Immigration guidance on the Coronavirus: March 2020

Published on: 10/03/2020

#Immigration

The Government has said that it continues to monitor the immigration implications of the Coronavirus, which has prevented travel to various regions of the world. The initial guidance, which was published on 17 February 2020, has seen several updates, with the most guidance being published on 27 February 2020. We explore the key points set out in this guidance.

Automatic extension of immigration status

The visa for all Chinese nationals in the UK will automatically extend to 30 March 2020, provided they were compliant with their visa conditions before the outbreak, and their visa was to expire between 24 January 2020 and 30 January 2020. We expect a further extension to this date but would advise those affected to continue checking for further updates.

A significant number of Chinese nationals affected by the Coronavirus are those on a visit visa. This visa normally allows a stay of 180 days in 12 months. As such, if you are on a visit visa, and are reaching the end of the 180-day limit, the government has said that they will automatically extend this to 30 March 2020.

However, if your visa was granted under the British Irish Visa Scheme (BIVS), you must contact the Coronavirus Immigration Helpline (details are at the end of this article) to extend your stay, as your extension will not be automatic.

This extension is automatic, which means that the qualifying individual, does not need to make an application. It is therefore important to check that you fall within the relevant qualifying criteria. If you are on a long-term visa (e.g. Tier 2) and hold a Biometric Residence Permit (BRP), you will not receive a further BRP, instead, the Home Office will update their system to reflect the extended expiry date.

If you fall within the relevant categories (as listed above), it is also important to note that the automatic extension means that your existing visa conditions continue to be effective. For example, if you are on a Tier 2 visa, you must continue to work for your sponsor.

If you are unsure of whether the above applies to you, please contact us to discuss this further.

Non-Chinese nationals

Non-Chinese nationals currently in the UK, who are normally resident in China, must contact the Coronavirus Immigration helpline to extend their stay in the UK. They must demonstrate that they are normally resident in China to be eligible under this guidance.

Switching from a Tier 2 (ICT) visa to Tier 2 (General)

Switching to a Tier 2 (General) from a Tier 2 (ICT) visa is usually only permitted in very limited circumstances, and the application must be made from your home country. However, if you fall within the above guidelines, you may be able to switch from within the UK, provide you meet all of the other rules for a Tier 2 (General) visa.

Applying for a visa from China

Applications for a UK Visa are normally made through a VFS centre in China. However, since 24 February 2020, all UK Visa Application Centres are closed. The VFS website will provide the latest update on this temporary closure: https://www.vfsglobal.co.uk/cn/en/news/china-visa-application-centres-closure

Secure English Language Testing (SELT) Centres

As of 10 March 2020, the following test centres have been affected:

  • Mainland China and Macau SAR
    • Mainland China - Tests currently suspended until April 2020
    • Macau SAR - Tests currently suspended until 28 March 2020
  • Mongolia 
    • Tests currently suspended until April 2020
  • Italy
    • Tests currently suspended until 15 March 2020
  • Korea
    • Daegu – tests currently suspended
    • Limited testing elsewhere
  • Iraq
    • Tests currently suspended
  • Bhutan
    • Tests currently suspended until April 2020
  • The United Arab Emirates, Abu Dhabi and Dubai
    • Tests currently suspended until 15 March 2020 
  • Turkmenistan, Ashgabat
    • Tests currently suspended until 15 March 2020

Please visit https://www.ielts.org/news/2020/covid19-information-for-our-global-test-taker-community for the latest updates.

British nationals in China

As the Visa application Centres are closed, British nationals cannot apply for a British passport, if required. They should instead apply for an emergency travel document.

Tier 2, Tier 4 or Tier 5 sponsors: absences due to coronavirus

If you are a licenced sponsor and have students or employees who have not been able to return, either due to travel restrictions or because they are in quarantine, you do not need to report their absences authorised by you. However, it may be good practice to report the absences for completeness, if possible.

If exceptional circumstances apply, you do not need to withdraw sponsorship in the following circumstances, as per government guidance:

  • a student will be unable to attend for more than 60 days
  • an employee is absent from work without pay for four weeks or more

UKVI Coronavirus Immigration Helpline

The Coronavirus Immigration Helpline is for Coronavirus-related immigration queries. If your query does not relate to the Coronavirus, you should contact the general immigration helpline on 0300 123 2241.

You can also contact the coronavirus immigration helpline if you have any other immigration queries related to coronavirus, including questions about urgent, compelling, compassionate case where a Chinese national or other visa national based in China needs to travel to the UK.

Coronavirus Immigration Helpline contact details

  • Telephone: 0800 678 1767 (Monday to Friday, 9am to 5pm)
  • Calls are free of charge.
  • Email: CIH@homeoffice.gov.uk

Due to Data Protection Regulations, for specific queries, the UKVI will only be able to speak to the visa-holder or applicant.

However, If you are a third party (for example family member or sponsor) and wish to speak on their behalf, you must first provide consent from them. They can either do this by providing verbal consent on the helpline or by emailing on the address provided above. If the applicant is providing consent by email, this must be the same email they used when applying for their visa application.

Disclaimer

This information is for guidance purposes only and should not be regarded as a substitute for taking professional and legal advice. Please refer to the full General Notices on our website.