Rt Hon Priti Patel MP - Home Secretary, Home Office

22 April 2020

Dear Home Secretary,

I am emailing you after being contacted by a number of constituents who are concerned about the impact of the coronavirus outbreak on their immigration status and future visa applications.

I am pleased that the Home Office has provided some support to migrants during these worrying times by establishing the Coronavirus Immigration Help Centre, extending visas which were due to expire before 31^st May, and allowing people to apply for long-term visas from the UK. I hope that visas will be extended further if the UK lockdown and international travel restrictions continue. I also welcome the fact that neither the Coronavirus Job Retention Scheme, the Coronavirus Self-employment Income Support Scheme nor Small Business Grants are listed as “public funds” in the Immigration Rules, meaning anyone who has “no recourse to public funds” status will not automatically be ineligible.

Nonetheless, there are multiple other concerns which have not yet been addressed.

I am particularly concerned that the Home Office website states that people who are applying to stay in the UK long term must still “meet the requirements of the route” for which they are applying. Given the enormous number of people who have already lost their jobs or had their incomes reduced as a result of the coronavirus pandemic, many are worried that they will no longer be able to meet the financial thresholds set by the Home Office.

As you know, the Minimum Income Requirement (MIR) for spouse and partner visas, requires couples to earn £18,600 a year, rising by £3,800 for their first child and £2,400 for each subsequent child. This falls short of an annual salary on the National Living Wage and in 2015 was criticised by the Children's Commissioner for creating "Skype families" if a parent is unable to satisfy the minimum income requirement. This failure to appreciate the realities of peoples’ incomes is now even more apparent, and it is absolutely essential that further steps are taken to prevent families being separated as a result of this crisis. A fall of just 20 percent as a result of being furloughed through the Coronavirus Job Retention Scheme is enough to prevent families from meeting the MIR.

I am therefore calling on you to suspend the MIR for people applying for Further Leave to Remain as a spouse/partner (FLR(M)) or Indefinite Leave to Remain as a spouse/partner (SET(M)) as a matter of urgency.

I have also been contacted by a constituent who has a ECAA-2 visa and runs a small business in Brighton. He is concerned that he may be unable to satisfy the conditions attached to his visa, such as continued viability of business, due to the financial impact that coronavirus has had on his business. Although I have informed my constituent that he is eligible to apply for the Government schemes, it seems only right that the Home Office also provides reassurance to people regarding their immigration status.

I would particularly call on you to issue comprehensive guidance for all visa categories, making it clear that applying to the Government schemes, or a loss of income as a consequence of the coronavirus pandemic, will not affect a person’s ability to satisfy conditions attached to their visa, or future immigration applications they may make. I welcome the guidance that has been provided for people who have, for example, Tier 1 Entrepreneur visas. However, in these worrying times the Home Office has a duty of care to all UK residents, especially those who are facing enormous financial difficulties. I would also encourage the Home Office to provide information on visa processing timeframes and advice for people who are experiencing delays with the processing of their applications.

Finally, I would welcome assurance that migrants unable to attend reporting appointments, court dates, or interviews whilst self-isolating will not be penalised.

I look forward to receiving your response on this important matter.

Yours sincerely,