Immigration weekly update: August 06, 2020


United Kingdom: COVID-19 concessions end on visa extensions

On March 24, 2020, the U.K. Government announced immigration concessions for foreign nationals in the U.K. whose visas were due to expire. An online application process saw visas extended for those unable to leave due to travel restrictions or self-isolation.

With travel restrictions being lifted globally, on July 29, 2020, the Government announced that foreign nationals with expiring visas are expected to take all reasonable steps to leave the U.K. or apply to regularize their stay.

Available options:

  • “Grace period” until August 31, 2020.

Those who intend to leave the U.K. and have previously had their visas extended under the Coronavirus concession, have until August 31, 2020, to do so. Those whose visas expire in August can stay on until the end of August, too. Conditions attached to their original visa will remain unchanged during this period, meaning they will be able to continue work if they were previously allowed to do so.

  • “Exceptional indemnity” beyond August 31, 2020.

Those who intend to leave the U.K., have previously had their visas extended under the Coronavirus concession and cannot leave before August 31, 2020, can request for additional time to stay. This will not constitute a further visa, but rather act as a short-term protection against any adverse action or consequences after the visa has expired. The individual must have a good reason for not being able to leave and evidence to support it, such as a confirmed flight ticket (dated after August 31, 2020) or confirmation of a positive coronavirus test result.

  • Application to stay in the U.K.

Those who want to remain in the U.K. should submit a suitable application. They will be able to switch to a different immigration route within the U.K. that usually requires them to apply from their home country. This includes those whose leave expires before August 31, 2020.

This summary was prepared using information obtained from Gov.uk.

Disclaimer: The above information is provided for general information purposes only and should not be construed as legal advice. If you have any further inquiries regarding the applicability of this information, please contact Laxmi Vikraman, Regional Immigration Manager (EMEA).


Latest coronavirus news:

APAC

Philippines:

The Bureau of Immigration (BI) re-implements the ban on outbound non-essential travel (for leisure and tourism purposes) for Filipinos. Permitted travel as follows:

  1. Departure of foreign nationals.
  2. Departure of Filipinos who are overseas workers, holders of study visas and permanent residents in their country of destination.
  3. Essential travel of Filipinos who are going abroad for medical, emergency and humanitarian reasons; and
  4. Essential travel of Filipinos who are going abroad for business and work-related purposes that cannot be postponed.

Note that items (3) and (4) above are subject to the following requirements:

  • Presentation of sufficient supporting documents.
  • Allowed entry by the destination country in accordance with their travel, health and quarantine restrictions.
  • Execution of a Declaration acknowledging the risks involved in traveling, including risk of return trip delays to be provided at airline check-in counters.
  • Upon return, compliance with the Guidelines for Returning Overseas Filipinos issued by the National Task Force (NTF).

The departing passenger may be accompanied by one person (no more) when traveling to any international port. They will be allowed to return to their point of origin.

No source available at the time of writing, please contact Debra Jane Beynon, Global Operations Director, Immigration, for more info.

Thailand:

Thai Immigration Bureau extend visa relief measures (Amnesty) until September 26, 2020. All foreign nationals currently residing in Thailand must follow the below:

  • Short-term visa holders (TR, TS, VOA), and those granted a visa exemption (having expired after March 26, 2020), will see permitted periods automatically extended to September 26, 2020. They will not be fined THB 500 per day during this period, but must prepare to leave the Kingdom before September 26, 2020, except:
    • In cases of illness; they must provide a medical certificate and contact the local immigration office to obtain a one-month temporary visa extension.
    • In cases of having other obstacles such as no available flights or Thailand experiencing a further outbreak of the virus; individuals must contact their national Embassy/Consulate to issue a letter of confirmation and request a temporary stay. This letter should be presented to the local immigration office to obtain a one-month temporary visa extension.
  • Long-term visa holders whose visa has expired after March 26, 2020, should submit an application for a visa extension in accordance with a reason of necessity for each visa type. Applications should be submitted to a local immigration office before September 26, 2020. All types of visa extension will take effect on September 27, 2020.
  • Foreign nationals who are due for 90-day reporting between March 26 and July 31, 2020, must provide notification between August 1 and August 31, 2020, at their local immigration office.

No source available at the time of writing.

Disclaimer: The above information is provided for general information purposes only and should not be construed as legal advice. If you have any further inquiries regarding the applicability of this information, please contact Debra Jane Beynon, Regional Immigration Manager (APAC).

EMEA

Switzerland:

  • Unmarried partners from third countries may enter as of August 1. More info at: The Federal Council
  • Mutual agreement procedure with France and Austria on taxes and social security will end on August 31, 2020.
    • The French cross-border commuters with a Swiss employment contract must be taxed according to their physical residence. Employees who continue to work in their home office in France after September 1, 2020, due to Covid-19 must also be taxed there.
    • The normal social security situation with France will also apply from September 1, 2020, (i.e. the 25% limit will be re-introduced). This means that if French cross-border commuters work more than 25% in the country of residence, they must be 100% insured there.
    • In 2020 the following calculations/breakdowns are recommended:
      • Six months (March – August) Covid-19 state of emergency: social insurance in Switzerland as before Covid-19; income taxes as before Covid-19.
      • Six months (January, February, September – December) normal condition: review of the 25% limit for the correct payment of social security and income taxation according to physical activity, see above. Note: for daily French cross-border commuters in Swiss cantons who exempt them from Swiss withholding taxes, the ratio of the activity must be specified (e.g. 40% in Switzerland, 60% in France).

No source available at the time of writing.

Disclaimer: The above information is provided for general information purposes only and should not be construed as legal advice. If you have any further inquiries regarding the applicability of this information, please contact Laxmi Vikraman, Regional Immigration Manager (EMEA).

 


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