Many South Africans who live, work or study in the UK are concerned about the effect of the COVID-19 pandemic on their immigration status in the UK. Many others were in the process of applying for UK visas when their plans were interrupted by international travel restrictions.
Fortunately, the UK Government has excellent programmes in place to assist workers in the UK during the pandemic. Breytenbachs has compiled some general guidelines for South Africans in the above circumstances.
Furlough and UK Immigration
The UK Government has announced a very advantageous grant for UK employers so they can place employees on furlough during the pandemic. This furlough entails that workers receive a grant from the UK government that covers 80% of their usual monthly wage, up to £2 500 per month.
Many South Africans in the UK are worried about the effect of being the furlough on their immigration status. Such grants are usually classified as “public funds”, and most immigration routes strictly prohibit access to public funds. Fortunately, the UK Home Office has explicitly stated that furlough will not be classified as “public funds” for immigration purposes.
South Africans who are placed on furlough in the UK thus can rest assured that this will not have an impact on their immigration status or any future visa application. Anybody who is placed on furlough will remain a worker.
Submitting a UK Visa application during the COVID-19 pandemic
Most UK visa application centres worldwide are closed. In some cases, it is possible to submit a visa application to the Home Office. However, it is not possible to book a biometric appointment, which means the visa application process is placed on hold.
Breytenbachs, however, recommend that clients who are interested in applying for UK visas take proactive steps. It can take four to eight weeks to prepare a UK visa application; it is thus now the ideal time to get the paperwork in order. Breytenbachs can assist in preparing the application, and original documents are not required. As soon as the UK visa application centres reopen, you can submit your application immediately.
Absence from the UK and indefinite leave to remain in the UK
Breytenbachs are also aware of South Africans who usually work in the UK on longer-term UK visas who are stuck in South Africa due to the travel ban but are now working remotely for their UK employers. Many of them are concerned about the effect this will have on their future application for indefinite leave to remain in the UK.
The UK visa rules state that you may not spend more than 180 days outside the UK during any 12-month period if you want to apply for indefinite leave to remain in the UK. Although the Home Office is very strict in applying this rule, they are lenient in their consideration of serious or compelling reasons for not complying to it if the applicant can provide evidence. There are currently no guidelines from the Home Office that the COVID-19 pandemic will qualify as a serious or compelling reason but we strongly believe that they will eventually include it.
We recommend that South Africans in such circumstances keep evidence of their inability to travel to the UK and of communication from their employer agreeing that they work remotely from South Africa.
If you have any immigration questions related to the COVID-19 pandemic that you would like Breytenbachs to address, please let us know. You may contact us at info@bic-immigration.com or visit our website at www.bic-immigration.com
