COVID-19 immigration guidance for migrants, employers and entrepreneurs

1. Coronavirus (COVID – 19) immigration guidance
What can I do if my visa is expiring and cannot leave the UK due to travel restrictions or self-
isolation?
If you are in the UK and your leave expires between 24 January 2020 and 31 May 2020 your visa will be
extended to 31 May 2020 if you cannot leave the UK because of travel restrictions or self-isolation related
to coronavirus (COVID-19).
Individuals affected must contact the Coronavirus Immigration Team (CIT) via: CIH@homeoffice.gov.uk to
update their records if their visa is expiring.
They should provide:
• Full name (include any middle names)
• Date of birth (dd/mm/yyyy)
• Nationality
• Previous visa reference number
• Why they can’t go back to their home country, for example if the border has closed.
The Home Office will be in contact when the request is received and when their visa has been extended.
Please note this has not been written into law and at this moment it is not clear whether the extra stay
will be covered by the Immigration Health Surcharge. There will be no new BRP card issued for this
extension. Therefore, it is very important for employers to keep records of when an email was sent to the
Home Office to protect against any illegal working penalties.
Can I switch in country into a long-term visa category if I can’t make a new entry clearance
application due to travel restrictions?
You will be able to apply from the UK to switch to a long-term UK visa until 31st
May. This includes
applications where you would usually need to apply for a visa from your home country.
You will need to meet the same visa requirements for that category and pay the UK application fee.
This includes those whose leave has already been automatically extended to 31 March 2020.
The terms of your leave will remain the same until your application is decided.

2. Please note “long term” here does not mean indefinite leave to remain. It includes for example switching
from a Tier 4 (student) to Tier 2 (General) or from PBS dependent to Tier 2 (ICT), which would normally
require a fresh application for entry clearance to be made from abroad.
If you wish to extend your leave under the same immigration route it is important to note that providing
the details requested by the Home Office will not be considered a pending application under section 3C
of the Immigration Act 1971 and you will therefore become an overstayer. In this case you will need to
submit your extension application before the expiry of your current leave.
What should I do if I am outside the UK and need to make an entry clearance application?
Many UK Visa Application Centres (VACs) are closed or offering limited services.
For advice on visa services in your country contact:
• TLS Contact if you are in Europe, Africa or parts of the Middle East
• VFS Global for all other countries
In some areas the UK cannot send visa vignettes across some borders and routes due to border
restrictions.
English testing centres are also affected. For more information visit the International English Language
Testing System (IELTS)’s website or contact your test centre.
What should I do if my UKVCAS appointment for biometric enrolment has been cancelled?
As of 26th
March 2020, all biometric enrolment centres have been closed.
If you are affected by the resulting cancellation of an appointment you do not need to do anything. Sopra
Steria will continue to monitor the situation and will update you when the service recommences.

3. For Employers
How do I carry out right to work checks?
During the pandemic
As of 30 March 2020, the following temporary changes have been made:
• Checks can now be carried out over video calls
• Job applicants and existing workers can send scanned documents or a photo of documents for
checks using email or a mobile app, rather than sending originals
• Record the date you made the check and mark it as “adjusted check undertaken on [insert date]
due to COVID-19”
• Employers should use the Employer Checking Service if a prospective or existing employee
cannot provide any of the accepted documents. If the person has a right to work, the Employer
Checking Service will send you a ‘Positive Verification Notice’. This provides you with a statutory
excuse for 6 months from the date in the notice.
• If the worker has a current Biometric Residence Permit or Biometric Residence Card or status
under the EU Settlement Scheme you can use the online right to work checking service while
doing a video call - the applicant must give you permission to view their details
After the COVID-19 measures end
The Home Office will let you know in advance when these measures will end. After that date, you should
follow the checking process set out in right to work checks: an employer’s guide.
You will be asked to carry out retrospective checks on existing employees who:
• started working for you during these measures
• required a follow-up right to work check during these measures
You should mark this check: “the individual’s contract commenced on [insert date]. The prescribed right
to work check was undertaken on [insert date] due to COVID-19.”
The retrospective check must be carried out within 8 weeks of the COVID-19 measures ending. Both
checks should be kept for your records.
The Home Office will not take any enforcement action against you if you carried out the adjusted check
set out in this guidance, or a check via the Home Office, and follow this up with the retrospective check.
If, at the point of carrying out the retrospective check, you find your employee does not have permission
to be in the UK you must end their employment.

4. How do I continue to comply with my Tier 2, Tier 4 or Tier 5 sponsor duties during COVID-19?
Student/employee absences
Sponsors are not currently required to report student or employee absences related to coronavirus which
they have authorised.
Sponsors also do not need to withdraw sponsorship for:
• Affected students unable to attend for more than 60 days
• Employees who have exceeded 4 weeks of absence without pay
Decisions on whether to withdraw a student from their studies or terminate an employment are for
sponsors to make. The Home Office will not take any compliance action against students or employees
who are unable to attend their studies/work due to the coronavirus outbreak, or against sponsors which
authorise absences and continue to sponsor students or employees despite absences for this reason.
The Home Office will keep this under review, especially if the length of absences means a potential repeat
of period of studies become necessary.
Employees working from home
You do not have to notify the Home Office if you’re sponsoring employees who are working from home
due to coronavirus.
Other changes to their working arrangements must still be reported as usual.
If you cannot pay the salaries of sponsored employees because you’ve temporarily reduced or ceased
trading
You can temporarily reduce the pay of your sponsored employees to 80% of their salary or £2,500 per
month, whichever is the lower.
Any reductions must be part of a company-wide policy to avoid redundancies and in which all workers are
treated the same.
These reductions must be temporary, and the employee’s pay must return to at least previous levels once
these arrangements have ended.

5. If you have issued a Certificate of Sponsorship (CoS) or a confirmation of acceptance for studies (CAS)
and the sponsored employee or student has not yet applied for a visa:
The employee or student will still be able to apply for a visa.
The start date for the course or employment stated on the CoS or CAS may have changed. The Home
Office will not automatically refuse such cases.
For example, they may accept a CoS or CAS if they have become invalid because the employee or student
was unable to travel as a result of coronavirus. This will be considered on a case by case basis.
What do I do if I am on a Tier 1 Entrepreneur visa and my business has been disrupted?
You no longer need to employ at least 2 people for 12 consecutive months each. The 12-month period
you are required to employ someone for can be made up of multiple employees across different months.
Time when your employees were furloughed will not count towards the 12-month period.
If you have not been able to employ staff for 12 months in total by the time your visa expires, you will be
allowed to temporarily extend your stay to give you time to meet the requirement.
Please contact us should you have any other queries