On 26 March 2021, the Home Office updated its ‘Coronavirus (COVID-19): advice for UK visa applicants and temporary UK residents’ in relation to those migrants who intend to remain in the UK.
The new policy states:
“In order to remain in the UK, you will need to apply for the relevant permission to stay. Where eligible, you’ll be able to submit a permission to stay application form from within the UK.
You’ll need to meet the requirements of the route you’re applying for and pay the UK application fee”.
The policy no longer explicitly states that migrants will be able to switch to long-term visa routes from within the UK in circumstances where they would usually need to apply for entry clearance.
It is also notable that there is no further guidance or definition offered on who is considered ‘eligible’ under the concession.
Gherson has written to the Home Office for further clarification regarding this issue and were informed that:
“It is not possible to switch into short term visa routes where applications can only be made outside of the UK, such as:
Youth Mobility Scheme Visa (T5)
Temporary Worker – Seasonal Worker Visa (T5)
Chevening, Commonwealth and Marshall scholars
Overseas Domestic Workers”.
The Home Office did not state in their response that it is not possible to switch into long term visa routes where applications should normally be made from outside the UK. However, any application which is made under this premise will need to be approached with caution.
Please do contact us if you are unable to leave the UK before the expiry of your visa due to Coronavirus, or if you wish to submit a visa application from within the UK.
Please note that the information in this blog is current at the date and time of posting. The situation regarding policy and guidance based on the COVID-19 pandemic is subject to change at short notice. We shall be monitoring all aspects of UK immigration which may be impacted by the coronavirus closely, so please do keep updated with further blogs and articles which we will be posting on this site.
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.
Immigration Consultant and Trainee Solicitor in our Private Client Department