The impact of COVID-19 on the immigration system: the good, the bad and the recommendations by Charlotte Rubin

COVID-19 makes it difficult, if not impossible to operate a normal immigration system. Travel restrictions make entering or leaving the UK a complex process, implementing ordinary work or income requirements for visas can undermine public health messages, and to make matters worse, the Home Office itself has been heavily impacted by the government-imposed lockdown, as their staffing levels have suffered and their workload is constantly changing. It is therefore not surprising that numerous changes aimed at ensuring that the UK’s immigration and visa systems continues to function properly have been announced in the past few months. Last week, a cross-party Home Affairs Select Committee published its report on the Home Office response to the impact of COVID-19 on the immigration and visa systems.

In the report, the Committee welcomes the government decision to scrap the immigration health surcharge for all NHS and social care workers, calling it “a recognition of the contribution made by the front-line workers fighting COVID-19.” However, it is said not to go far enough. Committee Chair Yvette Cooper MP said: “It is very welcome that the Government has agreed to waive the Immigration Health Surcharge and extend the bereavement scheme for NHS and social care workers. However, most care workers and low-paid NHS support staff are still excluded from receiving the free one-year visa extension granted to clinical staff, and as a result could be facing costs of hundreds or thousands of pounds this summer.

The Committee therefore recommends to open free visa extensions to the same range of employees as they have done for the immigration health surcharge waiver. It also recommends simplifying (and lowering the price tag) of paths to British citizenship and permanent residency to those health and social care workers who risked their lives during the pandemic.

“Excluding the care workers who hold dying residents' hands, the cleaners who scrub the door handles and floors of the COVID-19 wards, or the porters who take patients to intensive care is just wrong. The Government must ensure that all measures of support for NHS and care workers apply to all frontline staff equally, irrespective of grade or job title.”

The Committee also evaluated visa extensions for non-NHS staff. When announcing the Home Office policy change which allowed all visas due to expire before 31 July 2020 to be extended, the Home Secretary said that “nobody will be punished for circumstances outside of their control”. To make good on that promise, the Committee recommends that the Home Office implement automatic, blanket visa extensions instead of making individuals apply for them via email, to ensure that individuals do not overstay their visa unintentionally.

Highlighting a concern which lawyers and immigration experts flagged up immediately after the visa extensions were made public, the report reiterates there is currently no legal basis for any of these extensions. Individuals relying on government policy announcements (which can be changed at any given time and lack legal foundation) need legal reassurance that their extension is lawful and valid and that they can continue to live and work in the UK. The Committee therefore recommends that the Home Office implements a statutory instrument (a form of secondary legislation) to clarify the legal basis of both the extension of leave for all individuals who are unable to leave the country before the expiry of their current visa, and for the automatic extension of leave offered to NHS staff.

Analysing the financial impact of the coronavirus on the visa system as a whole, the report acknowledges the disruption and economic impact of COVID-19, recognising that many individuals have lost their jobs or seen their income significantly reduced through no fault of their own. It is within this context that the Committee recommends adapting visa requirements such as the Minimum Income requirement to take loss of income due to COVID-19 into account when evaluating applications. In order to ensure public health and safety for all, the Government is also urged to lift the No Recourse to Public Funds (NRPF) conditions, which caused turmoil a few weeks ago when it seemed like the PM was not aware of the policy’s existence. The Committee Chair said the government “needs to make sure that these exceptional Covid-19 circumstances aren't pushing families into desperate hardship because of the NRPF rules which prevent them getting the urgent support they need.”

Last but not least, the Home Affairs Committee evaluated the impact of the coronavirus on the EU Settlement Scheme (EUSS), calling upon the Home Office to step up their efforts to identify vulnerable persons who may not have applied to the EUSS yet.

The report shows that COVID-19 has exacerbated the underlying problems of the EUSS. One of those problems is the lack of information on how the Home Office will approach late applications (applications made after the deadline of 30 June 2021.) The Home Affairs Committee recommendations include a clarification of what support will be provided to assist vulnerable individuals in applying, especially for children in care, given that there is a low application rate for that particular group of people. At the minimum, it is said local authorities should increase their work to identify EU children in care who have not yet applied to the scheme, but ideally, more comprehensive measures should be implemented. The Committee therefore recommends that the Home Office grant automatic Settled Status to all children in care and care leavers, without requiring them to explicitly apply.

The Committee also calls on the Home Office to clarify the legal position of those with pre-settled status. During the pandemic, people with pre-settled status have questioned whether they are able to access all public funds, specifically whether they can get benefits, or whether those rights are reserved for people with indefinite leave to remain only.

To sum up, just like many experts in the area, the Committee is willing to cut the Home Office some slack in these unprecedented times. It is appreciated that going through the normal routes to introduce new policies is made complicated by circumstances outside of the government’s control. However, it is in times like these that guidance needs to be clear, unambiguous, and publicly available so that practitioners know the law, visa holders feel secure, and the Home Office act legally to address the issues we face.

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