News and Updates

Coronavirus Covid-19 Crisis and International Surrogacy Arrangements

26th March 2020 By Barry O’Leary

We frequently assist parents with the immigration and nationality matters which arise when children are born following international surrogacy arrangements.

We are aware that the coronavirus covid-19 crisis is causing difficulties for parents whose children are born overseas to surrogate mothers.

We have, with our friends at NGA Law, raised this matter with the Home Secretary. The Home Office have been in contact with us to look to find solutions for children who are born British and those who need to register as British Citizens.

I will update when I have further information but you are welcome to contact me on barry@gryklaw.com

Barry O’Leary is the author of the ‘International Surrogacy and British Nationality and Immigration Law chapter in “Surrogacy: Law, Practice and Policy in England and Wales.”

Described as “the Rolls-Royce of immigration and asylum,” Barry O’Leary is highly valued for his successes with family, partnership, international surrogacy and sexual identity cases. An interviewee says: “He’s a very experienced solicitor who does fantastic work across the board.” – Chambers 2020

“Barry O’Leary is experienced in applications based on partnership and family and in relation to international surrogacy arrangements, while he also handles asylum and human rights claims based on sexual identity.” – Legal 500 2020

Extend your visa if you cannot leave the UK because of coronavirus

25th March 2020 By Nath Gbikpi

Yesterday, the Home Office published new guidance for migrants affected by the coronavirus pandemic.

If your visa expires between 24 January and 31 May 2020

If your visa expires between 24 January 2020 and 31 May 2020, and you cannot leave the UK because of travel restrictions or self-isolation related to coronavirus, you will be able to apply for an extension.

There are a couple of points to note, however:

Your visa will not be automatically extended. You must apply for your visa to be extended. You should contact the Coronavirus Immigration Team and provide your full name, date of birth, nationality, visa reference number and an explanation of why you cannot return to your home country. The Home Office should then confirm to you that your request has been received, and until when your visa has been extended.
The Home Office confirms that “Those who contact the Home Office for these visa extensions will be expected to return to their home countries as soon as possible once flight and border restrictions are lifted”. If you wish to remain in the UK long-term, see below.

If you wish to remain in the UK long-term

Some applications would usually need to be made from your country of origin. For example, if you are in the UK as a student and wish to apply under the Global Talent category, you would usually need to leave the UK and apply for a Global Talent visa from abroad. Similarly, if you are in the UK as a visitor and wish to apply to remain on the basis of a relationship with a British citizen, you would usually need to leave the UK and apply for a partner visa from your country of origin.

The Home Office guidance confirms that, if your visa expires between 24 January and 31 May 2020, you will be allowed to make such application from within the UK. You will still be expected to pay for your application and show that you meet the relevant immigration requirements. At the moment, such application must be made before 31 May 2020.

If you have reporting conditions

The Home Office has also updated their guidance for those who are required to sign at a Home Office reporting centre on a regular basis. It states that:

Following Public Health England’s advice on coronavirus (COVID-19), the Home Office has decided that reporting as a condition of immigration bail should be temporarily deferred while it reviews how frequently people should report. You will receive an SMS text message soon with details of your next reporting date.

Still many unanswered questions

Overall, this is good news for many migrants in the UK, however a lot of questions remain unanswered. For example, we know that some people are struggling to take English language tests or Life in the UK tests because the centres are closed. We also know that some are worried about losing their jobs and not being able to meet the Immigration Rules of their applications. Others are worried about losing their jobs but not being able to access benefits. We urge the Home Office to issue guidance on this as soon as possible.

In the meantime, if you are concerned about your immigration status in these uncertain and unprecedented times, please contact us on contact@gryklaw.com.

What measures could UKVI take now to help ‘flatten the curve’ while maintaining the immigration system?

17th March 2020 By Diana Baxter

Given the current Covid-19 crisis and need for us all to increase social distancing, the Home Office needs to issue clear and swift guidance to migrants in the UK on their position.

Such measures could include:

Temporary waiver on the need for biometric enrolment. By doing this, applicants could submit extension applications online and submit supporting documents, which can then be transmitted online to a Home Office caseworker, without the need for in-person interaction by the client, Sopra Steria employee or Home Office caseworker. A small number of appointments would need to be maintained for vulnerable clients who need scanning and online assistance.
Online temporary fee waiver application, that can be submitted at the same time as online visa application, to allow persons to remain lawfully present in the UK but who may not be able to afford the fees, especially in cases of redundancy / reduced hours as a result of Covid-19.
All NHS employees, paramedics and other essential service workers should be given automatic fee waivers.
Extension of automatic grant of leave to those currently in the UK but who cannot return overseas due to Covid-19.
End immigration detention to prevent the spread of Covid-19 throughout detention centres.

For now, the immigration tribunals remain operating as normal but with people advised to contact the tribunal if the appellant, sponsor, any witness or representative needs to self-isolate and so cannot attend.

Please contact us should you need advice at this time on your individual circumstances: contact@gryklaw.com

Measures in response to the Covid-19 outbreak

16th March 2020 By Tom Oiller

In response to the ongoing Covid-19 outbreak, and as a protective measure for both our clients and staff, we will no longer be arranging in office appointments for consultations.

However, please rest assured that our active caseload will not be affected by this decision and we are able to continue to offer consultations over the phone (or using internet methods).

If you have a new matter that you would like assistance with, please get in touch by email to contact@gryklaw.com or by phone to 020 7401 6887.

We continue to be able to deal with all immigration and nationality law matters, and also any specific issues that arise from the Covid-19 outbreak.

Increase in the Immigration Health Surcharge

12th March 2020 By Alamara Khwaja Bettum

Embed from Getty Images

The Home Office’s annual Budget, released yesterday, will institute an increase in the Immigration Health Surcharge from the current level of £400 per year to £624 per year. Students, their dependants and those on the Youth Mobility Scheme also face an increase in the IHS fee from £300 to £470. Children under the age of 18 will also be charged £470 per year. This is, therefore, an increase for every applicant.

The fee hike will be implemented from October 2020 and from January 2021 onwards will include future temporary EEA migrants.

Migrants, like British citizens, already pay for the NHS through taxation and national insurance contributions. What the surcharge, in fact represents, is an additional levy on immigration. There is no doubt that this increase in fees will place an additional burden on migrants who already face hefty visa application fees.

If you would like more information on how this could affect you or advice on whether you are eligible to make an application before October 2020, please contact Wesley Gryk Solicitors at contact@gryklaw.com.