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Immigration law in the time of Coronavirus (3)

The COVID-19 pandemic and associated lockdown has given some people time to resume old hobbies and others an opportunity to discover the joy of new pastimes (as well as causing those of us who are parents to be driven round the bend with the never-ending cycle of washing up, cleaning, batch-cooking, thinking up novel ways to entertain toddlers, educate young children and occupy teenagers…ah! The list goes on…but that, perhaps, is for another article…)

Many of us have managed to find the time to dust off books given as Christmas presents or bought on a blissfully quiet pre-coronavirus afternoon spent in a book shop that then found itself to the outer reaches of our bookshelves, alone and unread. I have certainly managed to read more in the last few months than I have in the last few years. And so, as Priti Patel announced the government’s plans for the compulsory quarantine for international travellers arriving in the UK on or after 8th June 2020, I was immediately reminded of Albert Camus’ ‘The Plague’ (eerily appropriate reading material for a global pandemic). In it, Camus writes:

“Once plague had shut the gates of the town, they had settled down to a life of separation, debarred from the living warmth that gives forgetfulness of all.”

If concepts like ‘quarantine’ and ‘lockdown’ are marked by anything it is the sense of detachment from the social interaction we humans need to give substance and meaning to our lives. Zoom calls can only give us so much succour. We need to see and be around people to truly feel connected.

Returning to the role of immigration lawyer in the midst of an epidemic that has changed the face of the rules that govern our society beyond recognition, the quarantine on international travellers that has been announced is one of the most draconian measures to have been put into place by the government during the COVID-19 pandemic. To really understand the scale of the interference of the State in the lives of individuals, you need to read the small print. As you know, that’s what we do at Elaahi & Co Solicitors:

All international travellers arriving in the UK (including British citizens, but not those on a list of exceptions, addressed below) on or after 8 June 2020 must self-isolate for 14 days.Those without accommodation “will be required to self-isolate in facilities arranged by the government.” In exceptional circumstances, some individuals may be refused entry to the UK.

But, self-isolation here is not the same form of self-isolation that we all collectively had to observe in March, April and May. It is far, far more draconian. Under the compulsory quarantine for international travellers, you must stay at home for 14 days. There are no exceptions for daily exercise or for essential shopping. There is no ‘reasonable excuse’ exception. Strictly applied, if you breach this self-isolation, you are liable for criminal sanction.

Some international travellers, however, are exempt. There is a very long list of categories of persons who are exempt at click here. They include, by way of example nuclear personnel who are essential to the safe and secure operations of a licenses nuclear site, people engaged in urgent or essential work on electronic communications networks, people engaged in urgent or essential work for the BBC’s broadcasting transmission network and services. There are many more categories of persons on the list, far too many to set them all out here.

However, some exemptions do merit special attention. For example, if you are arriving from within the Common Travel Area (so, Ireland, Isle of Man and Channel Islands) and have been in the Common Travel Area for the last 14 days before entering the UK, you do notneed to self-isolate for 14 days. If you have been in the Common Travel Area for less than 14 days prior to entry to the UK, you only need to self-isolate in the UK until you have spent 14 days in the Common Travel Area (of which the UK is part). So, if you spent 5 days in Spain, and then 10 days in Ireland before coming to the UK, you only need to self-isolate for 4 days in the UK. You also don’t need to self-isolate if you live in the UK but work in another country and travel between the UK and the country you work in at least once a week. But this rule highlights the anomalies that exist between the different home nations: you will need to self-isolate for 14 days if you are staying in Scotland.
 
Another difference between the home nations exists in respect of registered health or care professionals travelling to the UK to provide essential healthcare, including where this is not related to coronavirus. These individuals will not need to self-isolate for 14 days if they are staying in England, Wales or Northern Ireland but will need to self-isolate for 14 days if they are staying in Scotland.
 
It’s fair to say that the rules are complex and they have come in for a lot of criticism, not least because the government deemed it unnecessary to impose a quarantine of any form on international travellers when the COVID-19 pandemic emerged or during lockdown but have decided to do so now at the same time that it is trying to kickstart the economy. To many, the government’s approach brings to mind a quote: “If plan A doesn’t work, the alphabet has 25 more letters — 204 if you’re in Japan.”
 
At Elaahi & Co Solicitors, we specialise in understanding complex legal rules and providing you with clear, straightforward advice on how they apply to your case. If you need advice on how the quarantine for international travellers affects you or want to discuss any other aspect of immigration law, as we all negotiate ‘the new normal’ brought about by the COVID-19 pandemic, contact our our expert team of immigration lawyers a call on 020 3930 3831. We are here to help you.
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