office was clear that this would NOT apply to anyone whose leave is due to expire in 2021.

    >>> Caseworkers have been carrying out work on applications that have been submitted without biometrics as far as they can. This means that, once people have given biometrics when they are able to do so, they should receive decisions swiftly thereafter. However, it will be some time before the backlog is cleared and new appointments at Sopra Steria open up for those who submitted an application after the lockdown began. We pressed on the need for there to be sufficient numbers of free appointments available.
  • >>> Visa Centres overseas

    All UK visa application centres overseas were closed for some time but some are now re-opening in stages.

    To check whether the visa application centre for a particular country is open, go to the website of either TLScontact (for Europe, Africa and the Middle East) or VFS Global (for the rest of the world) and select that country from the dropdown menu.
  • >>> Sopra Steria to offer more biometric appointments soon: https://www.ukvcas.co.uk/flash-message-detail?flashmessageId=74833

    "From 22 June 2020, UKVCAS will revert to offering a mix of free and chargeable appointments to allow the next phase of customers to book an appointment. As a result:

    • On Sunday 21 June you will be unable to view or book an appointment on the UKVCAS website. This is only temporary whilst we make changes to the system.
    • From 22 June, if you have not booked an appointment and accessed the appointment booking system, you will notice the reintroduction of a mix of free and chargeable appointments.
    • If you had previously paid for an appointment or extra services then:
    o If you have not booked any appointment by 20 June, we will arrange a refund for you from 22 June.
    o From 22 June if you cancel an appointment, including one you booked by 20 June, the cancellation will trigger a refund, as the mix of free and chargeable appointments will apply to any new booking.
    o These refunds will be without prejudice, in light of the current exceptional circumstances."
  • COVID19 UK Immigration Update

    Students

    The Home Office released a separate guidance document about coronavirus and student visas on 20 April. It covers a number of temporary immigration concessions for those on Tier 4 and short-term student visas which “will be withdrawn once the situation returns to normal”.

    The section of the document aimed at individual students covers:

        - Distance learning: now permitted. This both for existing students and, since a 16 June update, for new students “as soon as circumstances allow”.
        - Extending a Tier 4 visa: can be done in line with the general policy described above. “Students who need to repeat a year, retake a module, or resit an exam are exempt from demonstrating academic progression as would normally be the case for those applying in the UK”.
        - Police registration: suspended until social distancing measures are lifted.
        - Working hours: 20-hour a week restriction lifted for doctors, nurses, paramedics and those whose sponsor has suspended all study.
        - Volunteering: permitted for NHS Volunteer Responders.
        Social distancing: applies to overseas students just like everybody else.
        - Time limits: “discretion may be applied” if someone applies for an extension that would take them over the normal maximum period allowed on a Tier 4 (General) visa.
        - Right to rent checks: can be done remotely.
        - Graduate route: “still scheduled to be launched in summer 2021″. Students who begin their course through distance learning can still switch into it so long as they ” enter the UK before 6 April 2021 and complete the final semester of their studies in the UK”.

    For short-term students:

        - In-country switching: into Tier 4 from short-term routes “will be allowed on an exceptional basis” until at least 31 July 2020.
      - Permitted study: “Short-term students who have been given an exceptional extension of leave in this category as a result of Covid-19 will be permitted to study on a further course other than that which they originally entered the UK to undertake”.
        - Extending short-term study leave: not catered for, would need to be an application for leave outside the Rules.
  • 26 July 2020 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145023 (WhatsApp/Viber)

    >>> COVID19 and the UK Immigration Update

    From the UK Visa and Citizenship Application Services (UKVCAS)

    1. 30 Day Vignettes

    If an individual’s 30-day visa to work, study or join family has expired, in addition to requesting a replacement via the CIH, overseas customers can now contact their VAC direct to request the replacement. The full details of how to do this can be found on gov.uk and on our commercial partner websites.

    Full details are available at: gov.uk/guidance/coronavirus-covid-19-advice-for-uk-visa-applicants-and-temporary-uk-residents

    2. Since 1 June 2020 Sopra Steria Ltd has begun a phased reopening of the UKVCAS service. We have now opened up the booking system to registered customers whose applications UKVCAS received between 1 June and 30 June 2020. UK Visas and Immigration is also adapting the way it processes applications in response to Covid-19 and will shortly begin to reuse biometrics (fingerprints) that have been recorded in a previous application as part of the process to verify an applicant’s identity. This will mean that some customers will not need to attend a Service Point. We are working to introduce this new approach and we will send further updates to eligible customers soon.

    Service Points for appointments will only operate when it is safe to do so, and measures are in place to protect customers and staff. As a result, this means the UKVCAS service is operating at a lower capacity than usual. There are currently 28 service points operating across the UKVCAS network, with further service points due to open over the coming period. More information on service points and opening dates can be found here: https://www.ukvcas.co.uk/flash-message-detail?flashmessageId=56249.";

    3. Factsheets

    Additionally, the latest UKVI factsheets are attached and the link to the collection page remains live at: https://www.gov.uk/government/collections/coronavirus-covid-19-immigration-and-borders.
  • 29 July 2020 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145023 (WhatsApp/Viber)

    >>> Extending the visas under COVID19 concession beyond the 31st July 2020 ?

    https://www.gov.uk/guidance/coronavirus-covid-19-advice-for-uk-visa-applicants-and-temporary-uk-residents#outside-uk

    There will be a “grace period”. People who have previously had their visas extended under the coronavirus concession have until 31 August to leave. The UK BA guidance says that “You do not need to contact the Home Office to tell us you are able to leave the UK during the grace period up until the 31 August”.

    It is still possible to request additional time to stay, beyond 31 August, but rather than an automatic extension of leave the person can only request “exceptional indemnity”:

        "The indemnity does not grant you leave but will act as a short-term protection against any adverse action or consequences after your leave has expired."

    On the face of it, exceptional indemnity seems only to be available to those whose visas expired between 24 January and 31 July — not anyone with a visa expiring from 1 August onward.

    People requesting exceptional indemnity will need to have a good reason, supported by evidence, of why they can’t leave by 31 August.

    The guidance also allows people to apply for further leave to remain in the UK even “where you would usually need to apply for a visa from your home country”. This switching concession seems to apply to those who are in the “grace period” described above: it “includes those whose leave has already been extended to 31 July 2020 and the grace period until 31 August 2020”. It may not be available to those whose visas expire naturally on or after 1 August.
  • >>> COVI19 Updates

    The Home Office updated its Covid-19 guidance page on "visa applicants and temporary UK residents" to provide information on the situation post-31 July 2020: https://www.gov.uk/guidance/coronavirus-covid-19-advice-for-uk-visa-applicants-and-temporary-uk-residents#outside-uk

    Otherwise, the insider news are as follows:

    - The switching concession is still in place and applies to those whose leave expires in August i.e. after 31 July 2020. The position is not finalized for leave expiring after 31 August

    - There will be an update for those whose leave expired overseas who were unable to return to the UK because of the pandemic. Probably in the next month or so

    - The Home Office is still finalising the process to allow people to submit a picture where they have been told their biometrics can be re-used. It is hoped this will be in place within the month

    - UKVI will be putting these policies into the Immigration Rules, with retrospective effect, later this year. It is not clear yet as to which policies exactly will be in the Rules.

    - Free appointments - difficult to fine/book. The UKVI informs that the proportion of free appointments is roughly the same as before the pandemic but because overall capacity is reduced in absolute numbers there are fewer free appointments.

    - UKVI are aware the end-date in relation to the concession for the minimum income rule under Appendix FM needs to be amended and they will be doing so in light of today's other policy announcements

    - There are still no immediate plans to resume in-country priority services.

    The Home Office also wrote to ILPA and provided the following information:

    "We are writing to update you on the latest advice for those who have been in the UK and who have benefited from the automatic visa extensions in response to travel disruption because of the Coronavirus (Covid-19) outbreak.

    Since the outbreak of Coronavirus (COVID-19), the government has implemented a number of concessions to assist visa holders in the UK who have been impacted by global travel and health restrictions. This has included offering extensions of visas for those who leave expired between 24 January 2020 and 31 July 2020 and relaxing the rules on switching in the UK.

    This pragmatic approach has ensured that nobody is penalized for reasons beyond their control, however as global travel restrictions have started to lift, it is right that this generous, but temporary concession, be brought to a close.

    We recognize that people will need time to make arrangements to leave the UK and are taking a number of steps to continue to offer support for those who need it beyond 31 July.

    We will allow individuals a further month’s grace period, until the end of August 2020, to leave the UK, seek further leave, or apply for an indemnity to allow them to leave on a later date.

    During this grace period we will keep in place the relaxation of the switching rules to enable those who wish to stay in the UK to submit an application to enable them to do so. Additionally, during the grace period the conditions of stay in the UK will be the same as the conditions of leave. So, if an individual’s conditions allowed them to work, study or rent accommodation, they may continue to do so during August 2020 ahead of their departure.

    If an individual decides to remain long-term, and has not already done so, then they should apply for the necessary leave to remain in the UK.

    We recognize that during this period individual’s may have overstayed their leave due to the impact of the Coronavirus pandemic. Therefore, for individual’s whose visa or leave expired between 24 January 2020 and 31 July 2020 there will be no future adverse immigration consequences solely on the basis of any periods of overstaying leave that took place between 24 January 2020 and 31 August 2020. We will formalize this specific commitment within the Immigration Rules.

    We recognize that there will be some who, due to exceptional circumstances, will still be unable to return home before the 31 August 2020 and anyone who fits this exception should contact the CIT helpline. A compassionate and pragmatic approach will be taken to requests for an indemnity to allow someone to leave the UK on a later date.

    We hope that this update is useful for you and your members, clients and stakeholders.  The full guidance can be seen on gov.uk and if  you have any further questions about these changes you can contact us."
  • 06 August 2020 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145023 (WhatsApp/Vibe

    >>> Delayed communication of the Naturalization decisions by the Home Office

    The Legal Centre has been made aware of the cases when the Home Office makes a decision in relation to the applicant's Naturalization application (AN, MN1 etc), yet (significantly) delays the communication of the decision to the client/legal representative.

    The Home Office needs to be contacted via a dedicated Email address in order to get the decision communicated to the applicant.

    >>> The Home Office has updated the Appendix FM (Financial Requirement) to cover the COVID19 loss of income etc cases: https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&cad=rja&uact=8&ved=2ahUKEwjz9KTlpIbrAhXvQxUIHQ08CYYQFjAAegQIChAB&url=https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/901579/appendix-fm-1-7-financial-requirement-v2.0-gov-uk.pdf&usg=AOvVaw0Mp6AGeTFNQAxLurhR6nv1

    See page 69:

    Coronavirus (COVID-19) concession

    Instruction for handling cases which raise the impact of the 2020 COVID-19 pandemic as grounds for not meeting the minimum income requirement in an entry clearance, leave to remain or indefinite leave to remain applications under the family Immigration Rules.

    This guidance sets out the approach you must take over defined periods, when deciding a case, to ensure applicants are not disadvantaged as a result of circumstances beyond their control because of COVID-19.

    Income received via the Coronavirus Job Retention Scheme or the Coronavirus Self-Employment Income Support Scheme can count as employment or self-employment income. Where there is evidence of a temporary loss of income due to COVID-19 during the period 1 March 2020 and 31 July 2020 you will apply the following concessions:

    • a temporary loss of employment income between 1 March and 31 July 2020 due to COVID-19, will be disregarded provided the minimum income requirement was met at the required level for at least 6 months up to March 2020
    • an applicant or sponsor furloughed under the Government’s Coronavirus Job Retention Scheme will be deemed as earning 100% of their salary
    • a temporary loss of annual income due to COVID-19 between 1 March 2020 and 31 July 2020 will generally be disregarded for self-employment income, along with the impact on employment income from the same period for future applications.
    • evidential flexibility may be applied where an applicant or sponsor experiences difficulty accessing specified evidence due to COVID-19 restrictions
  • 06 August 2020 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145023 (WhatsApp/Viber)

    >>> COVID19 and the UK Immigration update via ILPA conference call with the Home Office

    Switching

    The section on GOV.UK re: switching under “If you’re applying to enter the UK or remain on the basis of family or private life” where it refers to 31 July 2020 is wrong and should be fixed on the next page update which should be today or tomorrow. Those individuals benefit from the general switching concession at the top of the page, i.e. you can switch if you have leave of less than six months/as a visitor into the family and private life routes. ILPA robustly reiterated the importance of information on GOV.UK being accurate, and updated quickly when they are notified of errors, as we emailed them several times last week regarding this.

    Previously the switching guidance said that those with leave expiring after 31 July could apply to switch if they could demonstrate that they "cannot travel". However they are softening that approach. It will now refer to where there is an "urgent or pressing need" for individuals to switch where leave expires after 31 August.  When we asked for more clarification as to what that will mean, the HO  said that they are being “really pragmatic” and the working assumption is that people will be able to switch. ILPA gave the example of someone who is here on a visitor visa valid until 2 September 2020 and who wanted to switch to leave as a spouse under Appendix FM. The Home Office said that this would be allowed. We are not able to provide any more clarification from the Home Office on this point.

    ILPA also asked about someone who is on a Tier 5 (Youth Mobility) visa, and if they would be allowed to switch into any category where they met the requirements. The Home Office said this was correct. They said that the categories you cannot switch into are those where there is no existing in-country application route. ILPA said that this is not clear and we asked the Home Office to review the guidance to remedy this.

    The continuation of the switching concession will be kept under review and the next review will be late September.

    Indemnity

    The process to apply for the indemnity will be via a smart form on GOV.UK. They have had a lot of queries re: what evidence will be needed: they are not going to be prescriptive about this because they think that the range of circumstances that may lead to an indemnity request is very broad. They will monitor the requests that come in for trends and may start being more specific about evidential requirements later on based on that monitoring.

    ILPA asked why a new category of status is being created (i.e. the indemnity) rather than just granting a form of exceptional leave. They said first that this is about people who don't actually want to stay in the UK -  acquiring leave to remain isn't the ambition of that cohort. They also said that this was being done in order to circumvent the need for those people to be issued with a BRP according to the Biometric Regulations. We stressed that there are situations where people are given a form of exceptional short-term leave where they cannot leave the UK for compassionate reasons - it would not be unusual for people to get leave in this instance. We also asked whether there was a way of making an exemption to the Biometric Regulations, but the Home Office were firm that this was the decision that had been taken and the indemnity would be inserted into the Immigration Rules.
    ILPA asked for clarification about how the indemnity status would work with section 3C leave and paragraph 39E of the Rules, for example if the indemnity request was refused after the grace period has expired. As to what their status would be during the period the application is under consideration after the end of the grace period, the HO said that they will revert to us with clarification on that point. ILPA reiterated how important this point was as otherwise people will feel no choice but to make a full paid application in order to protect their status.

    The HO said that the overwhelming majority of refusals of extension requests to date were in respect of people whose leave had already expired prior to 24 January 2020 when the concession came in.

    The caseworker guidance on indemnity leave will be published when the Immigration Rules are updated.

    Where a caseworker does want to issue a refusal, this has to go through a manager first. There will be no appeal right against a refusal of an indemnity request: the only way to challenge it will be by way of judicial review.

    Application processes


    On obtaining appointments at UKVCAS centres, they are trying to work out how to increase capacity and to increase the proportion of free appointments. Over the next two weeks they are revising their plans through to October/November 2020 and they will be in touch with ILPA before those plans are finalised to explain to us what they are doing.

    They expect the app for people to take photographs of themselves where biometrics are being reused will be up and running in the next couple of weeks. ILPA raised the issue of the email address that will be used for the app where a representative’s email address is on the application. They are aware of the issue and are having internal discussions about how to deal with this to ensure individual applicants only have access to their own application.

    They are still working out a technical process for those upgrading or re-grading to Priority/Super Priority.


    Emails about Covid-19 extensions


    From August people will not get a written confirmation of being in the grace period.

    The emails that were sent out last week with no applicant identifying information were just generic emails. ILPA raised the point that the emails appeared to be personal, saying “you have been granted” etc, that representatives had received many such emails and so couldn't join them up to applicants. The HO apologised for the confusion caused to members and said that everyone should have had an individual email about their specific case.
  • 13 August 2020 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145023 (WhatsApp/Viber)

    >>> COVID19 UK Immigration update

    - General policy (Updated 13 August):

    It is still possible to request an extension to this grace period beyond 31 August in individual cases. The Home Office calls this “exceptional indemnity”:

        "The indemnity does not grant you leave but will act as a short-term protection against any adverse action or consequences after your leave has expired."

    People requesting exceptional indemnity will need to contact the coronavirus helpline to explain why they can’t leave by 31 August.

    The guidance also allows people to apply for further leave to remain in the UK even “where you would usually need to apply for a visa from your home country”. This switching concession again has a soft cut-off date: it is available for people whose visas expire up to 31 August, but for those whose leave expires after that date only if the applicant is “urgent”.

    - Students (Updated 13 August 2020)

    The Home Office released a separate guidance document about coronavirus and student visas on 20 April. It covers a number of temporary immigration concessions for those on Tier 4 and short-term student visas which “will be withdrawn once the situation returns to normal”.

    The section of the document aimed at individual students covers things like:

        Distance learning: now permitted. This is both for existing students and, since a 16 June update, for new students “provided they intend to transition to face-to-face learning as soon as circumstances allow”.

        Extending an existing Tier 4 visa: students can do so in-country “provided they do so before the expiry of their current leave, or, if their leave expired between 24 January and 31 August and they were granted an extension, by 31 August, or by 1 October if they have been issued ‘exceptional indemnity’”.

        Police registration: students normally required to do this need to check if their particular police force is facilitating it. If not, they can register “once social distancing measures are lifted”.

        Time limits: “discretion may be applied” if someone applies for an extension that would take them over the normal maximum period allowed on a Tier 4 (General) visa.

        Graduate route: “still scheduled to be launched in summer 2021″. Students who begin their course through distance learning can still switch into it so long as they ” enter the UK before 6 April 2021 and complete the final semester of their studies in the UK”.

    For short-term students, in-country switching into Tier 4 “will be allowed on an exceptional basis” until 1 October, provided the person arrived in the UK before 31 July. “Those arriving on the Visit or Short-term study route after 31 July will not be permitted to switch into Tier 4”
  • 19 August 2020 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145023 (WhatsApp/Viber)

    >>> COVID19 and the UK Immigration update

    Overseas VACs

    Whilst the majority of our overseas Visa Application Centres have reopened, there remain some locations that are closed due to locally imposed restrictions, or where our commercial partner is unable to move staff or mobile equipment across regions to deliver services at smaller Temporary Enrolment Locations (‘TELs’).

    Please be aware that the reopening of locations continues to be subject to local conditions, and that customer or staff exposure to Covid-19 may affect our ability to operate. VACs are only being opened when it is safe, and customers and staff are protected. As we are sure you can appreciate, this remains a fluid situation that we continue to keep under daily review.

    As ever, to ensure you always have the most up to date information on which VACs are open, please check the relevant commercial partner website.

    -      Europe, Africa and parts of the Middle East visit: uk.tlscontact.com
    -      All other countries visit: vfsglobal.co.uk 

    Please also note our updated guidance for customers outside of the UK who may be affected by VAC closures, that states:

    “If your VAC is still closed due to coronavirus restrictions, you can visit a VAC in any country worldwide, subject to that country’s entry requirements, to submit your application and biometrics. You’ll be able to make any type of application.
    This temporary concession will be reviewed by 30 November 2020.”

    This means that overseas visa customers whose usual VAC remains closed can apply at another VAC in any country, regardless of the type of application they are making. Whilst some VACs remain closed, or if some suspend services again due to imposition of additional local restrictions, paragraph 28 of the immigration rules will not apply to affected customers.

    Tier 4 guidance and concessions

    The latest guidance for gov.uk on Tier 4 temporary concessions has been published. This includes details on the following:

    •        The ATAS (Academic Technology Approval Scheme) concession is no longer in place
    •        Where SELT centres have re-opened the SELT concession is no longer available
    •        Confirmation that Distance Learning will be in place for the entirety of the 2020/21 academic year
    •        Clarification that the concession allowing students to apply for further leave in the UK isn’t restricted to individuals whose leave expires on or before 31 August. The concession has been extended until the launch of the Student route. 
    •        The concession regarding the period during which a new course must commence after the expiry of current leave has been extended until 31 December.
    •        A concession has been added that permits students to downgrade to a lower level of an integrated course within the UK.
    •        Confirmation that students who are undertaking distance learning are considered to be in term time and are restricted to the work hours stated on their visas.
    •        Confirmation that the applicant must have arrived in the UK on or before 31 July to be able to switch from the Short-term study or visit route to the student route. Those applicants arriving after that date cannot switch under the concession.

    A reminder also that a link to the ‘collection page’ of all guidance for those affected by changes to UK immigration and borders due to Coronavirus remains live at: https://www.gov.uk/government/collections/coronavirus-covid-19-immigration-and-borders.
Войдите или Зарегистрируйтесь чтобы комментировать.