Friday, 1 October 2021

5 common 🇬🇧visa questions about Covid



Here we have rounded up the updated information on the most commonly asked questions about UK visas that are related to Covid disruption, which can also be found here.




#1 I had to stay outside the UK during the pandemic, will my (longer than planned) absences affect my next application? 

If you left and returned on the same visa, and had to stay abroad because of Covid, your absences wouldn't normally affect your next application. If your visa expired while you were abroad, and you are wondering whether a break between visas will affect your 'continuous residence’. Such as when counting ‘your’ 5 years for Settlement (Indefinite Leave). The answer is: if your visa expired between 1 March 2020 and 19 July 2021, a break of up to 6 months will be accepted. 


#2 My income was reduced and/or I was on furlough, how can I meet the Financial Requirement for a Spouse/Partner or family visa in my next application?

If your salary has reduced because you were furloughed, you can use income as though you were earning 100% of your salary. If your income reduced due to Coronavirus up to 31 October 2021, the short answer is you can use employment income from the period immediately before the loss of income. For a more detailed advice, please book an advice sessions with our lawyers.


#3 My business had to stop trading, how does it affect my immigration status?

For a Spouse/Partner visa, if you are self-employed, a loss of annual income due to Coronavirus between 1 March 2020 and 31 October 2021 can be disregarded. If you hold a Tier 1 Entrepreneur visa and your business was disrupted due to Covid, there are more flexible rules for Job Creation (ie not the usual ‘2 jobs for 12 months’), the furloughed workers are accepted, and also, a provision to extend your visa for another 2 years if you cannot meet the requirements for ‘normal’ extension or ILR. If you have a Start-up visa, you can request an extension for additional 12 months. For more details specific to your situation, please contact us.


#4 I submitted my application to switch to a Skilled Worker visa (or to change an employer), can I start this work while waiting for the decision? 

At the moment, you can only start your new job if you applied under the Health and Care Worker visa. If you are switching to a ’standard’ Skilled Worker visa, you would normally have to wait for the approval. Meanwhile, your status remains as on the previous visa. For example, if you asked to switched from a Student visa, your status remains Student until your Skilled Worker has been approved. Most Student visas allow to work full-time after the course ended, so, in this example, you could start a new job anyway. However, if you applied to change an employer, or change from a Tier 1 Entrepreneur visa, you’d have to wait for the decision. 


#5 I have overstayed my visa.

If your visa expired between 24 January 2020 and 31 August 2020 there will be no future adverse immigration consequences. However, if you have not applied to regularise your stay or submitted a request for an exceptional assurance you must make arrangements to leave the UK. Again, for an individual advice, please contact us.

1st 4Immigration is one of the most experienced UK immigration law companies, OISC - accredited at the highest Level 3. We have been in business for over 10 years, our OISC reference is 200800152, in which 2008 stands for the year accreditation. Office: Tower 42, 25 Old Broad Street, London, EC2N 1HN. 

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