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NEW UK ARRIVAL RULES FROM 11 FEBRUARY 2022

1/26/2022

Congratulations to ECO client Mae Lyn Talagon for the approval her UK fiancée visa application. Photo shows her friend Joel accepting Mae's passport with the visa vignette from Ms. Jazmin Ceria

Good news for those applying for a UK Spouse Visa, UK Fiancée Visa or any other type of UK Settlement Visa!

The UK Home Office recently announced that starting 11 February 2022, fully vaccinated travelers entering England (including holders of the UK Spouse Visa and UK Fiancée Visa) will not be required to take a COVID-19 test anymore and will likewise not be obligated to quarantine themselves upon arrival.

ECO-Friendly would like to stress that this policy will be effective starting only on 4:00 am on 11th February 2021. This means that from today until 3:59am of February 11, the present rules shall still apply.

PRESENT RULES
Under the current rule (according to the UKVI website), the following rule applies:
Before you travel to England – fully vaccinated
Before you travel to England you must:
• book and pay for a COVID-19 test – to be taken after you arrive in England
• complete a passenger locator form – to be completed in the 48 hours before you arrive in England
You will need to enter the booking reference for your COVID-19 test in the UK passenger locator form.
If you’re in England for less than 2 days, you still need to book and pay for a COVID-19 test to take after you arrive.
When you arrive in England – fully vaccinated
You do not need to quarantine when you arrive in England.
You must take a COVID-19 test. This is the test that you booked before travel. You can book either a lateral flow test or a PCR test.
You can take the test any time after you arrive and before the end of day 2 at the latest. The day you arrive is day 0.
If your test result is positive, you must self-isolate.
If your lateral flow test result is positive, you must also take a PCR test.

Thus, if a UK Spouse Visa holder or a UK Fiancée Visa holder enters the UK from today until the 3:59 am of the 11th of February, the abovementioned steps (taken from the UKVI website) must be followed by the traveller from the Philippines.

But if the Filipina holder of the UK Spouse Visa or UK Fiancée Visa flies to and enters the UK from 4:00 am on the 11th of February, they shall not be required to book and pay for the COVID 19 test but merely need to complete the passenger locator form.

FOR THOSE NOT FULLY VACCINATED

The UK website added that for those not fully vaccinated, the traveler needs to, “show proof of a negative COVID-19 test – to be taken in the 2 days before you travel to England; and book and pay for a COVID-19 PCR test – to be taken after you arrive in England. The traveler will need to book the PCR test before you travel.”

The applicant need not quarantine, unless the PCR test result is positive.

In all of the above cases, whenever a UK Spouse Visa or UK Fiancée Visa enters the UK, they need to complete a passenger locator form.

According to the UK website, "The changes announced on 24 January 2022 mean that the UK has one of the most free-flowing borders across Europe in addition to having the most open economy and society.

"The simplification of travel rules comes just before half term, providing welcome news for families looking to travel abroad during the school holidays, as well as an extra boost for the tourism industry.

"Thanks to the success of the UK’s vaccine and booster rollout, the government is now able to reduce the number of travel restrictions, ensuring there is a more proportionate system in place for passengers. Before the end of February, eligible fully vaccinated travelers will only need to fill out the passenger locator form (PLF), which will be simplified, confirming their vaccination status, travel history and contact details, and people will have an extra day to fill it out before travelling," the website said.

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BRP VALIDITY PERIOD – WHEN TO FILE FLR-M

1/2/2022

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ECO client Cat with daughter Sundae at the airport. Cat arrived in the UK more than a year ahead of Sundae. When Cat's BRP expired after 2.5 years in the UK, Sundae's BRP also expired despite being in the UK for less than a year. Both had to file for their FLR-M at the same time. Congrats Cat and Sundae for a successful FLR-M application!

Manila, Philippines - When a UK Spouse Visa application is filed and approved here in the Philippines, the applicant is given 30 days to fly to the UK.

Some successful applicants worry upon seeing this 30-day validity period believing that this is the period for which they are allowed to stay in the UK and after the 30 days, they have to return to the Philippines.

ECO-Friendly however, would like to emphasize that this 30-day validity period printed in the UK spouse visa vignette and affixed in the passport is merely with respect to the amount of time the applicant from the Philippines is allowed to enter the UK from the Philippines. Therefore, if the successful applicant fails to fly to the UK within the 30-day period, they have to get another vignette stamped by the UKVI.

Once the applicant enters the UK, a Biometric Residence Permit (BRP) in the form of an identification card shall be issued to the applicant which will serve as a confirmation that he or she is allowed to stay in the UK for a period of two and a half (2.5) years or 30 months or more.

During this time, the BRP holder is allowed to work, study and receive any other benefit entitled to a BRP cardholder.

The BRP indicates the following details of the applicant:

Name
Date and place of birth
Finger pints
Photo of face
Immigration status and conditions of the stay
Whether the holder can access public funds like benefits and other health services

If the main applicant who is a parent from the Philippines includes his or her child in the application and are both approved, they will both be given a BRP valid for 2.5 years and extendible for another 2.5 years.

Once the BRP holder completes five years stay in the UK, they are eligible to apply for an indefinite leave to remain (ILR) via the Five Year Route.

It is worthy to note, however, that if the parent applicant files ahead of the child and the application is approved, should the minor child decide to follow the parent and apply later, the child’s BRP shall only be valid for the remaining period as the parent’s BRP.

Thus, the validity of the BRP issued to the child shall follow the expiration date of the parent, the latter being the primary applicant. Let’s say for example that the mother has been living in the UK as a spouse visa holder for one year. She therefore only has one and a half year before her BRP expires.

At this moment, if the child’s application is successful and he or she is likewise issued a valid BRP, the validity period of said BRP will usually be the same as the mother’s remaining validity period as the latter is the primary applicant. Thus, the child shall be given only a period of 1.5 years instead of the original 2.5 years as this is the remaining period of lawful stay for the parent.

It is but logical that the secondary applicant’s stay shall only be valid as long as the stay of the primary applicant is valid. If this logic is not followed and the parent’s BRP is already expired, how can the child’s BRP continue to be held valid when the main applicant’s (parent) allowed stay in the UK has already expired?

Tony and Cat enjoying an after Christmas walk in the city.

It is therefore very important that the validity period of the daughter’s BRP be checked frequently to be sure that her stay in the UK is not interrupted and be held unlawful.

When the parent files for Further Leave to Remain (FLR-M) - an application for extension in order to stay in the UK for another 2.5 years to complete the required five (5) years, the child’s application must likewise be filed and included in the parent’s application.

Under the rules, the period to file the extension or the FLR-M, shall be within 30 days before the expiration date indicated on the BRP (this will be the subject of our next article).

Click ECO-Friendly Contact Box for your queries

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