As the world grapples with the COVID-19 pandemic, many aspects of life have been significantly affected, including immigration processes. One such process is the Pre-Tier 2 Visa application in the United Kingdom. This visa allows skilled workers from outside the European Economic Area and Switzerland to work in the UK. However, due to the pandemic, there have been delays and uncertainties in the decision-making process. This has led to a pressing question: Can one start work before the Pre-Tier 2 Visa decision is made? In this article, we will explore the possibilities surrounding this issue.
Understanding the Pre-Tier 2 Visa
The Pre-Tier 2 Visa is a type of UK work visa that is designed for skilled workers who have been offered a job in the UK. It is part of the points-based system, which means that applicants must meet certain criteria to be eligible. These include having a job offer from a licensed sponsor, being able to demonstrate knowledge of English, and having enough money to support themselves without needing public funds.
Impact of COVID-19 on the Pre-Tier 2 Visa Process
The COVID-19 pandemic has had a significant impact on the Pre-Tier 2 Visa process. Many visa application centres were closed for several months, leading to a backlog of applications. Additionally, travel restrictions and quarantine requirements have made it more difficult for applicants to plan their move to the UK.
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Delays in processing: Due to the closure of visa application centres and reduced staffing levels, there have been significant delays in processing Pre-Tier 2 Visa applications.
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Difficulty in providing biometric information: Applicants for a Pre-Tier 2 Visa are required to provide biometric information as part of the application process. However, due to social distancing measures, it has been more difficult for applicants to provide this information.
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Travel restrictions: Many countries have imposed travel restrictions to prevent the spread of COVID-19. This has made it more difficult for applicants to travel to the UK to start their job.
Starting Work Before the Pre-Tier 2 Visa Decision
Given the delays and uncertainties caused by the COVID-19 pandemic, many applicants are wondering if they can start work before their Pre-Tier 2 Visa decision is made. The answer to this question is complex and depends on several factors.
Legal Considerations
Under normal circumstances, it is not legal to start work in the UK before your Pre-Tier 2 Visa is approved. Working without the correct visa could lead to deportation and a ban from re-entering the UK. However, the UK government has introduced some temporary changes to the rules due to the COVID-19 pandemic.
Temporary Changes Due to COVID-19
In response to the pandemic, the UK government has introduced some temporary changes to the rules regarding the Pre-Tier 2 Visa. These changes are designed to provide flexibility for applicants and employers during these challenging times.
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Start work before visa decision: The UK government has temporarily allowed individuals to start work before their Pre-Tier 2 Visa decision is made. However, this is only allowed if the employer has assigned a Certificate of Sponsorship to the individual, and they have submitted their application before their current visa expires.
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Extension of visa: For those already in the UK, the government has extended visas for those whose leave expired after January 24, 2020, and cannot leave the country due to travel restrictions or self-isolation.
Conclusion
The COVID-19 pandemic has created unprecedented challenges for individuals applying for a Pre-Tier 2 Visa. While the UK government has introduced temporary changes to provide some flexibility, it is crucial for applicants to stay informed about the latest developments and seek legal advice if necessary. It is also important for employers to understand these changes and support their prospective employees during this time.
As we continue to navigate the impact of the pandemic, it is hoped that the situation will improve and the Pre-Tier 2 Visa process will return to normal. Until then, applicants and employers must adapt to the changing circumstances and explore the possibilities available to them.
