NHS Visa extension scheme during Covid

[MFZ]

Hi guys.

I thought to ask this here to get your advice. In 2018, I got a 2 and a half dependent visa based on my British daughter (with this visa it was going to take 10 years towards ILR). In 2019, I started working as a Doctor with the NHS. My dependent visa expired in July 2020. Before the visa expired, I did get intouch with the hospital for CoS as I was going to switch to skilled worker visa and start counting 5 years towards ILR. In April 2020, the hospital got intouch with me to post my existing BRP to the home office. Please see part of the letter below:

"RE: UK NHS STAFF VISA EXTENTION SCHEME DURING COVID-19
In line with the latest UK Home Office and Government guidelines, announced on 1 April 2020, regarding travel restrictions due to the coronavirus pandemic, many international workers may now be facing uncertainty in relation to the expiry of their visa or leave to remain in the United Kingdom. The Home Office understands in many cases this is because of circumstances outside of their control. In response, the Home Office has taken several exceptional steps. The Home Office has put in place a temporary measure to extend visas of doctors, nurses and paramedics, free of charge for one year, to ensure they can continue to work in the UK during the COVID-19 pandemic. This is currently applicable to those employees that have a visa due to expire before Thursday 1 October 2020.How do I apply for my automatic one year Visa extension? In order for the Home Office to process the one year automatic Visa Extension, you will need to post your BRP to...."

So from 2020 to 2021 I got the 1 year NHS visa scheme.
From July 2021 to now I have a skilled worker visa where CoS was issued by the hospital.

My question is: I contacted a solicitor for advise, as from 2020 to now it has been 5 years and I thought I was eligible for 5 year route ILR. However, the solicitor think the 1 year NHS visa extension was for the dependent visa (unless there was a CoS issued). So technically the solicitor thinks I have to wait another year and apply for ILR in July 2026.

Has anyone experienced this and what's your advice. Thanks in Advance.

[zimba]

The solicitor is correct. They simply EXTENDED your visa. If it was a dependant visa, then that visa was simply extended. As the time spent under worker dependant route and main skilled worker visa route cannot be combined for ILR, you need another year to become eligible for ILR

Here is the announcement from 2021: https://www.gov.uk/government/news/visa ... re-workers

[MFZ]

Thanks for responding.

I had read the article before. The hospital trust at that time informed me "CoS’s were not in fact issued through this period on the instructions of the UK Home Office". That is why they provided the NHS covid 19 visa scheme and the Home Office liased with the hospital trusts directly to identify those who needed this visa. To me, it sounds unfair that the Home Office basically then just used frontline care workers by issuing this visa putting their lives at risk and "this year not counting towards ILR".

[CR001]

The hospital trust at that time informed me "CoS’s were not in fact issued through this period on the instructions of the UK Home Office"

This is nonsense. COS were issued during covid. I issued many myself to people applying for work visas with no problems.

[zimba]

Thanks for responding.

I had read the article before. The hospital trust at that time informed me "CoS’s were not in fact issued through this period on the instructions of the UK Home Office". That is why they provided the NHS covid 19 visa scheme and the Home Office liased with the hospital trusts directly to identify those who needed this visa. To me, it sounds unfair that the Home Office basically then just used frontline care workers by issuing this visa putting their lives at risk and "this year not counting towards ILR".

The home office never prevented people from applying for a skilled worker visa or getting CoS. In fact if you applied for skilled worker visa instead, you could have benefited from the concession in place (as many did). You simply got an extension instead and now you have to wait a year longer. ILR is not an entitlement and the home office is not required to enable you to secure ILR