Asked about the automatic extensions by the Home Affairs Committee, The Home Secretary, Priti Patel, said: “As Home Secretary, I can exercise discretion to extend immigration leave under exceptional circumstances.”
Critics say that the Immigration Act powers could be used to grant blanket visa extensions but they require written notice to each individual affected, or for Parliament to pass a statutory instrument. The Home Office does not believe a statutory instrument is necessary. But if the policy relies on writing to all those who will benefit from it, it is not “automatic”.
It has proven difficult to track down all of those who are eligible. NHS workers whose leave to remain has expired may not have had it automatically extended after all.
The offer applies to NHS doctors, nurses or paramedics who are subject to immigration control, not just sponsored workers on Tier 2 or Tier 5 visa, whose visa expires before 1 October 2020 and where their NHS Trust confirms they intend to continue to employ them.
The Home Office has extended the visa extension offer to other health professionals both in the NHS and the Independent Sector, including social workers, midwives and radiographers. There is no exact list of professionals covered by this policy as there is neither a statutory instrument nor policy guidance. A separate press release clarified that pharmacists are included.
Ms Patel also addressed requests for an extension to the EU Settlement Scheme deadline. She said she “sees no reason to extend the deadline” as there is still more than a year left to apply.
Scarsdale Immigration Solicitors
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