LS Legal News Bulletin
Update: Questions & Answers - 9 June 2020
Tuesday 9th June 2020
During the global crisis caused by COVID-19, it is positive to note the temporary concessions that have been introduced by the Home Office on 9 June 2020 in relation to requirements of the family Immigration Rules which will help many individuals with their immigration concerns.
The temporary concessions will help those applying to enter or remain in the United Kingdom on the basis of their family or private life. Please find below some of the questions and answers that will be helpful to you.
Q: If I am not able to travel back to the UK due to the travel restrictions, will my continuous residence in the UK be broken?
A: If you are unable to travel back to the UK due to coronavirus travel restrictions and your leave has expired, a short break in continuous residence will be overlooked by the Home Office however, it has not been clarified as to what a "short break" will entail in this context. You are expected to make your next application as soon as possible.
Q: I have arrived having been issued with a Marriage Visitor visa, but my wedding has been delayed. Will I be able to extend my leave in the UK?
A: If you are in the UK on a 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:
1. Request an extension until 31 July 2020 by updating your records with the Coronavirus Immigration Team, or
2. Apply to extend your stay for a further 6 months to allow the marriage ceremony to take place.
Please note that if you have already requested your leave to be extended before 31 May 2020, your visa will be automatically extended until 31 July 2020.
Q: I will be applying to extend my visa under provisions of the Appendix FM, but there has been a drop of income in our family. Will I be able to meet the financial requirement?
A: If you have experienced a loss of income due to coronavirus, the Home Office will consider employment income for the period immediately before the loss of income due to coronavirus, provided that the financial requirement was met for at least 6 months (up to March 2020).
If you are employed and your salary has reduced because you are furloughed, your income will be counted as though you are 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.
Q: I have submitted my application but not able to provide specified documents because of the coronavirus, will my application be refused?
A: In some cases, the Home Office will be able to decide an application without seeing certain specified documents if they cannot be provided due to coronavirus. Otherwise, you may be asked to submit the specified documents after the date of application.
We strongly advise you to keep the evidence of any attempts to obtain specified documents and provide the specified documents to support your application as soon as it becomes available.
Q: I am not able to provide a mandatory English language certificate in support of my application, will my application be refused?
A: If you are required to take an English language test in order to meet the requirements of your application, you can request an exemption if the test centre was closed or you could not travel to take the exam due to coronavirus.
We hope the above information will be useful to you.
Still need assistance?
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