Скачать или смотреть IMMIGRATION NEWS: NEW HOME OFFICE COVID GUIDANCE FOR MIGRANTS 8 JULY 2022 PART 2

This is Paul Turner the Immigration barrister at Imperium Chambers

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Immigration News: New Home Office guidance on Covid and Migrants: Part 2

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Today I am going to be talking about Covid guidance on concessions if you’re applying to enter the UK or remain on the basis of family or private life


In this second video on the new Home Office Coronavirus guidance changes - which are valid from 8 July 2022

I will be focussing on the good news in respect of concessions for people who are applying for entry clearance or to further remain in the UK on the basis of family or private life.

Firstly a word on overstayers. Good news here too.

If you have been unable to travel back to the UK due to coronavirus travel restrictions and your leave expired between 1 March 2020 and 19 July 2021, a short break of up to 6 months in continuous residence will be overlooked and you will face no future adverse immigration consequences as a result.
Now turning back to the concessions
Firstly, If you’re here with 6 months’ leave as a fiancé, fiancée or proposed civil partner the current family Immigration Rules allow you to apply for an extension of leave if there is good reason for your wedding or civil partnership not taking place during the initial 6 month period of leave to enter.
Cancellation of a wedding or civil partnership ceremony due to COVID-19 will be considered a good reason under this policy.
Now some very welcome Changes to the minimum income and adequate maintenance requirement

If you’ve experienced a loss of income due to coronavirus up to 31 October 2021, the HO will consider employment income for the period immediately before the loss of income, provided the minimum income requirement was met for at least 6 months immediately before the date the income was lost.
If your salary was reduced because you were furloughed they will take account of your income as though you’re earning 100% of your salary.
If you’re self-employed, a loss of annual income due to coronavirus between 1 March 2020 and 31 October 2021 will usually be disregarded, along with the impact on employment income from the same period for future applications.
However there is an important warning here. This concession is about to run out.
This concession have not been extended beyond 31 October 2021. Any income loss after this date will not be taken into account within the financial concessions listed above and applicants will be expected to meet minimum income and adequate maintenance requirements as per pre-pandemic levels.
Another welcome change is that If you’re unable to provide specified documents
In some cases the HO will be able to decide your application without seeing certain specified documents, if you cannot get them due to coronavirus, until 31 March 2022. Otherwise, you may be asked to submit the specified documents after the date of application.
Changes to the English language requirement
If you’re asked to take an English language test as part of your application, Lots of centres have re-opened but you can apply for an exemption if the test centre was closed or you couldn’t travel to it due to coronavirus when you made the application.
However if you are planning to seek an exemption you will need to provide evidence.
As we can see despite the rise in the number of infections the HO is tightening up the concessions which means that if you want to stay in the UK then you ought to apply as soon as possible or get proper legal advice.