Evidence being now being taken on @BerryAdrianC @ILPAimmigration and @ColinYeo1
@freemovementlaw on how Covid-19 is impacting upon the immigration system and visas.

Watch live here http://bit.ly/2VMI8eQ 

First question @commonshomeaffs -what is the impact on the immigration system from Covid-19.

Adrian, those in detention are at risk of being stuck there unlawfully.

Those seeking asylum, are restricted on limited support and overcrowded housing, with limited healthcare.

On non-EU healthcare workers, what type of visa wlll they be on?

Adrian confirms a variety, Tier 2 are one of them.

The HO publishes ad-hoc policy online, one to extend some NHS workers, but it’s not clear if it covers all healthcare workers. It appears focused on Tier 2.

So it’s not clear that a nurse on a family reunion visa can extend their leave in the same way as a Tier 2 worker.

Adrian says a statutory Instrument could be used to extend leave for a class of persons, it’s easy to draft and implement.

For a care worker not covered under this automatic extension they would be facing months of uncertainty with a lengthily application processes, thousands of pounds in fees, and Covid-19 might mean they can no longer meet some of the immigration requirements.

Colin says we currently have three sources of information (1) the notices on the HO website (2) notices to key stakeholders but that’s not public (3) answers to individual lawyers asking questions to the HO on individual cases.

There is no transparency for visa holders.

Colin says it is unclear with this ad-hoc policies are lawful and could not confirm if anyone has received a response from the Home Office on these extension applications.

Back to healthcare workers - Adrian says the initial announcement online was that ALL healthcare workers will have their visas expired due to Covid-19, but it subsequent became unclear when the HO website focused on Tier 2.

So it does not cover all healthcare workers, those on agency contracts. But any policy should not just be limited to doctors or nurses, it should include all healthcare workers including porters, clearers, receptionists, everyone within the sector wherever they work in the sector

Colin highlights the HO policy is that 'we’re not going to penalise you’ due to Covid-19 but it is not clear what this means.

It does not tell us if they will be lenient to those who miss their visa deadline or apply but is later refused, or cannot apply due to the lockdown.

Q on what happens to a family of a visa holding nurse who has died?

No one knows what happens their family if the nurse dies fighting Covid-19. Adrian says, regrettably, there would need to be a specific policy for a family who faces this devastating situation.

Colin says, there is simply no basis for a family of a nurse who has died to apply for residence to stay in the UK independent of the nurse. They can request discretion from the HO, but they’ll have to pay thousands in fees and it will not be clear they would successful.

On detention and removal - Adrian says if there is no prospect of removal because of travel restrictions or the country will not accept them, then continued detention is unlawful.

Then there’s issues with the health and safety in detention, and in the receiving country.

Colin says there is the potential for detainees to claim damages for continued detention during this period.

On the EU Settlement Scheme, should the Govt extend the deadline. Colin agrees, with civil society groups pausing face-to-face services due to the lockdown and potentially thousands of EU citizens will be left behind. This lost period of time will increase the numbers.

Colin goes further by suggesting leave should be granted automatically by declaration using the Statutory Instrument model. Adrian says if we keep the constitutive system the Withdrawal Agreement provides for an extension with the extension of the transition period.

On pre-settled status and benefits - PSS does not give automatic right to universal credit, to access it one must show a right to reside in EU terms. PSS solves the residence issue, but not the benefits issue. Colin adds, it also impacts the stay-at-home, it forces people to work

We’ve got no answer on continuity of residence for those outside the UK and need to maintain their residence in the UK for visa purposes. This could be done by a Statutory Instrument, or less ideally, via a change to the Immigration Rules. We don’t know when we will get answers.

Second session with Andy Hewett @refugeecouncil, @chaipatel0 @JCWI_UK and Bella Sankey @detention Action on how Covid-19 is impacting upon the asylum and immigration detention systems.

Chai says everyone in the population needs to be protected in order for us all to be protected, this includes those without visas as well as those with visas.

The HO up to now has been about restricting access to support via a set of hostile policies. The challenge the HO has now is to get out a credible message that those persons can access support and will be able to do so safely. It would need a cessation of the hostile environment.

On asylum and detention, both systems as they are functioning now, does not provide for health and safety, and to maintain social distancing. They’re forced into circumstances that will put them and others around them at risk.

The safety net of asylum support needs to be strengthen, and increased, just as all other aspects of the economy and benefits have been strengthened during this period. Those on asylum support are extremely vulnerable.

There is anxiety within the asylum and refugee community.

On detention, they are not sure that the measures to protect the safety of detained individuals or centre workers are working. The HO have a list of countries they are unable to remove individuals too, but the updated list is not easily available.

There is almost 100% success rate for immigration bail applications from @BIDdetention, therefore it brings into question the lawfulness of detention generally during this period.

On the basic right of access to healthcare - while many can access healthcare the issues are NHS charging, protection of data and the hostile environment. It is massively complicated, individuals won’t access healthcare because they won’t know if they will be charged.

Additionally, they’ll be worried that the NHS will share their immigration data with the Home Office. In Ireland, the charging regulations have been suspended and have committed to no data sharing, this can be done here and, if so, it must be communicated clearly.

Healthcare charging is part of a hostile system built to discourage people from accessing support. The Home Office is out-of-step with other Govt Depts by not prioritising the Covid-19 war. They lack a coordinated response, what they've done is only in response to public pressure

Those with no recourse to public funds cannot access benefits and therefore forced to go out to work. It adversely impacts some groups more - women who can’t access support may remain in a vulnerable household, victims of modern slavery will stay with those who are housing them.