Due to Coronavirus, the government has provided a concession for some points-based system visa categories, to ensure both migrants and employers are not disadvantaged by the Coronavirus pandemic.
Switching in country
The government had relaxed the rules to allow Chinese nationals who are currently in the UK on a Tier 2 (ICT) visa to switch to a Tier 2 (General) visa in-country. This is subject to the migrant holding a Tier 2 (ICT) visa, which has an expiry date of between 24 January 2020 and 30 March 2020. Usually the migrant would have to return to their country of origin and make an entry clearance application.
Absences due to Coronavirus?
If a migrant or student has been absent as a result of Coronavirus, then an employer is not required to report these absences. Further to this, the sponsor will not be required to withdraw sponsorship for affected students who have been unable to attend their educational institution for more than 60 days or for employees who have exceeded four weeks of absence without pay. It is important to remember that the guidance will be regularly reviewed and therefore it may be useful to seek legal advice if in doubt.
It is highly recommended that sponsors keep a record of the absences related to the coronavirus outbreak. This could in the form of email correspondence or telephone records.
Migrant workers working from home?
Where a migrant is required to work from home as a result of Coronavirus, there is no requirement to report this to the Home Office.
If you are worker switching in-country or an employer hiring a worker from outside of the EEA please do not hesitate to contact us for guidance.