Coronavirus and the UK immigration system (as of 15 April 2020)

Sponsor duties under Tier 2, Tier 4 and Tier 5 visa categories

There is now separate coronavirus guidance for organisations that sponsor overseas workers or students under Tiers 2, 4 and 5 of the Points Based System. It promises:

We will not take enforcement action against sponsors who continue to sponsor students or employees despite absences due to coronavirus.

Sponsors are not currently required to report any absences from students or employees sponsored under Tier 2, Tier 4, or Tier 5, where those absences have been the result of the consequences of the coronavirus outbreak. 

Finally, an important addition on 14 April allows students to start their studies / employees to start working even if they are still waiting for a Tier 2, 4 or 5 application to be decided. 

UK visa application centres

Within the UK

As of 14 April, it is also possible for people waiting for a decision on a student or work visa to start working/studying in the meantime, so long as they meet certain conditions, such as:

For Tier 4 visa applicants:

• your sponsor is a Tier 4 sponsor

• you have been given a confirmation of acceptance for studies (CAS)

• you submitted your application before your current visa expired and you show your sponsor evidence of this

• the course you start is the same as the one listed on your CAS

• you have a valid Academic Technology Approval Scheme (ATAS) certificate if required

For Tier 2 and Tier 5 visa applicants:

You can start work before your visa application has been decided if:

• you have been assigned a Certificate of Sponsorship (CoS)

• you submitted your application before your current visa expired and you show your sponsor evidence of this

• the job you start is the same as the one listed on your CoS

Enforcement of immigration rules

Removals

The widespread cancellation of flights has obvious ramifications for enforced returns as well. But as with immigration detention, there appears to be no general policy under which enforced returns are suspended. Overstayers are still being told to leave.