The Covid Visa Concession Scheme (CVCS)

The eligibility for the CVCS

The CVCS only applies to individuals who had left the UK before 17 March 2020 and due to the change in travel restrictions, found themselves unable to return to the UK to renew their application. Other than making an application, individuals must also meet the following requirements in order to return to the UK:

• Have left the UK before 17 March 2020.

• The travel restrictions caused by COVID-19 have left them unable to return to the UK and subsequently their leave/immigration status has expired.

• They intend to return to the UK once the UKVI has given them permission and will do so within 21 days of receiving this, unless:

• The travel restrictions associated with COVID-19 have left them unable to travel.

• The individual has decided not to travel due to the risk which COVID-19 poses to either themselves or their family members.

• Once in the UK, a Border Force Officer is satisfied with the results of the individual’s identity and security checks.

If the requirements have been met then individuals will be granted leave outside of the Immigration Rules (LOTR) on arrival which will be valid for 3-months. Individuals who are granted leave will be held/subject to the same conditions as their previous grant of leave. Those who return to the UK through the CVCS are not able to leave the UK and return under the CVCS more than once.

Individuals who left the UK after 17 March 2020, may still be eligible for leave under the CVCS if there are compelling or compassionate reasons as to why the individual left the UK. Examples of these reasons may include:

• Serious illness or death of a close relative overseas.

• Travel for the purpose of receiving medical treatment overseas.

Leave to Remain and immigration routes

Family and Private Life Concession

If an individual had indefinite leave to remain on a family and private life route, but were unable to return to the UK due to the travel restrictions brought about by COVID, then a break of 6-months in continuous residence will be overlooked. 

In the instances when an individual’s leave expires between March 1 2020 and 30 June 2021, then there will be no adverse immigration consequences because of this break in continuous residence. However, affected individuals are expected to make their application as soon as possible.

Future Applications

If an individual’s leave has expired whilst they have been abroad and have consequently been unable to return to the UK then they may impact future applications for indefinite leave. This is because these absences from the UK may be considered during the application process when assessing an individual’s continuous residence in the UK.However, an absence caused by COVID-19 should not be detrimental to future immigration applications because the Appendix Continuous Residence states that an absence from the UK because of a pandemic won’t count as a break in continuous residence in a future immigration application.

Tier 1 Entrepreneur Extension Applications

Many entrepreneurs will have seen disruption to their business over the last 12 months and therefore may not be able to satisfy the requirement to employ 2 people for 12 months in order to qualify for an extension. The Home Office have introduced the following concessions to entrepreneurs that are affected:

• The 12-month period employment requirement can be made up of multiple jobs across different months, but must be the equivalent to 2 full time jobs when combined; or

• If you have not been able to employ staff for 12 months by the time your visa expires, you will be allowed to extend your stay for a further 2 years, if; you can show that you have created at least 2 jobs for settled workers at the point of making the application; or

• Applicants granted an extension without demonstrating that they have not created at least 2 jobs for the 12-month period required will need to demonstrate this at their next application in addition to the job creation requirement for that application.

Graduate Entrepreneur and Start-Up Visa Holders

If your business has been disrupted because of COVID-19 then:

• You can apply for additional leave of 12 months so you can continue developing your business against your agreed business plan; and

• You must meet the requirements of the route as normal, including being endorsed by the university. They must be satisfied that reasonable progress has been made, taking into consideration the impact of coronavirus and that the business remains viable; and

• Your university must provide you with an endorsement letter. This must state it is an application for a temporary extension by completing the relevant sections and providing the required information, within the endorsement letter.