IMPACT – HIGH

The Home Office has updated its guidance for foreign nationals outside the U.K. whose recently approved 30-day entry visa to work, study or join family in the U.K. has expired or is due to expire.

Key Points:

  • If the 30-day visa to travel to the U.K. has expired or is due to expire, a replacement visa can be requested free of charge until the end of 2020; however, foreign nationals cannot travel on an expired vignette and must follow the steps outlined below.
  • Those affected are required to contact the Home Office’s Coronavirus Immigration Help Centre via email. The visa applicant’s name, nationality, date of birth and the ‘GWF’ visa application reference number must be provided. The subject line of the email must be entitled “REPLACEMENT 30 DAY VISA.”
  • Affected applicants will be contacted once visa centers reopen to allow the replacement 30-day visa to be endorsed in the passport.
  • Once they arrive in the U.K. on the re-issued 30-day visa label, they will be able to collect their Biometric Residence Permit (BRP). The guidance confirms any such individuals will not be penalized for late collection of the BRP while the COVID-19 measures are in place.

Analysis & Comments: The response to the COVID-19 pandemic continues to develop, and Deloitte will provide additional updates as information becomes available. Please check Deloitte’s COVID-19 Digital Map, available here, for information on travel restrictions and immigration changes in other countries.

Rest of World Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This includes Deloitte Tax LLP in the United States which does not provide legal and/or immigration advice or services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication.

IMPACT – HIGH

The Home Office has released a guide for employers as it prepares to switch to a new points-based immigration system next year. The system will replace free movement for EU nationals. The Home Office reminded employers that they will need to be approved sponsors to recruit EU workers beginning Jan. 1. Applications for EU nationals planning on migrating to the U.K. on or after Jan. 1, 2021, will be accepted this fall.

The key points in the guide are as follows:

  • The points system will not apply to EU nationals already in the U.K. on Dec. 31, 2020. EU nationals in the U.K. before next year must apply for the EU Settlement Scheme by June 30, 2021. The new points system will not apply to them and they will retain free movement.
  • The new points system for skilled workers will be introduced Jan. 1, 2021. Beginning next year, skilled workers will need to reach at least 70 points on a new points system in order to apply to work in the U.K. All applicants will be required to (1) have a job offer from a Home Office-approved sponsor at (2) the skill level of RFQ 3 or higher and (3) speak English. Meeting these criteria will leave an applicant with a total of 50 points. To reach 70 points, candidates must earn additional points based on their salary level, working in a shortage occupation or having a Ph.D. in a relevant field. Points will be allocated as follows:
Characteristics Tradeable Points
Offer of job by approved sponsor No 20
Job at appropriate skill level No 20
Speaks English at required level No 10
Salary of £20,480 to £23,039 Yes 0
Salary of £23,040 to £25,599 Yes 10
Salary of £25,600 or above Yes 20
Job in a shortage occupation, as designated by the MAC Yes 20
Education qualification: Ph.D. relevant to the job Yes 10
Education qualification: STEM Ph.D. relevant to the job Yes 20
  • Employers can check online to see if a job meets the required skill level. Employers can use the ONS Occupation Coding Tool to find the relevant Standard Occupational Classification (SOC) code for a given job. They can then check Appendix J of the Immigration Rules for the current skill levels for SOC codes. The Home Office said the U.K.’s immigration rules will be updated to expand the number of jobs that can be filled through the Skilled Worker route. Additional information is expected in the coming months.
  • The Global Talent route will open to highly skilled EU nationals on Jan. 1. Highly skilled workers who meet the required number of points under this route will be able to enter the U.K. without a job offer it they are endorsed by the relevant body. The Home Office said that in the long-term an unsponsored route will be developed for highly skilled workers, allowing for a small number of the most skilled applicants to come to the U.K. without a job offer.
  • There will be no specific route for lower-skilled workers. The Home Office said, however, that the new immigration system for skilled workers will offer employers greater flexibility on salary and skills requirements. Officials also noted that employers will be able to hire lower-skilled workers through the youth mobility scheme.
  • Other routes for scientists, graduates and NHS workers will be established. These routes will also be designed to provide employers with additional flexibility, the Home Office said. Additional information is expected in the coming months.
  • Employers will need to be approved sponsors to recruit EU workers beginning Jan. 1. To become approved sponsors, employers must (1) check if their business is eligible; (2) determine what type of license they want to obtain (i.e., Tier 2 – skilled workers with long-term job offers, Tier 5 – skilled temporary workers, or both); (3) identify employees who will manage the sponsorship; and (4) apply and pay a fee online. Additional information is available here.
  • Applications for the new immigrations will be accepted beginning in fall 2020. Applicants will apply and pay visa fees online. Those in the U.K. as visitors will not be able to apply for visas while in the country.

Additional information: EU nationals will not need a visa to enter the U.K. as visitors. Those planning on coming as migrants will be required to apply for a visa online and go to a Visa Application Centre to have their biometrics taken. EU nationals will be permitted to use e-gates when entering the U.K., though this policy will remain under review. During a six-month transition period, employers, landlords and public service providers will accept passports and national ID cards from EU nationals as evidence of permission to work in the U.K. This transition period will end June 30, 2021. Failing to leave the U.K. after leave has expired, or failing to leave on time, will impact an individual’s migration status and may negatively affect future interactions with U.K. immigration authorities.

Analysis & Comments: The Home Office guidance provides a blueprint for U.K. companies to plan for recruitment, talent acquisition and retention after free movement ends. Employers are reminded that under the transition period, EU nationals who are living in the U.K. as of the end of 2020 must apply under the EU Settlement Scheme by June 30, 2021. Deloitte will provide additional updates on the transition to the new immigration system as information becomes available.

Rest of World Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This includes Deloitte Tax LLP in the United States which does not provide legal and/or immigration advice or services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication.

IMPACT – HIGH

The Home Office has updated its guidance for sponsors of Tier 2, 4 and 5 visas in light of the COVID-19 situation. Additional updates have been issued for Tier 1 Entrepreneur and Global Talent, Start-up and Innovation visa applicants.

Key points:

Salary reductions

  • Employers who have suspended or reduced operations because of coronavirus may temporarily reduce the pay of sponsored employees to 80% of their salary or £2,500 per month, whichever is less.
  • Any salary reductions must be part of a company-wide policy to avoid layoffs that treats all workers the same.
  • These salary reductions must be temporary and the employee’s pay must return to at least previous levels once these arrangements have ended.
  • The Home Office has confirmed that payments through the Job Retention Scheme do not count as public funds for immigration purposes.

Certificate of Sponsorship (CoS)

  • If a sponsor has already issued a CoS and the employee has not yet applied for a visa, they will still be able to apply for a visa, and the Home Office will not automatically refuse cases where the start date changes. For example, the Home Office may accept on a case-by-case basis a CoS which has expired because the employee was unable to travel because of coronavirus.

Tier 1 Entrepreneur visa holders

  • Tier 1 Entrepreneur visa holders whose business has been disrupted because of coronavirus will no longer need to employ at least two people for 12 consecutive months each. They may count multiple employees across different months to make up the 12-month period.
  • Time when the employees were furloughed will not count towards the 12-month period.
  • Those unable to employ staff for 12 months total by the time their visa expires will be allowed to temporarily extend their stay to give them time to meet the requirement.

Global Talent, Start-up and Innovator visas

  • Individuals applying for Global Talent, Start-up or Innovator visas whose endorsement from an endorsing body has expired because they are unable to travel to the U.K. may still be eligible for a visa. Those individuals should continue to submit their applications, and the Home Office will consider all applications on a case-by-case basis.

Fees for 2020

  • There will be no increase to Home Office application fees this year.

Analysis & Comments: The updates provide important guidance for sponsors and offer flexibility to employers facing temporary reductions or suspension of services or delayed start dates of employees because of COVID-19. Deloitte is closely following developments and will report additional measures or clarifications as information becomes available.

Rest of World Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This includes Deloitte Tax LLP in the United States which does not provide legal and/or immigration advice or services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication.

IMPACT – HIGH

The Home Office has announced that in-country immigration-related processes deemed “non-essential” are suspended because of office closures.

Key Points:

  •  All Visa Application Centres in the U.K. are closed until further notice.
  • There will be no penalties for failure to attend a pre-booked online appointment or being unable to book an appointment. Those who booked an online appointment should receive an email canceling the appointment.
  • While applications under the EU Settlement Scheme can still be made online using the “EU Exit ID Document check app,” the postal route for submitting identity evidence is suspended. Documents sent by post cannot be accepted at this time.
  • Visiting the Overseas Visitors Records Office (OVRO) to register under the Police Registration Scheme is suspended. Those returning to their home country before completing registration should not face any difficulties when re-entering the U.K.
  • Life in the UK test centers are closed until April 13. For those who have booked an appointment, these will be rescheduled automatically to a date after April 13.
  • English language test centers are temporarily closed with the earliest appointment available mid-April, which could be subject to cancellation.

Additional information: Last week, the government announced that it would be extending visas for those unable to return to their home country because of COVID-19 related travel restrictions/quarantines.

Analysis & Comments: The suspension policy is good news for employers, as it will ease immigration requirements for affected foreign national employees and their dependents. The response to the COVID-19 pandemic continues to develop, and Deloitte will provide additional updates as information becomes available.

Rest of World Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This includes Deloitte Tax LLP in the United States which does not provide legal and/or immigration advice or services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2020. For information, contact Deloitte Touche Tohmatsu Limited.

IMPACT – HIGH

The government has made temporary adjustments to ease requirements for right to work checks.

Key Points:

  • Right to work checks can now officially be completed over video calls.
  • Job applicants and current workers can send scans or photographs of documents for right to work checks using email or a mobile app, rather than sending originals.
  • Employers should use the Employer Checking Service for prospective or current employees who are unable to provide documents for the right to work check. If the employee has a right to work, the service will send the employer a Positive Verification Notice that will provide a statutory excuse valid for six months.
  • For employees/applicants with a current Biometric Residence Permit/Biometric Residence Card or EU Settlement Scheme status employers can use the online right to work checking service during a video call. Employees/applicants must give the employer permission to view their details.
  • Once the temporary measures are lifted, employers must conduct retroactive right to work checks for employees who either began working during the temporary measures or required a follow-up check within eight weeks of the COVID-19 measures ending. The government will make an announcement when this occurs.

Additional information: Employers carrying out virtual right to work checks must have employees send a scan or photograph of their original documents and then have them hold up the original documents to the camera during a video call. Employers can check the gov.uk website for more information on right to work checks and employer obligations during COVID-19 measures.

Analysis & Comments: The ability to carry out virtual right to work checks is good news for employers, as it will allow them to complete the process while adhering to social distancing and self-isolation requirements. Please contact your Deloitte representative should you have any questions. The response to the COVID-19 pandemic continues to develop, and Deloitte will provide additional updates as information becomes available.

Rest of World Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This includes Deloitte Tax LLP in the United States which does not provide legal and/or immigration advice or services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2020. For information, contact Deloitte Touche Tohmatsu Limited.

IMPACT – HIGH

The government has announced visa extensions and other measures to ease immigration requirements during the COVID-19 pandemic.

Key Points:

  • Leave has been extended to May 31 for those whose leave expires between Jan 24 and May 31, and who are unable to return to their home country because of COVID-19 travel restrictions or quarantine.
  • The Home Office is temporarily expanding in-country switching provisions until May 31 for those wishing to apply for a visa to stay in the U.K. long term, e.g., from Tier 4 (Student) to Tier 2 (General Worker), while remaining in the U.K.
  • Visa sponsors may allow non-EU nationals currently in the U.K. for study or work to study or work from home.
  • Many U.K. Visa Application Centres (VAC) abroad remain closed or are offering limited services. Appointments for applicants at a VAC that is now closed will be canceled. Affected applicants in Europe, the Middle East and Africa can contact TLS contact, and all other applicants abroad can contact VFS global for more information.
  • British nationals abroad who require a passport, and whose local VAC is closed, can apply for an emergency travel document should they need to travel urgently.

Additional information: The Home Office will continue to review the situation and may extend the current date accordingly. UKVI has set up a COVID-19 immigration team to assist with the visa-extension process, and those whose visa has expired can contact the team via email for help with their extension. Deloitte can also support with this process. For more information and advice regarding immigration and the COVID-19 virus, visit the gov.uk website.

Analysis & Comments: The visa extension policy is good news for employers and their foreign national employees, as it should lessen compliance concerns amid travel restrictions and quarantine measures related to the COVID-19 pandemic. Foreign nationals who avail themselves of the visa extension policy, however, are reminded that they must return to their home country as soon as possible once travel restrictions are lifted. The response to the COVID-19 pandemic continues to develop, and Deloitte will provide additional updates as information becomes available.

Rest of World Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This includes Deloitte Tax LLP in the United States which does not provide legal and/or immigration advice or services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2020. For information, contact Deloitte Touche Tohmatsu Limited.

IMPACT – MEDIUM

Under the upcoming Statement of Immigration Changes that takes effect April 6, the United Kingdom will not raise the salary minimum for purposes of indefinite leave to remain. The statement also clarifies important aspects of the EU settlement scheme.

Key Changes:

  • The salary minimum for permanent resident applicants will remain at £35,800 and will not be increased to £36,200 for applications made on or after April 6 as previously scheduled.
  •  EEA nationals who apply for legal residence in the UK under the 2016 regulations before the end of the post-Brexit transition period (Dec. 31, 2020) will be able to use that document to apply under the EU Settlement Scheme.
  •  Changes are being made to expand and clarify the EU Settlement Scheme for family members and extended family members of EEA and of UK citizens.
  •  Individuals holding settled status (indefinite leave to remain) under the EU Settlement Scheme will not be subject to “returning resident provisions,” the two-year limit on absences from the U.K. Settled status will remain valid for absences from the U.K. of up to five years.

Analysis & Comments: The Statement of Changes provide some positive developments and clarifications for settlement applicants. Tier 2 (General) applicants applying for permanent residency based on five years of U.K. residency will not need to meet a higher salary threshold to be eligible, which means they could apply later this year. The clarifications on the EU Settlement Scheme will benefit EEA nationals and their family members, including extended family members.

Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2020. For information, contact Deloitte Touche Tohmatsu Limited.

IMPACT – MEDIUM

What is the change? An immigration bill has been submitted to parliament that will officially end free movement with the European Union, paving the way for the new U.K. points-based system in 2021.

What does the change mean? The Immigration and Social Security (EU Withdrawal) Bill would repeal provisions relating to EU free movement that are currently contained in U.K. law while codifying longstanding free movement rights of Irish nationals to visit, work and reside in the U.K. without immigration processing even after the end of the transition period.

  • Implementation time frame: The bill was introduced on March 5 to the House of Commons and would end free movement, ushering in a new immigration system from Jan. 1, 2021.
  • Affected nationals: New EU nationals arriving in the U.K. for the first time from Jan. 1 2021.
  • Business impact: The consequences of these changes are wide-ranging and include everything from new immigration requirements for EU/EEA nationals and their respective family members to navigating how different authorities handle social security provisions. Moreover, compliance measures will be expanded for employers while new restrictions on the level of skills and language requirements will have a significant impact on the workforce strategy of businesses across the U.K.

Background: The bill will formalize the end of free movement following the end of the transition period on Dec. 31, 2020. EU citizens will not be required to have a visa to enter the U.K. for visits lasting up to six months. However, the use of EEA national identity cards for purposes of entering the U.K. will be phased out this year. The Home Office is expected to release details in due course.

Analysis & Comments: The bill is expected to pass parliament shortly and companies should prepare for the new points-based system starting from Jan. 1 that will regulate all non-Irish international workers. Companies are reminded that EEA citizens and their family members who are living in the U.K. by the end of the transition period may apply for permanent residency through the EU Settlement Scheme until June 30, 2021.

Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2020. For information, contact Deloitte Touche Tohmatsu Limited.

IMPACT – HIGH

What is the change? The United Kingdom will increase the immigration health surcharge (IHS) from £400 to £624 per year.

What does the change mean? Starting in October, applicants applying for visas for longer than six months must pay the increased surcharge. Children will be subject to a new discounted rate of £470. The IHS for students and Youth Mobility Scheme applicants will also increase from £300 to £470.

  • Implementation time frame: October 2020.
  • Visas/permits affected: All visas for stays longer than six months in the U.K.
  • Business impact: Companies that pay the surcharge for employees and their family members should plan for significant increased costs. Employers are not reimbursed if the employment relationship ends before the full term.

Background: The U.K. introduced the immigration health surcharge in April 2015 to help cover costs of non-EEA expatriates’ use of the National Health Service. In January of last year, the surcharge was doubled from £200 to £400. The upcoming increase represents a 56% hike.

Analysis & Comments: The fee increase will mean a single applicant could be paying £3,120 for the IHS. Companies that cover the IHS on behalf of employees and their dependents should budget for the increases, which must be paid up front for each individual for the full duration of the visa at the time of application. This will also apply to EEA nationals upon the introduction of the new immigration system in January 2021.

Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2020. For information, contact Deloitte Touche Tohmatsu Limited.

IMPACT – HIGH

The U.K. Home Office has issued guidance for foreign nationals currently in the U.K. who cannot return to China because of the coronavirus outbreak. The guidance covers extensions for expiring visas, status letters, government helplines, as well as absences for sponsored students/employees and British nationals in China.

Key Points:

  • Chinese nationals whose visa has an expiration date of between Jan. 24, 2020 and March 30, 2020 will receive an automatic visa extension until March 31, 2020 that will be added to the UK Visas and Immigration system. There is no requirement for the Chinese national to do anything to get this extension. The extended visa will be subject to the same conditions as the previous visa. If a status letter or Biometric Residence Permit with an updated expiration date is required, visa holders should contact the coronavirus immigration helpline. For Chinese nationals who have already applied to extend their visa there is no requirement for them to take any additional steps, and if they intend to apply to extend leave in the U.K. before March 31 they should continue to do so.
  • The following individuals should contact the coronavirus immigration helpline to discuss their situation and request a visa extension if necessary: non-Chinese/non-EEA nationals who normally reside in China, Chinese nationals whose visa was granted by Irish authorities in accordance with the British Irish Visa Scheme, and Chinese nationals whose visa was granted by a Crown Dependency, and who are in the U.K. with a visa with an expiration date between Jan. 24 and March 30, 2020. UK Visas and Immigration (UKVI) will be able to extend visas to March 31, 2020 for individuals who demonstrate that they are normally resident in China.
  • Chinese nationals currently in the U.K. on a Tier 2 ICT visa who wish to switch to a Tier 2 General visa (provided they meet the usual criteria) can apply for the switch in the U.K. (normally they would have to return to China), if their visa has an expiration date between Jan. 24, 2020 and March 30, 2020.
  • British nationals whose passport is at a Visa Application Centre (VAC) in China can apply for an emergency travel document if they need to travel urgently.
  • Chinese or third-country nationals whose passport is at a VAC in China should contact Chinese authorities or their consulate to obtain an alternative travel document if they need to travel urgently.
  • Sponsors do not have to report absences they have authorized because of quarantine, etc., for Tier 4 students or Tier 2 or 5 employees, nor do they have to withdraw sponsorship for extended absences resulting from coronavirus-related circumstances. Decisions on whether to withdraw a student from their studies or terminate an employment are for sponsors to make. The Home Office recognizes the current situation is exceptional and will not take any compliance action against students or employees who are unable to attend to their studies/work due to the coronavirus outbreak, or against sponsors which authorize absences and continue to sponsor students or employees despite absences for this reason.

Analysis & Comments: The guidance indicates the U.K. government’s flexibility regarding Chinese and other foreign nationals whose ability to return to China is affected by coronavirus-related delays and restrictions. Employers and sponsors are urged to review guidance updates from Public Health England and must be prepared to be flexible with employee schedules and start dates for employees who are affected by travel restrictions and quarantines. Please contact your Deloitte professional if you would like to discuss any specific cases that may be impacted by coronavirus.

Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2020.