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Home Office coronavirus immigration guidance updated for those applying to enter or remain on the basis of family or private life

Summary:

Loss of earnings caused by pandemic will be taken into account for minimum income requirement for partner visas

Date of Publication:
09 June 2020

Home Office coronavirus immigration guidance updated for those applying to enter or remain on the basis of family or private life

09 June 2020
EIN

The Home Office has today updated its coronavirus advice for UK visa applicants and temporary UK residents.

VisaAn important new section has been added with details of temporary concessions for those applying to enter or remain on the basis of family or private life.

It includes information that the minimum income requirement for partner visas will take into account the economic impact of the pandemic on earnings. Furloughed salaries, for example, will not be counted as a reduction in income. For the self-employed, any loss of income between 1 March and 31 July will generally be disregarded.

As noted by The Independent, there was some confusion after the new section was available late yesterday and early this morning but was then removed. It reappeared later in the day.

According to The Independent, a line stating that partner visa-holders would "not be disadvantaged" had been removed from the guidance when it reappeared.

The section as currently published is as follows, but please refer to the original guidance here for the latest information:

"If you're applying to enter the UK or remain on the basis of family or private life

There are temporary concessions in place if you're unable to meet the requirements of the family Immigration Rules to enter or remain in the UK due to coronavirus.

If you're 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. You are expected to make your next application as soon as possible.

Fiancés, fiancées or proposed civil partners

If you're here with 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 request an extension until 31 July 2020 by updating your records with the Coronavirus Immigration Team, or apply to extend your stay for a further 6 months to allow the ceremony to take place.

Changes to the minimum income and adequate maintenance requirement

If you have experienced a loss of income due to coronavirus, we will consider employment income for the period immediately before the loss of income due to coronavirus, provided the requirement was met for at least 6 months up to March 2020.

If your salary has reduced because you're furloughed, we will take account of your income as though you're earning 100% of your salary.

If you're 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.

If you're unable to provide specified documents

In some cases, we will be able to decide your application without seeing certain specified documents if you cannot get them due to coronavirus. Otherwise, you may be asked to submit the specified documents after the date of application.

Changes to the English language requirement

If you're asked to take an English language test as part of your application, you can apply for an exemption if the test centre was closed or you couldn't travel to it due to coronavirus when you applied."