According to the UNHCR, one of the key contributors to refugee integration is meaningful employment – enabling self-sufficiency and social connections. The Government is now running three immigration schemes for people arriving in the UK from Ukraine, and this week has shed a little more light on how these tie in with access to the labour market.

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We previously wrote about some of the practical and legal considerations for employers looking to offer employment to people arriving in the UK from Ukraine. The government has now published new guidance for businesses in this position, but will it help to make this a smooth process?

What practical arrangements have been put in place?

The new guidance includes a link to a questionnaire into which employers can input information about vacancies they have available. This operates as a gateway to support from both the Department of Work and Pensions and the charity Refugee Employment Network (REN), which works to help refugees access work. According to the guidance, once information on the vacancy is submitted, the employer will be contacted by the DWP and the vacancies will be shared with the Job Centre Plus and with REN.

Is there any guidance for employers?

Specific guidance is limited, but employers looking to understand more about the equivalence of professional qualifications are directed to the UK Centre for Professional Qualifications. This provides a free service to help individuals and employers understand entry to regulated professions.

The guidance does, however, link to guidelines produced in 2019 by a group of government departments and international organisations: Tapping Potential guidelines. Although this publication predates the conflict in Ukraine and does not address the new immigration schemes specifically (in particular the right to work section does not apply to people arriving from Ukraine), it does provide information and advice for employers on recruiting and employing refugees.

As noted in our previous insight, discrimination laws in the UK significantly limit the extent to which employers can prioritise one nationality over another. This is something we have written more about here. Although the Tapping Potential guidelines refer to the tie breaker provisions in the Equality Act (which apply where two candidates are equally qualified to be recruited) these provisions are limited in scope and potentially risky for employers to rely on.

There are, however, other measures employers could consider within the framework of the positive action provisions, for example:

• Developing work experience placements or work preparation programmes targeting or including refugees;
• Helping refugees to improve their language skills; and
• Providing progression pathways and mentoring schemes to enable refugees to develop their career.

What is the position regarding immigration status?

The guidance explains that people arriving in the UK under the Ukraine Family Scheme, or the Ukraine Sponsorship Scheme (Homes for Ukraine) will be granted leave to remain in the UK for 3 years. They can live here, work here, and access benefits and public services.

Also, the Ukraine Extension Scheme was launched on 3 May, providing people with another means of extending their stay in the UK for 3 years. Employees and employers should consider the options carefully before opting to use this scheme.

Although immigration permission under the Ukraine Extension Scheme does provide the same entitlements as under the other Ukraine schemes, including the right to work, and is a free scheme, some factors to take into account include:

• Whether the employee wishes to settle in the UK – although the position may change in the future, currently the Ukraine Extension Scheme does not lead to settlement, nor does time spent in it count towards settlement in any other immigration route;
• Whether the employee wishes to be joined by dependants who do not fall within the scope of the Ukraine Extension Scheme, e.g. because they have not previously been granted UK immigration permission as a dependant of the employee; and
• Whether the employer wishes to retain the employee under a sponsored route.

For further information on the UK immigration provisions for people from Ukraine, see our separate article here.

Related Item(s): Employment, Immigration

Author(s)/Speaker(s): Rebecca Jobling, Supinder Singh Sian,

Individuals who hold a UK Visas and Immigration (UKVI) account need to maintain the details recorded in it. In this article we outline some tips for when to review and update the information to minimise the chance of delays at the border and to ensure access to the account is not disrupted.

Text:

A UKVI account is made available to individuals who have made a successful application to the EU Settlement scheme or for a visa using the UK Immigration: ID Check app. The account allows them to view their immigration permission online and share the details with third parties such as employers, landlords and education institutions. The account is also used by Border Force when passengers arrive in the UK. Delays can be encountered at the border where, for example, the UKVI account has not been updated to include the passport the individual wishes to enter on.

There are two apps the Home Office uses that lead to a UKVI account being created or updated. For the EU Settlement Scheme this is the EU Exit: ID Document Check app and for other eligible applications this is the Using the ‘UK Immigration: ID Check’ app.  

Tip 1: Following the approval of new immigration permission, update the details on the UKVI account straight away

To initially verify an applicant’s identity on either of the apps, they will need to have a biometric EEA passport, or their most recently issued biometric residence permit (BRP) or biometric residence card (BRC).

If a BRP or BRC number is used to set up the UKVI account, once the immigration permission has been approved, the individual should update their log in document details as their BRP or BRC will no longer be valid.

A visa national will receive a new BRP or BRC showing their new immigration permission. Once received, they should log in to their UKVI account and enter the details of their new BRP or BRC. They should also include their passport information and can choose whether to make the passport their identity document for logging into the account.

A non-visa national will be granted an eVisa, and will not have a further physical BRP or BRC issued. They should update their account to show their passport as the log in identity document.

These changes can be made at Update your UK Visas and Immigration account details – GOV.UK.

Tip 2: Return a superseded BRP or BRC to the Home Office

Once any new immigration permission has been granted, any BRP or BRC previously held will become invalid and should be returned to the Home Office. To do this, the BRP or BRC will need to be cut into quarters and posted in a windowless plain envelope to the address detailed in the Home Office application approval email. Failure to return the document can lead to a penalty of up to £1,000 becoming payable.

Tip 3: Know what details need to be maintained or can be added to the UKVI account and keep the information up-to-date

All individuals who have a UKVI account are under an obligation to keep their profiles up-to-date.

Key pieces of information which must be kept up-to-date include:

• Mobile phone number;
• Email address (it is preferable to use a personal email address that is accessed regularly);
• Name;
• Identity document; and
• UK address.

It is not however possible to change the identity document or name details if the individual has an outstanding immigration application with UKVI.

The UKVI account also can be updated to:

• Correct an incorrect date of birth;
• Add an additional nationality;
• Add an extra identity document (e.g. passport, national ID and/or current BRP or BRC);
• Change a photo (e.g. following a change of appearance that makes the individual no longer resemble the image on the account);
• Grant another person access to the individual’s visa applications (e.g. if that person is assisting to apply for a future immigration application); and
• Give another person ownership of the account if it was previously set up on their behalf.

As well as updating the UKVI account, if any of the information contained on a BRP or BRC changes, a replacement document should also be applied for.

Once received, the details of the new BRP or BRC should be updated on the UKVI account.

As it can be easy to forget to update the details on the UKVI account, it may be helpful to schedule periodic reminders to log into the account and check whether the details are still correct and if anything needs updating or adding.

Tip 4: Double-check that the details in the UKVI account are up-to-date before making a further application for UK immigration permission

This will help to ensure that any communications from the Home Office are received and that multiple UKVI accounts are not created. This can happen if a different identity document is used for a new application.

Tip 5: Be aware that being eligible to use the app for one application does not necessarily mean it can then be used for all further applications

If a non-visa national makes an in-country visa application using a BRP card as the identity document for the UK Immigration: ID check app, they will be issued with an eVisa only and will not receive a fresh BRP.

Under current processes, unless the person is an EEA national, they will not be able to use the UK Immigration: ID check app for their next application. This is because the app requires the applicant to have either a BRP or an EEA passport. Relevant individuals will be required to go to a UKVCAS service point to enrol their biometrics and will be issued with a fresh BRP once the application is approved. We anticipate that UKVI may resolve this issue in the future through allowing passports from a wider range of nationalities to be accepted on the app.

If you have any queries about the issues covered in this article, please contact a member of our Immigration Team.

 

Type: Inbrief

Related Item(s): Immigration

Author(s)/Speaker(s): Supinder Singh Sian, Andrew Osborne, Margaret Smith, Kathryn Denyer,

Individuals who hold a UK Visas and Immigration (UKVI) account need to maintain the details recorded in it. In this article we outline some tips for when to review and update the information to minimise the chance of delays at the border and to ensure access to the account is not disrupted.

Text:

A UKVI account is made available to individuals who have made a successful application to the EU Settlement scheme or for a visa using the UK Immigration: ID Check app. The account allows them to view their immigration permission online and share the details with third parties such as employers, landlords and education institutions. The account is also used by Border Force when passengers arrive in the UK. Delays can be encountered at the border where, for example, the UKVI account has not been updated to include the passport the individual wishes to enter on.

There are two apps the Home Office uses that lead to a UKVI account being created or updated. For the EU Settlement Scheme this is the EU Exit: ID Document Check app and for other eligible applications this is the Using the ‘UK Immigration: ID Check’ app.  

Tip 1: Following the approval of new immigration permission, update the details on the UKVI account straight away

To initially verify an applicant’s identity on either of the apps, they will need to have a biometric EEA passport, or their most recently issued biometric residence permit (BRP) or biometric residence card (BRC).

If a BRP or BRC number is used to set up the UKVI account, once the immigration permission has been approved, the individual should update their log in document details as their BRP or BRC will no longer be valid.

A visa national will receive a new BRP or BRC showing their new immigration permission. Once received, they should log in to their UKVI account and enter the details of their new BRP or BRC. They should also include their passport information and can choose whether to make the passport their identity document for logging into the account.

A non-visa national will be granted an eVisa, and will not have a further physical BRP or BRC issued. They should update their account to show their passport as the log in identity document.

These changes can be made at Update your UK Visas and Immigration account details – GOV.UK.

Tip 2: Return a superseded BRP or BRC to the Home Office

Once any new immigration permission has been granted, any BRP or BRC previously held will become invalid and should be returned to the Home Office. To do this, the BRP or BRC will need to be cut into quarters and posted in a windowless plain envelope to the address detailed in the Home Office application approval email. Failure to return the document can lead to a penalty of up to £1,000 becoming payable.

Tip 3: Know what details need to be maintained or can be added to the UKVI account and keep the information up-to-date

All individuals who have a UKVI account are under an obligation to keep their profiles up-to-date.

Key pieces of information which must be kept up-to-date include:

• Mobile phone number;
• Email address (it is preferable to use a personal email address that is accessed regularly);
• Name;
• Identity document; and
• UK address.

It is not however possible to change the identity document or name details if the individual has an outstanding immigration application with UKVI.

The UKVI account also can be updated to:

• Correct an incorrect date of birth;
• Add an additional nationality;
• Add an extra identity document (e.g. passport, national ID and/or current BRP or BRC);
• Change a photo (e.g. following a change of appearance that makes the individual no longer resemble the image on the account);
• Grant another person access to the individual’s visa applications (e.g. if that person is assisting to apply for a future immigration application); and
• Give another person ownership of the account if it was previously set up on their behalf.

As well as updating the UKVI account, if any of the information contained on a BRP or BRC changes, a replacement document should also be applied for.

Once received, the details of the new BRP or BRC should be updated on the UKVI account.

As it can be easy to forget to update the details on the UKVI account, it may be helpful to schedule periodic reminders to log into the account and check whether the details are still correct and if anything needs updating or adding.

Tip 4: Double-check that the details in the UKVI account are up-to-date before making a further application for UK immigration permission

This will help to ensure that any communications from the Home Office are received and that multiple UKVI accounts are not created. This can happen if a different identity document is used for a new application.

Tip 5: Be aware that being eligible to use the app for one application does not necessarily mean it can then be used for all further applications

If a non-visa national makes an in-country visa application using a BRP card as the identity document for the UK Immigration: ID check app, they will be issued with an eVisa only and will not receive a fresh BRP.

Under current processes, unless the person is an EEA national, they will not be able to use the UK Immigration: ID check app for their next application. This is because the app requires the applicant to have either a BRP or an EEA passport. Relevant individuals will be required to go to a UKVCAS service point to enrol their biometrics and will be issued with a fresh BRP once the application is approved. We anticipate that UKVI may resolve this issue in the future through allowing passports from a wider range of nationalities to be accepted on the app.

If you have any queries about the issues covered in this article, please contact a member of our Immigration Team.

 

Type: Inbrief

Related Item(s): Immigration

Author(s)/Speaker(s): Supinder Singh Sian, Andrew Osborne, Margaret Smith, Kathryn Denyer,

The Home Office has recently launched an initiative for contacting work route sponsors where their records indicate that sponsor licence system (SMS) users have not accessed the system for 12 months. To minimise the risk of potential compliance action, sponsors should take the opportunity to review their key personnel details and how they manage reporting on their sponsor licence.

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Some initial contact attempts have been made from the Home Office Sponsor Assurance and Investigations Team to the Authorising Officer (AO) by telephone, with follow-up email correspondence sent where telephone contact has not been successful. The email identifies named Level 1 users who have not accessed the SMS for more than 12 months and requests that any amendments to the contact details of key personnel are reviewed, and, if applicable, amended within 10 working days.

Although some contacts appear to have been made to regular SMS users, which suggests the records the Home Office is working from may not be up-to-date, the activity serves as a reminder of the duties that sponsors have regarding maintaining the details of key personnel, and ensuring that the sponsor licence details and activities are reviewed regularly.

The AO does not have access to the SMS by default, however the Home Office recommends that they check the certificates of sponsorship (CoS) assigned to workers at least monthly. We would therefore suggest that the AO either also has access to the SMS as a Level 1 user, or that they ensure a Level 1 user provides them with a CoS summary on a monthly basis.

One advantage of the AO having direct access to the SMS is that they will also be able to review the sponsor licence summary and arrange for any necessary updates to be made. A monthly review is ideal so that any changes to sponsor circumstances can be made within the required timeframes. Most sponsor change of circumstances notifications need to be made within 20 working days, but some must be made within 10 working days. If the AO is aware of an upcoming change that will need to be notified to the Home Office, appropriate reminders could be diarised to ensure the notification is made on time.

Whether or not a contact has been received, we would suggest that sponsors consider taking the following actions:

• Reviewing the details of the AO, Key Contact, Representative, Level 1 users and Level 2 users and:

• Making any necessary updates to the details of key personnel;

• Deactivating/replacing key personnel as appropriate; and

• Generally reviewing the number and mix of Level 1 and Level 2 users and adjusting accordingy;

• Reviewing any messages in the SMS and taking any actions required;

• Setting up or checking a reminder system for the AO to review assigned CoS on a monthly basis, in line with Home Office recommendation; and

• Setting up or checking a reminder system for Level 1 and Level 2 users to access the SMS on a monthly basis, in line with Home Office recommendation.

If you have queries about making any necessary changes or would like a more detailed review of your sponsor licence arrangements, please contact a member of our Immigration Team.

Related Item(s): Immigration

Author(s)/Speaker(s): Andrew Osborne, Supinder Singh Sian, Stephen OFlaherty, Kathryn Denyer,

The Home Office has recently launched an initiative for contacting work route sponsors where their records indicate that sponsor licence system (SMS) users have not accessed the system for 12 months. To minimise the risk of potential compliance action, sponsors should take the opportunity to review their key personnel details and how they manage reporting on their sponsor licence.

Text:

Some initial contact attempts have been made from the Home Office Sponsor Assurance and Investigations Team to the Authorising Officer (AO) by telephone, with follow-up email correspondence sent where telephone contact has not been successful. The email identifies named Level 1 users who have not accessed the SMS for more than 12 months and requests that any amendments to the contact details of key personnel are reviewed, and, if applicable, amended within 10 working days.

Although some contacts appear to have been made to regular SMS users, which suggests the records the Home Office is working from may not be up-to-date, the activity serves as a reminder of the duties that sponsors have regarding maintaining the details of key personnel, and ensuring that the sponsor licence details and activities are reviewed regularly.

The AO does not have access to the SMS by default, however the Home Office recommends that they check the certificates of sponsorship (CoS) assigned to workers at least monthly. We would therefore suggest that the AO either also has access to the SMS as a Level 1 user, or that they ensure a Level 1 user provides them with a CoS summary on a monthly basis.

One advantage of the AO having direct access to the SMS is that they will also be able to review the sponsor licence summary and arrange for any necessary updates to be made. A monthly review is ideal so that any changes to sponsor circumstances can be made within the required timeframes. Most sponsor change of circumstances notifications need to be made within 20 working days, but some must be made within 10 working days. If the AO is aware of an upcoming change that will need to be notified to the Home Office, appropriate reminders could be diarised to ensure the notification is made on time.

Whether or not a contact has been received, we would suggest that sponsors consider taking the following actions:

• Reviewing the details of the AO, Key Contact, Representative, Level 1 users and Level 2 users and:

• Making any necessary updates to the details of key personnel;

• Deactivating/replacing key personnel as appropriate; and

• Generally reviewing the number and mix of Level 1 and Level 2 users and adjusting accordingy;

• Reviewing any messages in the SMS and taking any actions required;

• Setting up or checking a reminder system for the AO to review assigned CoS on a monthly basis, in line with Home Office recommendation; and

• Setting up or checking a reminder system for Level 1 and Level 2 users to access the SMS on a monthly basis, in line with Home Office recommendation.

If you have queries about making any necessary changes or would like a more detailed review of your sponsor licence arrangements, please contact a member of our Immigration Team.

Related Item(s): Immigration

Author(s)/Speaker(s): Andrew Osborne, Supinder Singh Sian, Stephen OFlaherty, Kathryn Denyer,

Immigration law changes continue at a pace during 2022 and employers need to be aware of key recent and upcoming developments.

Text:

In our recent webinar on 27 April 2022, we covered the following topics:

• Right to work changes since 6 April 2022

• Immigration-related fee updates

• Recent and upcoming immigration route changes including the Global Business Mobility routes, High Potential Individual and Scale-up visas

• Sponsorship reform including the Home Office’s sponsorship roadmap

• The impact of the Ukraine conflict on UK immigration

You can view the webinar in full below. If you have any queries about any of the matters covered, please get in touch with a member of our Immigration Team.

Sign up to our newsletter and be the first to hear about our upcoming events.

 

Related Item(s): Immigration, Global Mobility

Author(s)/Speaker(s): Supinder Singh Sian, Stephen OFlaherty,

Immigration law changes continue at a pace during 2022 and employers need to be aware of key recent and upcoming developments.

Text:

In our recent webinar on 27 April 2022, we covered the following topics:

• Right to work changes since 6 April 2022

• Immigration-related fee updates

• Recent and upcoming immigration route changes including the Global Business Mobility routes, High Potential Individual and Scale-up visas

• Sponsorship reform including the Home Office’s sponsorship roadmap

• The impact of the Ukraine conflict on UK immigration

You can view the webinar in full below. If you have any queries about any of the matters covered, please get in touch with a member of our Immigration Team.

Sign up to our newsletter and be the first to hear about our upcoming events.

 

Related Item(s): Immigration, Global Mobility

Author(s)/Speaker(s): Supinder Singh Sian, Stephen OFlaherty,

New Immigration Rules were laid in Parliament last month, setting out the details of the new Scale-up and High Potential Individual routes due to be launched later this year. We take a look at these from the perspective of employers.

Text:

Statement of Changes in Immigration Rules, HC 1118, was published on 15 March 2022. This includes a number of developments expected to be helpful for businesses seeking to facilitate knowledge transfer within an international group, to set up or expand a business in the UK, or to access a bigger pool of skilled talent from abroad. This article focuses on the new Scale-up and High Potential Individual routes, and we have covered the new Global Business Mobility routes in a separate article.

High Potential Individual (HPI) route

The HPI route will launch at 9 am on 30 May 2022 and is intended for recent graduates from top universities to be able to live and work in the UK on an unsponsored basis for a limited period.

Eligibility requirements

To be eligible, an applicant must:

• Be aged 18 or over;

• Have been awarded an academic qualification equivalent to a UK bachelors or UK postgraduate degree within the five years before the date of application (an Ecctis certificate will be needed to show the equivalence of the degree);

• Have received their degree from an institution listed on the Global Universities List which will be published by the Home Office in the future on GOV.UK;

• Meet an English language requirement at or above Level B1 on the CEFR;

• Meet a financial requirement of £1,270, unless they are applying in the UK have lived in the UK with immigration permission for at least 12 months before the application;

• Hold a valid certificate certifying they are free of TB, if required;

• Pay the Immigration Health Surcharge; and

• Not previously have been granted immigration permission as a Graduate, Doctorate Extension Scheme participant or High Potential Individual.

The Global Universities List will be updated annually and will include all institutions ranked within the top 50 of at least two of the following ranking systems:

• Times Higher Education World University Rankings

• Quacquarelli Symonds World University Rankings

• Academic Ranking of World Universities

Application process and grant

It will be possible for applications to be made either from abroad or from within the UK, provided the applicant is not in the UK as a visitor with other limited (mostly short-term) immigration statuses.

The HPI route will have a similar grant profile to the Graduate route, offering successful applicants three years’ immigration permission if they have a qualification equivalent to a UK PhD, or two years if they have one that is equivalent to a UK Bachelor or Master’s degree.

Applications by partner and child dependants will be allowed.

Comments for employers

The route will not lead to settlement in its own right, or be a category under which time can be counted as part of the continuous qualifying period for settlement in any other route. It is therefore likely that some eligible applicants may prefer either to bypass the route in favour of one that leads to settlement, or will seek to switch into a settlement route as soon as they are eligible.

Employers should be aware that migrants in this route may approach them for sponsorship at some point before their HPI permission is due to expire. Sponsored options currently include the Skilled Worker route, and the Scale-up route once available.

Scale-up route

This route will be available from 22 August 2022. It will enable scale-up businesses to sponsor skilled workers for six months, while giving those workers flexibility to change employer after that period and to settle in the UK after five years’ residence. Applications by partner and child dependants are allowed.

It is intended to be a ‘fast-track’ route, however further details are awaited on how this will be achieved operationally.

Scale-up route sponsors

To be recognised as a sponsor under the route, a scale-up business will need to show annualised turnover or staffing growth of at least 20 percent for the last three years before application. They also must have had at least ten employees at the start of the three-year period. The Home Office is also considering allowing other criteria for recognition in the future.

Eligibility – sponsored applications

A sponsored application is required initially, and for individuals who are making a further application under the route where they have not been employed as a Scale-up worker by a sponsor for at least six months.

An applicant making a sponsored application must have a valid certificate of sponsorship from an A-rated sponsor.

They must have a genuine offer of employment for at least six months, in an occupation skilled to graduate level (at least Level 6 on the Regulated Qualifications Framework) and listed in Appendix Skilled Occupations as approved under the Scale-up route.

The guaranteed basic salary offered for the job must be at least £33,000 per year, £10.58 per hour, or the going rate for the occupation code, whichever is highest.

The applicant must also:

• Be aged 18 or over;

• Meet an English language requirement at or above Level B1 on the CEFR;

• Meet a financial requirement of £1,270 (or have their sponsor certify they will maintain and accommodate the applicant for up to this amount during the first month of their employment), unless they are applying in the UK have lived in the UK with immigration permission for at least 12 months before the application;

• Hold a valid certificate certifying they are free of TB, if required; and

• Pay the Immigration Health Surcharge (there is no Immigration Skills Charge under this route).

Eligibility – unsponsored applications

An applicant can make an unsponsored application if they have completed at least six months employment with their sponsor in a previous permission on the Scale-up route. If the applicant is applying for entry clearance, their permission on the route must have expired less than six months before the date of application.

In an unsponsored application, an applicant must show monthly PAYE basic salary earnings in the UK equivalent to at least £33,000 per year during at least 50 percent of their permission on the Scale-up route. Periods of unpaid absence from work due to statutory maternity/paternity/parental/shared parental leave, statutory adoption leave, or sick leave will be deemed to meet the earnings requirement provided the salary was otherwise over the £33,000 threshold.

Application process and grant

Like the HPI route, it will be possible for applications to be made either from abroad or from within the UK, provided the applicant is not in the UK as a visitor with other limited (mostly short-term) immigration statuses.

Immigration permission will be granted for two years to those who made a sponsored application, and for three years to those who made an unsponsored one.

Sponsored Scale-up migrants must be employed in their sponsored job for the first six months of their permission. Otherwise, they are allowed to be employed or self-employed in any capacity other than as a professional sportsperson or sports coach.

Eligibility – settlement

Settlement will be possible under the Scale-up route once an applicant has spent at least five continuous years in the UK on the route or in combination with the following routes:

• Skilled Worker;

• Global Talent;

• Innovator;

• T2 Minister of Religion

• International Sportsperson

• Representative of an Overseas Business

• Tier 1 Migrant, other than Tier 1 (Graduate Entrepreneur).

At the time of the settlement application, an applicant must be in employment with a PAYE salary of at least £33,000 per year.

They must also demonstrate monthly PAYE earnings in the UK equivalent to at least £33,000 per year during at least 24 months of the three years immediately before the date of application. Periods of unpaid absence will be treated in the same way as for unsponsored Scale-up applications.

An applicant for settlement must also pass the usual Knowledge of Life in the UK requirement.

Comments for sponsoring employers

Eligible scale-up businesses will need to assess whether becoming a sponsor under this route offers significant enough benefits in comparison to holding a Skilled Worker sponsor licence.

On the plus side, no Immigration Skills Charge will be payable under the route. Also, if enough scale-up businesses opt to become sponsors, this will introduce a comparatively mobile cohort of skilled workers into the UK economy, who are likely to be able to command salaries substantially above the £33,000 basic salary requirement. Some of these individuals will choose to move between scale-up businesses, so scale-ups should benefit to some extent from being able to employ them without having to complete any immigration formalities or incur the associated costs.

On the minus side, the skill and salary thresholds under the Scale-up route are higher than for Skilled Worker, and sponsored applicants are only incentivised from an immigration perspective to remain with the sponsor for six months.

Comments for other employers

Non-sponsoring employers can employ Scale-up workers at any skill or salary level. However, the worker’s ability to extend their immigration permission may be affected if they are not paid monthly, and do not earn the equivalent of £33,000 under PAYE per year in aggregate, as required. Employers may need to consider formulating a policy on what, if any, enquiries they consider it appropriate to make to a Scale-up worker about their ongoing eligibility under the route.

It would appear that in requiring a minimum level of PAYE earnings (as opposed to counting both employed and self-employed income), the Home Office may be seeking to minimise the risk that participants in the route will become employed in unskilled occupations and that their earnings may be fraudulently reported. These things were a problem under the previous Tier 1 (General) category and contributed to its discontinuation. The extent to which entrepreneurial migrants will seek to set up and be employed by their own businesses remains to be seen.

The need to calculate and monitor PAYE earnings introduces uncertainty and complexity into the journey to settlement for Scale-up worker, and inevitably, some participants will fail to meet the earnings requirements at extension or settlement stage. If this happens, an employer may be asked to sponsor the person as a Skilled Worker. Although this would result in a cost to the employer, the period of sponsorship may be relatively short as time spent under the Scale-up route will count towards settlement under Skilled Worker.

It is highly likely that amendments to this route will be made post-launch, once the Home Office has had an opportunity to assess the overall attractiveness and effectiveness of the route in contributing towards meeting the objectives of the Government’s Plan for Growth. It certainly could be a flexible and straight-forward for both businesses and skilled workers with good earnings potential.

We will be providing an update on these new routes and other UK immigration changes in our What’s Happening in Immigration Law webinar on 27 April 2022, which you can sign up for here. Alternatively, please get in touch with a member of our Immigration Team for help with any queries.

Related Item(s): Immigration

Author(s)/Speaker(s): Andrew Osborne, Supinder Singh Sian, Kathryn Denyer, Ellen Duguid,

New Immigration Rules were laid in Parliament last month, setting out the details of the new Scale-up and High Potential Individual routes due to be launched later this year. We take a look at these from the perspective of employers.

Text:

Statement of Changes in Immigration Rules, HC 1118, was published on 15 March 2022. This includes a number of developments expected to be helpful for businesses seeking to facilitate knowledge transfer within an international group, to set up or expand a business in the UK, or to access a bigger pool of skilled talent from abroad. This article focuses on the new Scale-up and High Potential Individual routes, and we have covered the new Global Business Mobility routes in a separate article.

High Potential Individual (HPI) route

The HPI route will launch at 9 am on 30 May 2022 and is intended for recent graduates from top universities to be able to live and work in the UK on an unsponsored basis for a limited period.

Eligibility requirements

To be eligible, an applicant must:

• Be aged 18 or over;

• Have been awarded an academic qualification equivalent to a UK bachelors or UK postgraduate degree within the five years before the date of application (an Ecctis certificate will be needed to show the equivalence of the degree);

• Have received their degree from an institution listed on the Global Universities List which will be published by the Home Office in the future on GOV.UK;

• Meet an English language requirement at or above Level B1 on the CEFR;

• Meet a financial requirement of £1,270, unless they are applying in the UK have lived in the UK with immigration permission for at least 12 months before the application;

• Hold a valid certificate certifying they are free of TB, if required;

• Pay the Immigration Health Surcharge; and

• Not previously have been granted immigration permission as a Graduate, Doctorate Extension Scheme participant or High Potential Individual.

The Global Universities List will be updated annually and will include all institutions ranked within the top 50 of at least two of the following ranking systems:

• Times Higher Education World University Rankings

• Quacquarelli Symonds World University Rankings

• Academic Ranking of World Universities

Application process and grant

It will be possible for applications to be made either from abroad or from within the UK, provided the applicant is not in the UK as a visitor with other limited (mostly short-term) immigration statuses.

The HPI route will have a similar grant profile to the Graduate route, offering successful applicants three years’ immigration permission if they have a qualification equivalent to a UK PhD, or two years if they have one that is equivalent to a UK Bachelor or Master’s degree.

Applications by partner and child dependants will be allowed.

Comments for employers

The route will not lead to settlement in its own right, or be a category under which time can be counted as part of the continuous qualifying period for settlement in any other route. It is therefore likely that some eligible applicants may prefer either to bypass the route in favour of one that leads to settlement, or will seek to switch into a settlement route as soon as they are eligible.

Employers should be aware that migrants in this route may approach them for sponsorship at some point before their HPI permission is due to expire. Sponsored options currently include the Skilled Worker route, and the Scale-up route once available.

Scale-up route

This route will be available from 22 August 2022. It will enable scale-up businesses to sponsor skilled workers for six months, while giving those workers flexibility to change employer after that period and to settle in the UK after five years’ residence. Applications by partner and child dependants are allowed.

It is intended to be a ‘fast-track’ route, however further details are awaited on how this will be achieved operationally.

Scale-up route sponsors

To be recognised as a sponsor under the route, a scale-up business will need to show annualised turnover or staffing growth of at least 20 percent for the last three years before application. They also must have had at least ten employees at the start of the three-year period. The Home Office is also considering allowing other criteria for recognition in the future.

Eligibility – sponsored applications

A sponsored application is required initially, and for individuals who are making a further application under the route where they have not been employed as a Scale-up worker by a sponsor for at least six months.

An applicant making a sponsored application must have a valid certificate of sponsorship from an A-rated sponsor.

They must have a genuine offer of employment for at least six months, in an occupation skilled to graduate level (at least Level 6 on the Regulated Qualifications Framework) and listed in Appendix Skilled Occupations as approved under the Scale-up route.

The guaranteed basic salary offered for the job must be at least £33,000 per year, £10.58 per hour, or the going rate for the occupation code, whichever is highest.

The applicant must also:

• Be aged 18 or over;

• Meet an English language requirement at or above Level B1 on the CEFR;

• Meet a financial requirement of £1,270 (or have their sponsor certify they will maintain and accommodate the applicant for up to this amount during the first month of their employment), unless they are applying in the UK have lived in the UK with immigration permission for at least 12 months before the application;

• Hold a valid certificate certifying they are free of TB, if required; and

• Pay the Immigration Health Surcharge (there is no Immigration Skills Charge under this route).

Eligibility – unsponsored applications

An applicant can make an unsponsored application if they have completed at least six months employment with their sponsor in a previous permission on the Scale-up route. If the applicant is applying for entry clearance, their permission on the route must have expired less than six months before the date of application.

In an unsponsored application, an applicant must show monthly PAYE basic salary earnings in the UK equivalent to at least £33,000 per year during at least 50 percent of their permission on the Scale-up route. Periods of unpaid absence from work due to statutory maternity/paternity/parental/shared parental leave, statutory adoption leave, or sick leave will be deemed to meet the earnings requirement provided the salary was otherwise over the £33,000 threshold.

Application process and grant

Like the HPI route, it will be possible for applications to be made either from abroad or from within the UK, provided the applicant is not in the UK as a visitor with other limited (mostly short-term) immigration statuses.

Immigration permission will be granted for two years to those who made a sponsored application, and for three years to those who made an unsponsored one.

Sponsored Scale-up migrants must be employed in their sponsored job for the first six months of their permission. Otherwise, they are allowed to be employed or self-employed in any capacity other than as a professional sportsperson or sports coach.

Eligibility – settlement

Settlement will be possible under the Scale-up route once an applicant has spent at least five continuous years in the UK on the route or in combination with the following routes:

• Skilled Worker;

• Global Talent;

• Innovator;

• T2 Minister of Religion

• International Sportsperson

• Representative of an Overseas Business

• Tier 1 Migrant, other than Tier 1 (Graduate Entrepreneur).

At the time of the settlement application, an applicant must be in employment with a PAYE salary of at least £33,000 per year.

They must also demonstrate monthly PAYE earnings in the UK equivalent to at least £33,000 per year during at least 24 months of the three years immediately before the date of application. Periods of unpaid absence will be treated in the same way as for unsponsored Scale-up applications.

An applicant for settlement must also pass the usual Knowledge of Life in the UK requirement.

Comments for sponsoring employers

Eligible scale-up businesses will need to assess whether becoming a sponsor under this route offers significant enough benefits in comparison to holding a Skilled Worker sponsor licence.

On the plus side, no Immigration Skills Charge will be payable under the route. Also, if enough scale-up businesses opt to become sponsors, this will introduce a comparatively mobile cohort of skilled workers into the UK economy, who are likely to be able to command salaries substantially above the £33,000 basic salary requirement. Some of these individuals will choose to move between scale-up businesses, so scale-ups should benefit to some extent from being able to employ them without having to complete any immigration formalities or incur the associated costs.

On the minus side, the skill and salary thresholds under the Scale-up route are higher than for Skilled Worker, and sponsored applicants are only incentivised from an immigration perspective to remain with the sponsor for six months.

Comments for other employers

Non-sponsoring employers can employ Scale-up workers at any skill or salary level. However, the worker’s ability to extend their immigration permission may be affected if they are not paid monthly, and do not earn the equivalent of £33,000 under PAYE per year in aggregate, as required. Employers may need to consider formulating a policy on what, if any, enquiries they consider it appropriate to make to a Scale-up worker about their ongoing eligibility under the route.

It would appear that in requiring a minimum level of PAYE earnings (as opposed to counting both employed and self-employed income), the Home Office may be seeking to minimise the risk that participants in the route will become employed in unskilled occupations and that their earnings may be fraudulently reported. These things were a problem under the previous Tier 1 (General) category and contributed to its discontinuation. The extent to which entrepreneurial migrants will seek to set up and be employed by their own businesses remains to be seen.

The need to calculate and monitor PAYE earnings introduces uncertainty and complexity into the journey to settlement for Scale-up worker, and inevitably, some participants will fail to meet the earnings requirements at extension or settlement stage. If this happens, an employer may be asked to sponsor the person as a Skilled Worker. Although this would result in a cost to the employer, the period of sponsorship may be relatively short as time spent under the Scale-up route will count towards settlement under Skilled Worker.

It is highly likely that amendments to this route will be made post-launch, once the Home Office has had an opportunity to assess the overall attractiveness and effectiveness of the route in contributing towards meeting the objectives of the Government’s Plan for Growth. It certainly could be a flexible and straight-forward for both businesses and skilled workers with good earnings potential.

We will be providing an update on these new routes and other UK immigration changes in our What’s Happening in Immigration Law webinar on 27 April 2022, which you can sign up for here. Alternatively, please get in touch with a member of our Immigration Team for help with any queries.

Related Item(s): Immigration

Author(s)/Speaker(s): Andrew Osborne, Supinder Singh Sian, Kathryn Denyer, Ellen Duguid,

On 29 March 2022, the Home Office published new Immigration Rules covering immigration schemes aimed at facilitating the grant of UK immigration permission for Ukrainian citizens and their families. In addition to bringing the existing Ukraine Family Scheme and Homes for Ukraine Sponsorship Scheme within the Rules from 30 March 2022, a new Ukraine Extension Scheme will launch from 3 May 2022.

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The Statement of Changes in Immigration Rules, HC 1220, also introduces a new Appendix Relationship with Partner, which will be used from 30 March 2022 to set out the relationship requirements for individuals applying as a spouse, civil partner or unmarried partner in a durable relationship of at least two years. Initially this appendix will only be relevant for applications under the Ukraine schemes, but will be applied to other immigration categories at a later date.

Applicant eligibility under the Ukraine Extension Scheme

To be eligible, an applicant must be:

• A Ukrainian citizen;

• A partner or child of a Ukrainian citizen who has/last had UK immigration permission in that capacity; or

• A child of a Ukrainian citizen born in the UK after 18 March 2022.

Applicants must also be in the UK and have had UK immigration permission on 18 March 2022 unless:

• They were in the UK with permission immediately before 1 January 2022 and that permission has expired by the time they make their application; or

• They are a child born in the UK after 18 March 2022.

Application process and grant

The application will be free of charge and applicants must provide their biometrics at a UKVCAS service point.

Immigration permission will be granted for up to three years. Those who have previously been granted immigration permission under any of the Ukraine Schemes will be granted a shorter period, to take the total permission under the Schemes up to three years.

UES participants will be allowed to work, study, rent private accommodation, use the NHS, access English language tuition and claim benefits in the UK.

Details of how to apply under UES will be made available on GOV.UK closer to the launch date.

For specific queries, individuals can contact a free 24/7 UKVI helpline on +44 808 164 8810 (0808 164 8810 from within the UK), or +44 (0)175 390 7510 for those who cannot contact UK 0808 numbers.

Outstanding issues for the UES

There will be some UES-eligible applicants whose UK immigration permission is due to expire between now and when the scheme launches on 3 May 2022. The Home Office has not yet made any announcement confirming that these individuals will not be subject to the usual measures that apply to overstayers until such time as permission is granted under UES, or whether they are expected to apply under existing routes in the interim. We have sought clarification on this.

Also, the UES will not cover dependants of individuals are currently in the UK in categories that do not permit dependants, such as the Seasonal Worker category. Once granted permission under UES, Seasonal Workers may be able to sponsor dependants under the Homes for Ukraine Sponsorship Scheme, however this will only be after a significant delay. We have flagged this to the Home Office as a policy issue to consider.

Lastly, it is still not clear whether any of the Ukraine schemes will offer a path to settlement in the UK. Those who want the security of being able to settle in the UK may therefore prefer to switch into or extend under another UK immigration route they are eligible for.

Other points to note in the new Rules

HC 1220 confirms other important points:

• Applicants under the Ukraine schemes can apply for entry clearance from any Visa Application Centre around the world (although displaced individuals seeking to apply in certain other categories will still need to ask the Home Office to exercise discretion if applying from a country they are only present in as a visitor);

• Applicants under the Homes for Ukraine Sponsorship Scheme must be aged 18 or over on the date of application, unless they are applying with, or to join in the UK a parent or legal guardian;

• Individuals granted immigration permission after 18 March 2022 as a visitor will not be eligible to apply for the Ukraine Family Scheme from within the UK; and

• Those whose application under the Ukraine schemes is refused will not have a right of administrative review, however it will be open to them to reapply.

We will continue to provide updates on significant UK developments as they arise. For those who are interested in understanding what guidance and help has been made available for Ukrainian refugees in the EU and beyond, and the broader consequences of the war from a work perspective, see Ukraine in Crisis – Ius Laboris.

 

Related Item(s): Immigration

Author(s)/Speaker(s): Andrew Osborne, Supinder Singh Sian, Kathryn Denyer,