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British Lawyer

Coronavirus - ситуация с визами - новости

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Здраствуйте  :) 

 Подскажите по  данной ситуации ,пожалуйста,

У родителей  виза открыта с конца марта по сентябрь.  мы перенесли приезд с апреля на июнь. В связи с данной ситуацией гарантий нет что полеты возобновлятся .

Можно ли продлить им визу или изменить даты  ?  Писали в home office ответ так и не пришел 

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Нет, т.к. виза заканчивается после 31-07-2020.

Помощь русскоговорящего адвоката высшей категории: консультации, проверка заявлений, ведение дел:  www.legalcentre.org  Mob/Viber/WhatsApp:+44(0)77 911 45 923, Skype: immigration_lawyer

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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.

Помощь русскоговорящего адвоката высшей категории: консультации, проверка заявлений, ведение дел:  www.legalcentre.org  Mob/Viber/WhatsApp:+44(0)77 911 45 923, Skype: immigration_lawyer

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>>> 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

 

Помощь русскоговорящего адвоката высшей категории: консультации, проверка заявлений, ведение дел:  www.legalcentre.org  Mob/Viber/WhatsApp:+44(0)77 911 45 923, Skype: immigration_lawyer

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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.

 

Помощь русскоговорящего адвоката высшей категории: консультации, проверка заявлений, ведение дел:  www.legalcentre.org  Mob/Viber/WhatsApp:+44(0)77 911 45 923, Skype: immigration_lawyer

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>>> 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.

 

Помощь русскоговорящего адвоката высшей категории: консультации, проверка заявлений, ведение дел:  www.legalcentre.org  Mob/Viber/WhatsApp:+44(0)77 911 45 923, Skype: immigration_lawyer

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>>> 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."

Помощь русскоговорящего адвоката высшей категории: консультации, проверка заявлений, ведение дел:  www.legalcentre.org  Mob/Viber/WhatsApp:+44(0)77 911 45 923, Skype: immigration_lawyer

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В 05.06.2020 в 5:24 PM, British Lawyer сказал:

Нет, т.к. виза заканчивается после 31-07-2020.

Тоесть ни при каких обстоятельствах продления просить безсмысленно?

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Сейчас это изменилось. См. информацию выше.

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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.

Помощь русскоговорящего адвоката высшей категории: консультации, проверка заявлений, ведение дел:  www.legalcentre.org  Mob/Viber/WhatsApp:+44(0)77 911 45 923, Skype: immigration_lawyer

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В 6/15/2020 в 9:48 AM, British Lawyer сказал:

Сейчас это изменилось. См. информацию выше.

British Lawyer ,пересмотрела, не вижу информацию . 

Будьте любезны прокомментируйте опять, in your convince please 

 

Спасибо :)

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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.

Помощь русскоговорящего адвоката высшей категории: консультации, проверка заявлений, ведение дел:  www.legalcentre.org  Mob/Viber/WhatsApp:+44(0)77 911 45 923, Skype: immigration_lawyer

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Помогите пожалуйста разобраться: мне надо продлить визу жены, BRP истекает 22.09.20. Муж-бритиш не трудоустроен с мая . Он работал по контракту с хорошим доходом.

1. Могу ли я сейчас уже подаваться на extension, согласно новым изменениям из-за COVID19? 

2. Это extension в анкете надо указать/выбрать, как Family? or Settlement? 

3. Это будет финансовая категория подтверждения доходов "А"?  Или другая?  (Сбережения не можем подтвердить. )

4.муж не получал никакой финансовой помощи от государства,  так как он работал по контракту.  Может он что то не допонял  и ему полагается какая-то финансовая поддержка? 

 

Изменено пользователем LissaV
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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.

Помощь русскоговорящего адвоката высшей категории: консультации, проверка заявлений, ведение дел:  www.legalcentre.org  Mob/Viber/WhatsApp:+44(0)77 911 45 923, Skype: immigration_lawyer

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Вчера думала, что могу продлить визу жены на второй срок и без работы мужа, а сегодня уже сильно сомневаюсь. 

Изменено пользователем LissaV
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См.  что по этому поводу говорит первоисточник (29-07-2020): https://www.gov.uk/guidance/coronavirus-covid-19-advice-for-uk-visa-applicants-and-temporary-uk-residents#outside-uk

Changes to the minimum income and adequate maintenance requirement

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>>> 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."

 

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6 часов назад, LissaV сказал:

Thank you. 

Пожалуйста.

Рад был помочь Вам.

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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%3A%2F%2Fassets.publishing.service.gov.uk%2Fgovernment%2Fuploads%2Fsystem%2Fuploads%2Fattachment_data%2Ffile%2F901579%2Fappendix-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

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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.

Помощь русскоговорящего адвоката высшей категории: консультации, проверка заявлений, ведение дел:  www.legalcentre.org  Mob/Viber/WhatsApp:+44(0)77 911 45 923, Skype: immigration_lawyer

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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”

Помощь русскоговорящего адвоката высшей категории: консультации, проверка заявлений, ведение дел:  www.legalcentre.org  Mob/Viber/WhatsApp:+44(0)77 911 45 923, Skype: immigration_lawyer

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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.

Помощь русскоговорящего адвоката высшей категории: консультации, проверка заявлений, ведение дел:  www.legalcentre.org  Mob/Viber/WhatsApp:+44(0)77 911 45 923, Skype: immigration_lawyer

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>>> Coronavirus (COVID-19): advice for UK visa applicants and temporary UK residents: https://www.gov.uk/guidance/coronavi...tent=immediate

Visa application centres reopening and other updates.

"If your leave expires after 1 September 2020

You can submit an application form from within the UK where you would usually need to apply for a visa from your home country.
You’ll need to show your application is urgent, for example if you need to start a new job or course of study.

You’ll need to pay the fees and meet all requirements of your visa as normal, except the need to submit the application in your home country.

This is being kept under review."

Помощь русскоговорящего адвоката высшей категории: консультации, проверка заявлений, ведение дел:  www.legalcentre.org  Mob/Viber/WhatsApp:+44(0)77 911 45 923, Skype: immigration_lawyer

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09 September 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)

>>>   Grace period - Home Office - COVID19

From the Home Office:

"People who had a visa that expired between 24th January and 31st July 2020 were exceptionally able to apply for an extension in country, if they were unable to leave the country because of covid-19 travel restrictions or self-isolation because of coronavirus.

In addition, for people whose leave expired, including for those that had an in-country extension, between 24th January and 31st August there was a grace period from 1st and 31st August.

We have now passed the 31 August date and, as travel restrictions are being lifted globally, there will be no extension to the terms of the grace period. Individuals affected will be expected to take all reasonable steps to leave the UK, or apply to regularise their stay in the UK.

However, if people are wanting to leave the UK but are unable to (for example, because they cannot find a flight before their leave expires, or they have coronavirus) and they have leave that expires between 1st September and 31st October they can contact the Coronavirus Immigration Team (CIT) to request additional time to stay, also known as ‘exceptional assurance’.

If a person is granted ‘exceptional assurance’, it will act as a short-term protection against any adverse action or consequences after an individual’s leave has expired. Exceptional assurance does not grant an individual leave.

Further information on the end of the grace period and the process for applying for ‘exceptional assurance’ can be found here: https://www.gov.uk/guidance/coronavirus-covid-19-advice-for-uk-visa-applicants-and-temporary-uk-residents
 

Помощь русскоговорящего адвоката высшей категории: консультации, проверка заявлений, ведение дел:  www.legalcentre.org  Mob/Viber/WhatsApp:+44(0)77 911 45 923, Skype: immigration_lawyer

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