Concessions in the Immigration Rules due to the COVID-19 Situation

 

Due to the Covid-19 pandemic, many individuals applying for entry clearance and leave to remain are unable to meet the minimum income requirements specified in the family Immigration rules

In view of the situation, the Home Office in the UK has made reasonable concessions to the minimum income requirements for the applicants. It is to ensure that applicants are not deprived of visas because of situations beyond their control.

According to the Home Office guidance, income received through the Coronavirus Job Retention Scheme or the Coronavirus Self-Employment Income Support Scheme counts as employment or self-employment income.

The guidance goes on to mention that if there is evidence of a temporary loss of income between 1 Mar 2020 and 1 Jan 2021 due to the pandemic situation, the following concessions apply:

  • A temporary loss of employment income will be disregarded if the applicant has met the minimum income requirements for at least 6 months prior to the date of losing the income
  • A temporary loss of annual income will be disregarded for self-employment income. Whatever impact the loss of annual income has on the employment income for the same period will also be disregarded in future applications

Note:

  • Applicants and sponsors furloughed under the Coronavirus Job Retention Scheme or the Coronavirus Self-Employment Income Support Scheme will be considered as earning 100% of their salary
  • If an applicant or sponsor is unable to gather the needed evidence because of the pandemic restrictions, evidential flexibility will apply

For further enquiries in this regard, please contact Aristone Solicitors for guidance.

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