Despite the economic slowdown in Australia over the last few years, real GDP has grown by 3.1% year on year and is expected to remain stable at this mark for the remainder of 2016 and 2017.

Text:

Having narrowly avoided recession over recent years, it has remained a stable environment in which to do business.

This inbrief provides a snapshot of some of the key aspects of employment law in Australia. Our Hong Kong office was opened to meet a growing demand from many of our clients for coordinated employment and immigration/global mobility support across the Asia Pacific region (including Australia). This publication provides general guidance only: expert advice should be sought in relation to particular circumstances. Our Hong Kong office can source Australian advice through its links with local firms in Australia.

Type: Inbrief

Author(s)/Speaker(s): Kathryn Weaver, Catherine Leung,

Attachment: Lewis Silkin Inbrief – Employment law in Australia – an overview

Despite the economic slowdown in Australia over the last few years, real GDP has grown by 3.1% year on year and is expected to remain stable at this mark for the remainder of 2016 and 2017.

Text:

Having narrowly avoided recession over recent years, it has remained a stable environment in which to do business.

This inbrief provides a snapshot of some of the key aspects of employment law in Australia. Our Hong Kong office was opened to meet a growing demand from many of our clients for coordinated employment and immigration/global mobility support across the Asia Pacific region (including Australia). This publication provides general guidance only: expert advice should be sought in relation to particular circumstances. Our Hong Kong office can source Australian advice through its links with local firms in Australia.

Type: Inbrief

Author(s)/Speaker(s): Kathryn Weaver, Catherine Leung,

Attachment: Lewis Silkin Inbrief – Employment law in Australia – an overview

Despite the lingering global economic slowdown, the Philippine economy has outperformed most of its ASEAN neighbours.

Text:

This in-brief provides a snapshot of some of the key aspects of employment law in the Philippines.

Our Hong Kong office was opened to meet a growing demand from many of our clients for coordinated employment and immigration/global mobility support across the Asia Pacific region (including the Philippines).

This publication provides general guidance only: expert advice should be sought in relation to particular circumstances. Our Hong Kong office can source Philippine advice through its links with local firms in the Philippines.

Type: Inbrief

Author(s)/Speaker(s): Kathryn Weaver, Catherine Leung,

Attachment: Lewis Silkin Inbrief – Employment law in the Philippines – an overview

In our recent webinar in November 2020, we shared an overview of the new system and how it is likely to work in practice. We cover sponsorship of skilled workers and look at some of the main work-related immigration routes, including the Skilled Worker, Intra-Company Transfer, Sporting and Creative, Global Talent and Graduate visas. Our webinar generated a wide-ranging set of questions from attendees, which we have collated and answered as a set of Q&As.

Text:

You can view the webinar in full and download a PDF version of the Q&As below.

In these Q&A’s, unless otherwise indicated, the term ‘EEA national’ means nationals of countries included in the European Economic Area, as well as Swiss nationals. It excludes Irish nationals, who are already considered ‘settled’ in the UK. Irish nationals can, but are not required, to apply under the EU Settlement Scheme (EUSS).

Please note the information provided on this page both in the webinar and Q&As states the position at this point in time and provides general guidance only. Please get in touch for any expert advice relating to particular circumstances.

 

 

We have an EEA national who started work in October 2020 but is working remotely in their home country due to COVID. They will be coming to the UK in January. Will we need to sponsor them under skilled worker visa and will there be issues with this given he has already started work?

If the person physically arrives in the UK by 31 December 2020, even if this is for a preliminary visit, then they would be eligible to apply under the EU Settlement Scheme.

If they arrive in January 2021 or later, then they would need immigration permission under the UK immigration system in order to live and work physically in the UK. This may mean they need to be sponsored under the Skilled Worker route if there is no alternative route applicable to them based on their individual circumstances.

There are no immigration issues with the person working physically in their home country before they arrive in the UK, however there may be other implications, eg from a tax or social security perspective. Our article on remote working abroad outlines some of the issues.

How do you evidence the ‘speaking English’ requirement for the Skilled Worker category?

The options for proving English language ability are expanded in comparison to the current arrangements for Tier 2 (General). The new provisions are set out in bold below.

The English language requirement for Skilled Worker can be met in one of the following ways:

• In a previous UK immigration application, the person has met the English language requirement at the level required for their Skilled Worker application (ie Level B1 on the Common European Framework of Reference for Languages) – this will be the case if the person has previously been granted permission under Tier 2 (General) for example.

• The person is a national of a majority English-speaking country, ie Antigua and Barbuda; Australia; The Bahamas; Barbados; Belize; Canada; Dominica; Grenada; Guyana; Jamaica; Malta; New Zealand; St Kitts and Nevis; St Lucia; St Vincent and the Grenadines; Trinidad and Tobago; USA (the person’s passport will be required as evidence)

• The person has a bachelor, masters or doctorate level degree awarded in the UK (the award certificate, official transcript or official letter from the awarding institution will be required as evidence)

• The person has a bachelor, masters or doctorate degree level qualification taught in a university or college in certain majority English language speaking countries: Antigua and Barbuda; Australia; The Bahamas; Barbados; Belize; Dominica; Grenada; Guyana; Ireland; Jamaica; Malta; New Zealand; St Kitts and Nevis; St Lucia; St Vincent and the Grenadines; Trinidad and Tobago; USA (the award certificate, official transcript or official letter from the awarding institution will be required as evidence, along with a UK NARIC confirmation)

• The person has a bachelor, masters or doctorate degree level qualification that was taught or researched in English (the award certificate, official transcript or official letter from the awarding institution will be required as evidence, along with a UK NARIC confirmation)

• The person has one of the following qualifications that was awarded by an Ofqual regulated awarding body following education in the UK which I undertook while under the age of 18: GCSE; A-level; Scottish National Qualification at Level 4 or 5; Scottish Higher or Advanced Higher in English (language or literature) (the award certificate or official transcript will be required as evidence)

I know that resident labour market testing will not be required under the Skilled Worker route, but will there be any job posting requirements, or is this all going away, with the new process being just to find the right candidate, assess whether a visa is needed and apply for one ie through the Skilled Worker route?

There will not be any job posting requirements at all for the Skilled Worker route. The process you describe is correct, however please see further information on CoS allocation processes at question 22.

You mentioned we don’t need to see qualifications. How are we going to, for audit purposes, verify that the applicant is not lying for the PhD for instance?

The person will need to submit any qualification they are relying on for their application to the Home Office, along with a UK NARIC confirmation if the qualification was awarded outside the UK. UK NARIC launched new services on 1 November 2020 to specifically verify that a PhD awarded abroad is equivalent to a UK PhD, and (if relevant) that it meets the English language requirement. If the job requires a PhD, then you as the employer should follow your usual processes for qualification verification.

If the person is relying on a PhD to score points under the Skilled Worker route, then you as their sponsor must also provide a ‘credible explanation’ of how the qualification is relevant to the job. If relying on a PhD in a Science, Technology, Engineering or Mathematics (STEM) subject, then you must also provide a credible explanation that the qualification is considered by the sponsor to be in a STEM subject. 

Is the removal of the cooling off period for Tier 2 applicable for Tier 2 (ICT)?

There will still be a cooling off period for the Intra Company routes.

If the applicant is a ‘high earner’, ie their salary is £73,900 or more (based on working a maximum of 48 hours a week), then they cannot have cumulative periods of UK immigration permission on the Intra Company routes amounting to more than nine years in any ten-year period.

If the applicant is not a ‘high earner’, then they cannot have cumulative permission amounting to more than five years in any six-year period. 

The ONS SOC occupation coding tool should cover all occupation codes irrespective of whether they are eligible for the Skilled Worker route.

Currently the new eligible SOC codes are contained in Statement of Changes in Immigration Rules HC 813, Appendix Skilled Occupations, and will be published into the Immigration Rules on GOV.UK on 1 December 2020.

What happens if we’ve run out of Certificates of Sponsorship (CoS) and have currently requested additional allocation for visa extensions in the new year?

The Home Office will continue to consider requests for additional CoS allocations and once approved these will be available to the sponsor for assigning under the Skilled Worker route.

However, CoS for entry clearance applications will need to be allocated by the Home Office on a case-by-case basis, after the sponsor has submitted details of the specific job and salary details.

It is no longer a requirement for immigration purposes to demonstrate an inability to recruit a suitable resident worker. The Home Office has now moved to a system where the resident labour market is considered to be adequately protected through the salary thresholds Skilled Workers are required to meet, along with the application fees, compliance obligations and payment of the Immigration Skills Charge.

From a race discrimination perspective, an employer should only ask a candidate to demonstrate their right to work in the UK at a later stage of the recruitment process, eg at final interview or job offer stage. All candidates should have their right to work checked at the same stage. It is not permissible to only consider applications made by UK-based candidates for example.

You can make your employment offers conditional on the person having the right to work in the UK. If the person does not have the right to work, you can consider whether or not the person is eligible for sponsorship, and if so whether you wish to sponsor them.

If an employer does not have a COS, can they ask that only applicants with settled or pre settled status apply?

No, this would not be permissible. To avoid the risk of race discrimination, an employer should only ask a candidate to demonstrate their right to work in the UK at a later stage of the recruitment process as outlined in the answer to question 8 above.

What process should recruiters follow from 1 January 2021 for EEA applicants for roles in the UK. What questions, checks and processes should we put in place as I get a lot of applicants applying from Europe and it is not always clear they have status under the EU Settlement Scheme.

You should follow the same process for all candidates, irrespective of nationality, and only ask a candidate to demonstrate their right to work in the UK at the point where a job offer is made. The Home Office has confirmed that for EEA nationals starting work between 1 January 2021 and 30 June 2021, you can still accept their EEA passport as evidence of their right to work in the UK and will not be required to undertake retrospective checks.

The Home Office is expected to release an update to An employer’s guide to right to work checks during the first half of next year, which will provide details of what right to work checks will be required for EEA nationals from 1 July 2021.

If people can continue to apply for settled or pre-settled status until June 2021 (as opposed to 31 Dec 2020), when should employers start performing new RTW checks on EU nationals and what are these?

See answer to question 10 above.

Is there anything we need to take into consideration for travel on inter-company business from 1 January 2021, ie if a meeting was being hosted in the UK and we wanted people from across Europe to attend?

You will need to assess whether the proposed activities fall within those allowed for visitors, or if a visa allowing work is required. It is the nature of the activities rather than the length of presence in the UK that is relevant when making this assessment.

What will be the costs of the new Skilled Worker route?

The Home Office confirmed in the webinar that fees will not differ from those under the current system immediately, however immigration fees are subject to periodic change. The below outline is based on the current Tier 2 (General) fees.

Skilled Worker Sponsor licence process:

• Application fee – £1,476/£536 (depending on the size of sponsor)

• Priority fee (available from 12 November 2020, not mandatory) – £500

Immigration application for a five-year Skilled Worker visa:

• Application fee – £1,220 from abroad or £1,408 from within the UK

• Biometric enrolment fee – £19.20

• Certificate of Sponsorship fee – £199

• Immigration Health Surcharge – £3,120

• Immigration Skills Charge – £5,000/£1,820 (depending on the size of sponsor)

• Priority fees (not mandatory) – £300/£500

If an EEA national moves to the UK in March 2021, they can still start a new job then and apply to the EU Settlement Scheme? No need for a sponsored visa?

If the person is taking up residence in the UK for the first time on or after 11 pm on 31 December 2020, then they would not be eligible under the EU Settlement Scheme and would be required to apply for permission under the main UK immigration system. Whether they will require sponsorship will depend on their personal circumstances, ie whether they qualify for a non-sponsored visa.

Will someone be able to switch from Tier 2 ICT to the Skilled Worker category without needing to complete the cooling off period? 

Yes, this will be allowed. In-country switching to the Skilled Worker route will however not be allowed for people holding the following UK immigration permission:

• Visitor

• Short-term student

• Parent of a Child Student

• Seasonal Worker

• Domestic Worker in a Private Household

• Permission granted outside the Immigration Rules

It would be really useful to have an example recruitment timeline based on the changes that have been made to the CoS system; also, what are cost of CoS going to be; can you reconfirm there is no cap i.e. we will be able to issue as many as we want? Finally, how will new recruits be able to evidence the English language requirements (wondering if this elongates recruitment timelines)

In comparison to the current Tier 2 (General) recruitment timeline, the timeline will be reduced by around six weeks where resident labour market testing would have been applicable for Tier 2 (General). Sponsors will need to request a ‘defined’ CoS (dCoS) to be allocated for entry clearance applicants, however the Home Office indicated the processing time for this in most cases should be around one working day.

CoS will still be £199 initially.

Sponsors will need to request CoS allocations from the Home Office for in-country applications and will need to justify the need for this, as is currently the case. dCoS will need to be requested on a case-by-case basis.

For information on the English language requirements, see the answer to question 2.

Do people who are already sponsored on a Tier 2 visa need to switch or can they remain on their current visa and switch when expiring?

People who currently hold permission under Tier 2 will continue to have valid permission in this category. They will be able to extend their permission under the Skilled Worker category before expiry.

Please note that the going rates for further permission and settlement under the Skilled Worker route are not the same as they currently are for Tier 2 (General). For some occupations the rates have increased. It will therefore be important to assess the eligibility of Tier 2 (General) migrants for extension and settlement in good time to verify that they will qualify.

Does an employee working in the EU who is visiting the UK subsidiary i.e. for 2 weeks and will contribute to the economic value of the UK subsidiary require a visa or any type of work permit?  They will be doing more than just attending meetings.

If the person is an EEA national who will be entering the UK before 11 pm on 31 December 2020, then free movement arrangements will still apply. If the person enters after this time and they are not eligible to apply under the EU Settlement Scheme before 30 June 2021, then if their activities will go beyond what is allowed for business visitors, then they would need to obtain a UK visa with work permission that authorises them to do the proposed work activities.

We have an employee currently on a Tier 5 visa who will become an EU citizen in the next month. Will she need to re-enter the UK as an EU citizen by 31 December 2020?

The Rules for the EU Settlement Scheme do not require an EEA national to have entered the UK in that capacity, all that is required is that the person is an EEA national by 11 pm on 31 December 2020 and to be residing in the UK by this time. So, assuming your employee is granted her citizenship by 11 pm on 31 December 2020, she should aim to obtain proof of her citizenship as soon as possible and ensure she applies for pre-status under the EU Settlement Scheme by 30 June 2021.

Am I right in understanding that we do not need to check that an employee from the EU who is already employed by us has applied for and been granted settled status? Is this ever, or just before June 2021?

The Home Office has confirmed in the webinar that the present right to work arrangements will remain in place until 30 June 2021. Employers will not be required to do retrospective right to work checks on employees hired on or before 30 June 2021.

Aside from the civil penalty regime for illegal working, there is however a separate criminal offence for knowing, or having reasonable cause to believe that you are employing a person who does not have the right to work in the UK. The Home Office is expected to provide clarification in the first half of next year on what the consequences for an employer will be if it comes to light that an EEA national they employ does not in fact have the right to work in the UK, either because they entered after 31 January 2021 without work permission, or failed to apply on time for the EU Settlement Scheme. 

See the answers to questions 8 and 9.

What are the transitional arrangements where the process has started under the old system but the worker will be starting work in the new system?

Individuals who make a Tier 2 (General) application before 9 am on 1 December 2020 will have their application processed under the current arrangements and will be issued with a visa as a Tier 2 (General) migrant. For the purposes of extension and settlement applications, Tier 2 (General) migrants will be considered under the new Rules to fall within the definition of ‘Skilled Worker’.

Applications submitted after this will be processed under the new Skilled Worker Rules.

In the webinar the Home Office confirmed the following details:

• Tier 2 (General) sponsors will automatically become Skilled Worker sponsors from 1 December 2020 and their unrestricted CoS allocation will also be transferred and available for sponsoring in-country Skilled Worker migrants

• Sponsors will be able to assign CoS from their allocation for in-country Skilled Worker applications from 1 December 2020

• Sponsors will be asked to provide additional PAYE information in relation to Tier 2 (General) unrestricted CoS that have been assigned but not yet used in support of a visa application

• For entry clearance applications made under the Skilled Worker route, a sponsor will have to submit a request to the Home Office on a case-by-case basis for a ‘defined CoS’ (dCoS) to be allocated, which will include the specific job and salary details of the role the migrant will fill

• The dCoS process is anticipated to take around a working day in most cases, and is intended to allow the Home Office to do a sense check on what roles sponsors are intending to fill with new migrants coming to the UK from abroad

• Sponsors who have a live restricted CoS for Tier 2 (General) will have this converted to a dCoS automatically

• Any outstanding requests for rCoS on 30 November 2020 will be converted to dCoS

Related Item(s): BREXIT, Immigration, Immigration & Global Mobility

Author(s)/Speaker(s): Naomi Hanrahan-Soar, Stephen OFlaherty,

Attachment: Lewis Silkin The UKs new immigration system Q As Nov 2020

In our recent webinar in November 2020, we shared an overview of the new system and how it is likely to work in practice. We cover sponsorship of skilled workers and look at some of the main work-related immigration routes, including the Skilled Worker, Intra-Company Transfer, Sporting and Creative, Global Talent and Graduate visas. Our webinar generated a wide-ranging set of questions from attendees, which we have collated and answered as a set of Q&As.

Text:

You can view the webinar in full and download a PDF version of the Q&As below.

In these Q&A’s, unless otherwise indicated, the term ‘EEA national’ means nationals of countries included in the European Economic Area, as well as Swiss nationals. It excludes Irish nationals, who are already considered ‘settled’ in the UK. Irish nationals can, but are not required, to apply under the EU Settlement Scheme (EUSS).

Please note the information provided on this page both in the webinar and Q&As states the position at this point in time and provides general guidance only. Please get in touch for any expert advice relating to particular circumstances.

 

 

We have an EEA national who started work in October 2020 but is working remotely in their home country due to COVID. They will be coming to the UK in January. Will we need to sponsor them under skilled worker visa and will there be issues with this given he has already started work?

If the person physically arrives in the UK by 31 December 2020, even if this is for a preliminary visit, then they would be eligible to apply under the EU Settlement Scheme.

If they arrive in January 2021 or later, then they would need immigration permission under the UK immigration system in order to live and work physically in the UK. This may mean they need to be sponsored under the Skilled Worker route if there is no alternative route applicable to them based on their individual circumstances.

There are no immigration issues with the person working physically in their home country before they arrive in the UK, however there may be other implications, eg from a tax or social security perspective. Our article on remote working abroad outlines some of the issues.

How do you evidence the ‘speaking English’ requirement for the Skilled Worker category?

The options for proving English language ability are expanded in comparison to the current arrangements for Tier 2 (General). The new provisions are set out in bold below.

The English language requirement for Skilled Worker can be met in one of the following ways:

• In a previous UK immigration application, the person has met the English language requirement at the level required for their Skilled Worker application (ie Level B1 on the Common European Framework of Reference for Languages) – this will be the case if the person has previously been granted permission under Tier 2 (General) for example.

• The person is a national of a majority English-speaking country, ie Antigua and Barbuda; Australia; The Bahamas; Barbados; Belize; Canada; Dominica; Grenada; Guyana; Jamaica; Malta; New Zealand; St Kitts and Nevis; St Lucia; St Vincent and the Grenadines; Trinidad and Tobago; USA (the person’s passport will be required as evidence)

• The person has a bachelor, masters or doctorate level degree awarded in the UK (the award certificate, official transcript or official letter from the awarding institution will be required as evidence)

• The person has a bachelor, masters or doctorate degree level qualification taught in a university or college in certain majority English language speaking countries: Antigua and Barbuda; Australia; The Bahamas; Barbados; Belize; Dominica; Grenada; Guyana; Ireland; Jamaica; Malta; New Zealand; St Kitts and Nevis; St Lucia; St Vincent and the Grenadines; Trinidad and Tobago; USA (the award certificate, official transcript or official letter from the awarding institution will be required as evidence, along with a UK NARIC confirmation)

• The person has a bachelor, masters or doctorate degree level qualification that was taught or researched in English (the award certificate, official transcript or official letter from the awarding institution will be required as evidence, along with a UK NARIC confirmation)

• The person has one of the following qualifications that was awarded by an Ofqual regulated awarding body following education in the UK which I undertook while under the age of 18: GCSE; A-level; Scottish National Qualification at Level 4 or 5; Scottish Higher or Advanced Higher in English (language or literature) (the award certificate or official transcript will be required as evidence)

I know that resident labour market testing will not be required under the Skilled Worker route, but will there be any job posting requirements, or is this all going away, with the new process being just to find the right candidate, assess whether a visa is needed and apply for one ie through the Skilled Worker route?

There will not be any job posting requirements at all for the Skilled Worker route. The process you describe is correct, however please see further information on CoS allocation processes at question 22.

You mentioned we don’t need to see qualifications. How are we going to, for audit purposes, verify that the applicant is not lying for the PhD for instance?

The person will need to submit any qualification they are relying on for their application to the Home Office, along with a UK NARIC confirmation if the qualification was awarded outside the UK. UK NARIC launched new services on 1 November 2020 to specifically verify that a PhD awarded abroad is equivalent to a UK PhD, and (if relevant) that it meets the English language requirement. If the job requires a PhD, then you as the employer should follow your usual processes for qualification verification.

If the person is relying on a PhD to score points under the Skilled Worker route, then you as their sponsor must also provide a ‘credible explanation’ of how the qualification is relevant to the job. If relying on a PhD in a Science, Technology, Engineering or Mathematics (STEM) subject, then you must also provide a credible explanation that the qualification is considered by the sponsor to be in a STEM subject. 

Is the removal of the cooling off period for Tier 2 applicable for Tier 2 (ICT)?

There will still be a cooling off period for the Intra Company routes.

If the applicant is a ‘high earner’, ie their salary is £73,900 or more (based on working a maximum of 48 hours a week), then they cannot have cumulative periods of UK immigration permission on the Intra Company routes amounting to more than nine years in any ten-year period.

If the applicant is not a ‘high earner’, then they cannot have cumulative permission amounting to more than five years in any six-year period. 

The ONS SOC occupation coding tool should cover all occupation codes irrespective of whether they are eligible for the Skilled Worker route.

Currently the new eligible SOC codes are contained in Statement of Changes in Immigration Rules HC 813, Appendix Skilled Occupations, and will be published into the Immigration Rules on GOV.UK on 1 December 2020.

What happens if we’ve run out of Certificates of Sponsorship (CoS) and have currently requested additional allocation for visa extensions in the new year?

The Home Office will continue to consider requests for additional CoS allocations and once approved these will be available to the sponsor for assigning under the Skilled Worker route.

However, CoS for entry clearance applications will need to be allocated by the Home Office on a case-by-case basis, after the sponsor has submitted details of the specific job and salary details.

It is no longer a requirement for immigration purposes to demonstrate an inability to recruit a suitable resident worker. The Home Office has now moved to a system where the resident labour market is considered to be adequately protected through the salary thresholds Skilled Workers are required to meet, along with the application fees, compliance obligations and payment of the Immigration Skills Charge.

From a race discrimination perspective, an employer should only ask a candidate to demonstrate their right to work in the UK at a later stage of the recruitment process, eg at final interview or job offer stage. All candidates should have their right to work checked at the same stage. It is not permissible to only consider applications made by UK-based candidates for example.

You can make your employment offers conditional on the person having the right to work in the UK. If the person does not have the right to work, you can consider whether or not the person is eligible for sponsorship, and if so whether you wish to sponsor them.

If an employer does not have a COS, can they ask that only applicants with settled or pre settled status apply?

No, this would not be permissible. To avoid the risk of race discrimination, an employer should only ask a candidate to demonstrate their right to work in the UK at a later stage of the recruitment process as outlined in the answer to question 8 above.

What process should recruiters follow from 1 January 2021 for EEA applicants for roles in the UK. What questions, checks and processes should we put in place as I get a lot of applicants applying from Europe and it is not always clear they have status under the EU Settlement Scheme.

You should follow the same process for all candidates, irrespective of nationality, and only ask a candidate to demonstrate their right to work in the UK at the point where a job offer is made. The Home Office has confirmed that for EEA nationals starting work between 1 January 2021 and 30 June 2021, you can still accept their EEA passport as evidence of their right to work in the UK and will not be required to undertake retrospective checks.

The Home Office is expected to release an update to An employer’s guide to right to work checks during the first half of next year, which will provide details of what right to work checks will be required for EEA nationals from 1 July 2021.

If people can continue to apply for settled or pre-settled status until June 2021 (as opposed to 31 Dec 2020), when should employers start performing new RTW checks on EU nationals and what are these?

See answer to question 10 above.

Is there anything we need to take into consideration for travel on inter-company business from 1 January 2021, ie if a meeting was being hosted in the UK and we wanted people from across Europe to attend?

You will need to assess whether the proposed activities fall within those allowed for visitors, or if a visa allowing work is required. It is the nature of the activities rather than the length of presence in the UK that is relevant when making this assessment.

What will be the costs of the new Skilled Worker route?

The Home Office confirmed in the webinar that fees will not differ from those under the current system immediately, however immigration fees are subject to periodic change. The below outline is based on the current Tier 2 (General) fees.

Skilled Worker Sponsor licence process:

• Application fee – £1,476/£536 (depending on the size of sponsor)

• Priority fee (available from 12 November 2020, not mandatory) – £500

Immigration application for a five-year Skilled Worker visa:

• Application fee – £1,220 from abroad or £1,408 from within the UK

• Biometric enrolment fee – £19.20

• Certificate of Sponsorship fee – £199

• Immigration Health Surcharge – £3,120

• Immigration Skills Charge – £5,000/£1,820 (depending on the size of sponsor)

• Priority fees (not mandatory) – £300/£500

If an EEA national moves to the UK in March 2021, they can still start a new job then and apply to the EU Settlement Scheme? No need for a sponsored visa?

If the person is taking up residence in the UK for the first time on or after 11 pm on 31 December 2020, then they would not be eligible under the EU Settlement Scheme and would be required to apply for permission under the main UK immigration system. Whether they will require sponsorship will depend on their personal circumstances, ie whether they qualify for a non-sponsored visa.

Will someone be able to switch from Tier 2 ICT to the Skilled Worker category without needing to complete the cooling off period? 

Yes, this will be allowed. In-country switching to the Skilled Worker route will however not be allowed for people holding the following UK immigration permission:

• Visitor

• Short-term student

• Parent of a Child Student

• Seasonal Worker

• Domestic Worker in a Private Household

• Permission granted outside the Immigration Rules

It would be really useful to have an example recruitment timeline based on the changes that have been made to the CoS system; also, what are cost of CoS going to be; can you reconfirm there is no cap i.e. we will be able to issue as many as we want? Finally, how will new recruits be able to evidence the English language requirements (wondering if this elongates recruitment timelines)

In comparison to the current Tier 2 (General) recruitment timeline, the timeline will be reduced by around six weeks where resident labour market testing would have been applicable for Tier 2 (General). Sponsors will need to request a ‘defined’ CoS (dCoS) to be allocated for entry clearance applicants, however the Home Office indicated the processing time for this in most cases should be around one working day.

CoS will still be £199 initially.

Sponsors will need to request CoS allocations from the Home Office for in-country applications and will need to justify the need for this, as is currently the case. dCoS will need to be requested on a case-by-case basis.

For information on the English language requirements, see the answer to question 2.

Do people who are already sponsored on a Tier 2 visa need to switch or can they remain on their current visa and switch when expiring?

People who currently hold permission under Tier 2 will continue to have valid permission in this category. They will be able to extend their permission under the Skilled Worker category before expiry.

Please note that the going rates for further permission and settlement under the Skilled Worker route are not the same as they currently are for Tier 2 (General). For some occupations the rates have increased. It will therefore be important to assess the eligibility of Tier 2 (General) migrants for extension and settlement in good time to verify that they will qualify.

Does an employee working in the EU who is visiting the UK subsidiary i.e. for 2 weeks and will contribute to the economic value of the UK subsidiary require a visa or any type of work permit?  They will be doing more than just attending meetings.

If the person is an EEA national who will be entering the UK before 11 pm on 31 December 2020, then free movement arrangements will still apply. If the person enters after this time and they are not eligible to apply under the EU Settlement Scheme before 30 June 2021, then if their activities will go beyond what is allowed for business visitors, then they would need to obtain a UK visa with work permission that authorises them to do the proposed work activities.

We have an employee currently on a Tier 5 visa who will become an EU citizen in the next month. Will she need to re-enter the UK as an EU citizen by 31 December 2020?

The Rules for the EU Settlement Scheme do not require an EEA national to have entered the UK in that capacity, all that is required is that the person is an EEA national by 11 pm on 31 December 2020 and to be residing in the UK by this time. So, assuming your employee is granted her citizenship by 11 pm on 31 December 2020, she should aim to obtain proof of her citizenship as soon as possible and ensure she applies for pre-status under the EU Settlement Scheme by 30 June 2021.

Am I right in understanding that we do not need to check that an employee from the EU who is already employed by us has applied for and been granted settled status? Is this ever, or just before June 2021?

The Home Office has confirmed in the webinar that the present right to work arrangements will remain in place until 30 June 2021. Employers will not be required to do retrospective right to work checks on employees hired on or before 30 June 2021.

Aside from the civil penalty regime for illegal working, there is however a separate criminal offence for knowing, or having reasonable cause to believe that you are employing a person who does not have the right to work in the UK. The Home Office is expected to provide clarification in the first half of next year on what the consequences for an employer will be if it comes to light that an EEA national they employ does not in fact have the right to work in the UK, either because they entered after 31 January 2021 without work permission, or failed to apply on time for the EU Settlement Scheme. 

See the answers to questions 8 and 9.

What are the transitional arrangements where the process has started under the old system but the worker will be starting work in the new system?

Individuals who make a Tier 2 (General) application before 9 am on 1 December 2020 will have their application processed under the current arrangements and will be issued with a visa as a Tier 2 (General) migrant. For the purposes of extension and settlement applications, Tier 2 (General) migrants will be considered under the new Rules to fall within the definition of ‘Skilled Worker’.

Applications submitted after this will be processed under the new Skilled Worker Rules.

In the webinar the Home Office confirmed the following details:

• Tier 2 (General) sponsors will automatically become Skilled Worker sponsors from 1 December 2020 and their unrestricted CoS allocation will also be transferred and available for sponsoring in-country Skilled Worker migrants

• Sponsors will be able to assign CoS from their allocation for in-country Skilled Worker applications from 1 December 2020

• Sponsors will be asked to provide additional PAYE information in relation to Tier 2 (General) unrestricted CoS that have been assigned but not yet used in support of a visa application

• For entry clearance applications made under the Skilled Worker route, a sponsor will have to submit a request to the Home Office on a case-by-case basis for a ‘defined CoS’ (dCoS) to be allocated, which will include the specific job and salary details of the role the migrant will fill

• The dCoS process is anticipated to take around a working day in most cases, and is intended to allow the Home Office to do a sense check on what roles sponsors are intending to fill with new migrants coming to the UK from abroad

• Sponsors who have a live restricted CoS for Tier 2 (General) will have this converted to a dCoS automatically

• Any outstanding requests for rCoS on 30 November 2020 will be converted to dCoS

Related Item(s): BREXIT, Immigration, Immigration & Global Mobility

Author(s)/Speaker(s): Naomi Hanrahan-Soar, Stephen OFlaherty,

Attachment: Lewis Silkin The UKs new immigration system Q As Nov 2020

The guidance replaces the Tier 2 and 5 sponsor guidance. It covers the Skilled Worker, Intra-Company Transfer and Temporary Worker routes and is intended to provide information on sponsorship when these routes are launched from 1 December 2020.

Text:

Existing Tier 2 and 5 sponsors will be automatically approved as sponsors in the equivalent new route, with their sponsor licence expiry and Certificate of Sponsorship (CoS) allocation remaining as currently.

As there will be no uplift to CoS allocations, we anticipate that many sponsors may wish to make an in-year request for an additional CoS allocation. This may be needed to cover any EEA nationals, EEA national family members and any workers who may wish to switch into one of the new routes in-country before the end of the financial year, for example Tier 2 Intra-Company Transfer or Tier 5 Youth Mobility Scheme migrants who wish to switch into the Skilled Worker route.

Structure of the new guidance

The guidance has initially been expanded from one main document into a series of five documents as follows:

• Workers and Temporary Workers – guidance for sponsors part 1: apply for a licence

• Workers and Temporary Workers – guidance for sponsors part 2: sponsor a worker – general information

• Workers and Temporary Workers – guidance for sponsors part 3: sponsor duties and compliance

• Workers and Temporary Workers – sponsor a Skilled Worker

• Workers and Temporary Workers – sponsor an Intra-Company worker

This does not include detailed guidance on each of the Temporary Work routes, so further documents are expected in the near future.

Skilled Workers – defined and undefined Certificates of Sponsorship

For the Skilled Worker category, rather than there being unrestricted and restricted Certificate of Sponsorship (CoS) categories, there will now be undefined and defined CoS. Undefined CoS are for in-country applications and defined CoS are for applicants who will be making an entry clearance application from abroad.

Undefined CoS may be assigned by a sponsor immediately provided they have an available CoS allocation. Defined CoS must be requested and allocated by the Home Office on a case-by-case basis after a checking process, which should be within one working day unless the request is flagged for further checks.

Although there will be no hard numerical cap on defined CoS, the vetting process is intended to allow the Home Office to closely monitor the profile of jobs and salary levels being used to enable skilled workers from abroad to access the UK labour market, and to intervene prior to visa application stage if they identify any concerning trends.

Transitional arrangements for requested or unused Tier 2 (General) CoS

These are set out in Annex SK1, towards the end of the ‘Sponsor a Skilled Worker guidance. In general terms, the guidance confirms:

• Requested restricted CoS will be decided on 28 November 2020 and if successful, added to the sponsor’s undefined CoS allocation where the request is for Tier 4 students or student dependants switching to Skilled Worker, or defined CoS for all other applicants. These must then be upgraded by adding a sponsor note to the sponsor management system (SMS).

• Tier 2 (General) restricted CoS that have already been allocated can still be assigned from 1 December 2020 provided they were allocated less than three months ago are ‘upgraded’ by adding a sponsor note to the SMS.

• Tier 2 (General) CoS assigned before 1 December 2020 can still be used to support a Skilled Worker application provided they were assigned less than three months ago and are ‘upgraded’ by adding a sponsor note to the SMS.

The required sponsor note must include:

• The employer PAYE scheme reference number the worker will be paid under, or an explanation of why they will not be paid via PAYE

• That the worker’s salary will meet the new salary rules for the Skilled Worker category

• Relevant explanations if the worker will be relying on tradeable points scoring under the Skilled Worker route, eg for having a relevant PhD, STEM PhD or meeting the criteria for ‘new entrants’ to the labour market

Online submission of new sponsor licence application documents as standard

Appendix A to the sponsor guidance, which covers the documentation requirements for making a sponsor application, has also been updated. This now refers to the new routes as well as confirming that sponsor licence applications and supporting documentation can be submitted electronically, with the Home Office reserving the right to request originals or certified copies. This does not amount to an operational change as electronic submission has been acceptable throughout the COVID-19 pandemic, however the implementation of this on a permanent basis is a welcome development.

If you would like assistance with applying for or reviewing a sponsor licence, or with sponsoring a worker under the new routes, please contact a member of the immigration team.

 

Related Item(s): Immigration & Global Mobility, BREXIT, Immigration

Author(s)/Speaker(s): Andrew Osborne, Naomi Hanrahan-Soar, Stephen OFlaherty, Joanna Hunt,

The guidance replaces the Tier 2 and 5 sponsor guidance. It covers the Skilled Worker, Intra-Company Transfer and Temporary Worker routes and is intended to provide information on sponsorship when these routes are launched from 1 December 2020.

Text:

Existing Tier 2 and 5 sponsors will be automatically approved as sponsors in the equivalent new route, with their sponsor licence expiry and Certificate of Sponsorship (CoS) allocation remaining as currently.

As there will be no uplift to CoS allocations, we anticipate that many sponsors may wish to make an in-year request for an additional CoS allocation. This may be needed to cover any EEA nationals, EEA national family members and any workers who may wish to switch into one of the new routes in-country before the end of the financial year, for example Tier 2 Intra-Company Transfer or Tier 5 Youth Mobility Scheme migrants who wish to switch into the Skilled Worker route.

Structure of the new guidance

The guidance has initially been expanded from one main document into a series of five documents as follows:

• Workers and Temporary Workers – guidance for sponsors part 1: apply for a licence

• Workers and Temporary Workers – guidance for sponsors part 2: sponsor a worker – general information

• Workers and Temporary Workers – guidance for sponsors part 3: sponsor duties and compliance

• Workers and Temporary Workers – sponsor a Skilled Worker

• Workers and Temporary Workers – sponsor an Intra-Company worker

This does not include detailed guidance on each of the Temporary Work routes, so further documents are expected in the near future.

Skilled Workers – defined and undefined Certificates of Sponsorship

For the Skilled Worker category, rather than there being unrestricted and restricted Certificate of Sponsorship (CoS) categories, there will now be undefined and defined CoS. Undefined CoS are for in-country applications and defined CoS are for applicants who will be making an entry clearance application from abroad.

Undefined CoS may be assigned by a sponsor immediately provided they have an available CoS allocation. Defined CoS must be requested and allocated by the Home Office on a case-by-case basis after a checking process, which should be within one working day unless the request is flagged for further checks.

Although there will be no hard numerical cap on defined CoS, the vetting process is intended to allow the Home Office to closely monitor the profile of jobs and salary levels being used to enable skilled workers from abroad to access the UK labour market, and to intervene prior to visa application stage if they identify any concerning trends.

Transitional arrangements for requested or unused Tier 2 (General) CoS

These are set out in Annex SK1, towards the end of the ‘Sponsor a Skilled Worker guidance. In general terms, the guidance confirms:

• Requested restricted CoS will be decided on 28 November 2020 and if successful, added to the sponsor’s undefined CoS allocation where the request is for Tier 4 students or student dependants switching to Skilled Worker, or defined CoS for all other applicants. These must then be upgraded by adding a sponsor note to the sponsor management system (SMS).

• Tier 2 (General) restricted CoS that have already been allocated can still be assigned from 1 December 2020 provided they were allocated less than three months ago are ‘upgraded’ by adding a sponsor note to the SMS.

• Tier 2 (General) CoS assigned before 1 December 2020 can still be used to support a Skilled Worker application provided they were assigned less than three months ago and are ‘upgraded’ by adding a sponsor note to the SMS.

The required sponsor note must include:

• The employer PAYE scheme reference number the worker will be paid under, or an explanation of why they will not be paid via PAYE

• That the worker’s salary will meet the new salary rules for the Skilled Worker category

• Relevant explanations if the worker will be relying on tradeable points scoring under the Skilled Worker route, eg for having a relevant PhD, STEM PhD or meeting the criteria for ‘new entrants’ to the labour market

Online submission of new sponsor licence application documents as standard

Appendix A to the sponsor guidance, which covers the documentation requirements for making a sponsor application, has also been updated. This now refers to the new routes as well as confirming that sponsor licence applications and supporting documentation can be submitted electronically, with the Home Office reserving the right to request originals or certified copies. This does not amount to an operational change as electronic submission has been acceptable throughout the COVID-19 pandemic, however the implementation of this on a permanent basis is a welcome development.

If you would like assistance with applying for or reviewing a sponsor licence, or with sponsoring a worker under the new routes, please contact a member of the immigration team.

 

Related Item(s): Immigration & Global Mobility, BREXIT, Immigration

Author(s)/Speaker(s): Andrew Osborne, Naomi Hanrahan-Soar, Stephen OFlaherty, Joanna Hunt,

From 31 January 2021, two new immigration routes will be introduced for British National (Overseas) (‘BNO’) citizens and for their adult children, who are born on or after 1 July 1997. These two routes are BN(O) Status Holder and BN(O) Household Member.

Text:

The detailed Immigration Rules for these routes were published by the Home Office on 22 October 2020.

Who can apply under the BN(O) Status Holder route?

Under the new Rules, any BNO citizen who is ordinarily resident in Hong Kong or in the UK (plus Jersey, Guernsey and the Isle of Man) is eligible to apply under this route. It is not necessary for them to hold a valid BNO citizen passport, as long as they qualify for BNO citizenship. Usually this includes people born in Hong Kong before 1 July 1997 who registered for BNO status (though note that there may be some exceptions depending on individual circumstances).

Some family members of a BNO citizen meeting the above criteria can also apply at the same time as the main applicant. The following categories of family members can apply as dependants:

• Spouses and unmarried partners who are in a genuine and subsisting relationship with the BNO citizen. Unmarried partners must have also lived with the BNO citizen for at least two years in a relationship akin to marriage.

• Children and grandchildren under the age of 18, who normally live with the BNO citizen. Both parents of the child, or grandparents of a grandchild must be applying at the same time. Alternatively, if a child’s or grandchild’s application is being accompanied by only one parent’s or grandparent’s application, that parent or grandparent must evidence sole responsibility for the child.

• An adult dependent relative who is over the age of 18 and is the parent, grandparent, brother, sister, son or daughter of the BNO citizen. In addition, adult relatives must be dependent on the BNO citizen because of their age, illness or disability, form part of the same household and be unable to obtain the required level of help in Hong Kong.

Who can apply under the BN(O) Household Member route?

Adult children of a BNO citizen over the age of 18 and born on or after 1 July 1997 can apply under this route. They must normally live with their BNO citizen parent.

Main applicants under the BN(O) Household Member route can have dependants accompany them to the UK. However, this includes partners and minor children only (not grandchildren and adult dependent relatives).

Eligibility criteria for all applicants

Residence in Hong Kong or the UK

Those applying for entry clearance must be ordinarily resident in Hong Kong. Individuals who are already in the UK must be ordinarily resident in the UK. There is no minimum period of residence or maximum limit on absences to comply with. Applicants will need to show that they live in the UK or Hong Kong on a regular basis and provide evidence confirming this, eg utility bills, tenancy or mortgage agreement, identity card, a letter from an employer, doctor or government agency, school reports, tax documentation or a polling card.

Financial requirement

Applicants will need to show that they can maintain and accommodate themselves and dependants for at least six months. They will need to provide bank statements showing sufficient funds and evidence confirming accommodation arrangements, eg a tenancy agreement, letter from landlord or a family member.

Applicants who have been residing in the UK for more than 12 months are not required to provide the above evidence and will automatically meet the financial requirement.

Tuberculosis testing

Applicants resident in Hong Kong will need to provide TB test certificate from a Hong-Kong based Hong Kong-based approved clinic. UK applicants with leave granted for six months or less or who obtained leave to enter at the border will also need to provide a TB test certificate from a UK-based UK-based approved clinic.

Other requirements

Applicants must not have any serious criminal convictions or adverse immigration history, eg previously deceiving immigration authorities.

It is not necessary for applicants to speak English (and to meet the English language requirement) to be granted limited leave under these routes. However, those who wish to apply for settlement in the future must meet the English language and Life in the UK test requirements.

Application process

The application process for both routes will be launched on 31 January 2021. Before this date, is also possible for BNO citizens and their dependants who travel to the UK to be admitted outside the Immigration Rules on arrival and for those whose existing leave expires before the scheme launches to apply for further stay outside the Immigration Rules. In each case applicants must provide evidence of meeting all the eligibility criteria above.

The Home Office intends to release an ID check app for use in the application process. Applicants with biometric passports can use the app to submit their application. Alternatively, applications can be made using an online form. Applicants will then be required to enrol their biometric information (fingerprints and a digital photo) at a visa application centre.

Visa duration and format

It is possible to apply either for a 30-month visa or a five-year visa. It may be convenient to apply for a five-year visa to avoid the need to renew it in the future, however this will involve greater upfront cost. Successful applicants will receive a digital visa.

Settlement and British citizenship

After five years continuous residence in the UK, main applicants and their dependants may become eligible for settlement, otherwise called indefinite leave to remain (ILR) or. permanent residence. They will need to meet all the usual settlement requirements, which for adults includes passing the Life in the UK test (unless exempt) and not being absent from the UK for more than 180 days in any rolling 12-month period during the five years.

For most applicants, eligibility for British citizenship will become possible a year after settlement has been granted. It will be possible immediately after the grant of settlement for those with a British spouse or civil partner, or for children under 18 who are born in the UK. Naturalisation as a British citizen involves different residence requirements of no more than 450 days absence over the five years before the application (or no more than 270 days over a three year qualifying period for those with a British spouse or civil partner), and no more than 90 days absence in the final 12 months.

Cost

The Home Office application fee will be £180 for a 30-month visa or £250 for a five-year visa.

Applicants will also be required to pay the Immigration Health Surcharge, which is currently £624 per year per adult and £470 per year per child. There may also be additional fees for appointments and for the priority service to expedite application processing.

Visa conditions

Main applicants and their dependants will be permitted to study and work in the UK with few restrictions while holding leave on these routes.

Employment as a professional sportsperson or sports coach will not be allowed.

There will also be no access to public funds while holding limited leave under the routes (though accessing the NHS and attending a state school is allowed).

If you would like further information about these routes or require assistance with applying, please contact Naomi Hanrahan-Soar or Li Xiang.

Related Item(s): Immigration & Global Mobility, Immigration law in Hong Kong, Asia Pacific Region

Author(s)/Speaker(s): Andrew Osborne, Naomi Hanrahan-Soar, Li Xiang,

From 31 January 2021, two new immigration routes will be introduced for British National (Overseas) (‘BNO’) citizens and for their adult children, who are born on or after 1 July 1997. These two routes are BN(O) Status Holder and BN(O) Household Member.

Text:

The detailed Immigration Rules for these routes were published by the Home Office on 22 October 2020.

Who can apply under the BN(O) Status Holder route?

Under the new Rules, any BNO citizen who is ordinarily resident in Hong Kong or in the UK (plus Jersey, Guernsey and the Isle of Man) is eligible to apply under this route. It is not necessary for them to hold a valid BNO citizen passport, as long as they qualify for BNO citizenship. Usually this includes people born in Hong Kong before 1 July 1997 who registered for BNO status (though note that there may be some exceptions depending on individual circumstances).

Some family members of a BNO citizen meeting the above criteria can also apply at the same time as the main applicant. The following categories of family members can apply as dependants:

• Spouses and unmarried partners who are in a genuine and subsisting relationship with the BNO citizen. Unmarried partners must have also lived with the BNO citizen for at least two years in a relationship akin to marriage.

• Children and grandchildren under the age of 18, who normally live with the BNO citizen. Both parents of the child, or grandparents of a grandchild must be applying at the same time. Alternatively, if a child’s or grandchild’s application is being accompanied by only one parent’s or grandparent’s application, that parent or grandparent must evidence sole responsibility for the child.

• An adult dependent relative who is over the age of 18 and is the parent, grandparent, brother, sister, son or daughter of the BNO citizen. In addition, adult relatives must be dependent on the BNO citizen because of their age, illness or disability, form part of the same household and be unable to obtain the required level of help in Hong Kong.

Who can apply under the BN(O) Household Member route?

Adult children of a BNO citizen over the age of 18 and born on or after 1 July 1997 can apply under this route. They must normally live with their BNO citizen parent.

Main applicants under the BN(O) Household Member route can have dependants accompany them to the UK. However, this includes partners and minor children only (not grandchildren and adult dependent relatives).

Eligibility criteria for all applicants

Residence in Hong Kong or the UK

Those applying for entry clearance must be ordinarily resident in Hong Kong. Individuals who are already in the UK must be ordinarily resident in the UK. There is no minimum period of residence or maximum limit on absences to comply with. Applicants will need to show that they live in the UK or Hong Kong on a regular basis and provide evidence confirming this, eg utility bills, tenancy or mortgage agreement, identity card, a letter from an employer, doctor or government agency, school reports, tax documentation or a polling card.

Financial requirement

Applicants will need to show that they can maintain and accommodate themselves and dependants for at least six months. They will need to provide bank statements showing sufficient funds and evidence confirming accommodation arrangements, eg a tenancy agreement, letter from landlord or a family member.

Applicants who have been residing in the UK for more than 12 months are not required to provide the above evidence and will automatically meet the financial requirement.

Tuberculosis testing

Applicants resident in Hong Kong will need to provide TB test certificate from a Hong-Kong based Hong Kong-based approved clinic. UK applicants with leave granted for six months or less or who obtained leave to enter at the border will also need to provide a TB test certificate from a UK-based UK-based approved clinic.

Other requirements

Applicants must not have any serious criminal convictions or adverse immigration history, eg previously deceiving immigration authorities.

It is not necessary for applicants to speak English (and to meet the English language requirement) to be granted limited leave under these routes. However, those who wish to apply for settlement in the future must meet the English language and Life in the UK test requirements.

Application process

The application process for both routes will be launched on 31 January 2021. Before this date, is also possible for BNO citizens and their dependants who travel to the UK to be admitted outside the Immigration Rules on arrival and for those whose existing leave expires before the scheme launches to apply for further stay outside the Immigration Rules. In each case applicants must provide evidence of meeting all the eligibility criteria above.

The Home Office intends to release an ID check app for use in the application process. Applicants with biometric passports can use the app to submit their application. Alternatively, applications can be made using an online form. Applicants will then be required to enrol their biometric information (fingerprints and a digital photo) at a visa application centre.

Visa duration and format

It is possible to apply either for a 30-month visa or a five-year visa. It may be convenient to apply for a five-year visa to avoid the need to renew it in the future, however this will involve greater upfront cost. Successful applicants will receive a digital visa.

Settlement and British citizenship

After five years continuous residence in the UK, main applicants and their dependants may become eligible for settlement, otherwise called indefinite leave to remain (ILR) or. permanent residence. They will need to meet all the usual settlement requirements, which for adults includes passing the Life in the UK test (unless exempt) and not being absent from the UK for more than 180 days in any rolling 12-month period during the five years.

For most applicants, eligibility for British citizenship will become possible a year after settlement has been granted. It will be possible immediately after the grant of settlement for those with a British spouse or civil partner, or for children under 18 who are born in the UK. Naturalisation as a British citizen involves different residence requirements of no more than 450 days absence over the five years before the application (or no more than 270 days over a three year qualifying period for those with a British spouse or civil partner), and no more than 90 days absence in the final 12 months.

Cost

The Home Office application fee will be £180 for a 30-month visa or £250 for a five-year visa.

Applicants will also be required to pay the Immigration Health Surcharge, which is currently £624 per year per adult and £470 per year per child. There may also be additional fees for appointments and for the priority service to expedite application processing.

Visa conditions

Main applicants and their dependants will be permitted to study and work in the UK with few restrictions while holding leave on these routes.

Employment as a professional sportsperson or sports coach will not be allowed.

There will also be no access to public funds while holding limited leave under the routes (though accessing the NHS and attending a state school is allowed).

If you would like further information about these routes or require assistance with applying, please contact Naomi Hanrahan-Soar or Li Xiang.

Related Item(s): Immigration & Global Mobility

Author(s)/Speaker(s): Andrew Osborne, Naomi Hanrahan-Soar, Li Xiang, Parvin Iman,

The Act provides the legislative basis for ending EU free movement arrangements in the UK after the end of the transition period, and for recognising the immigration status of Irish citizens in the UK.

Text:

The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 received Royal Assent on 11 November 2020.

What does the Act do?

The Bill contains provisions to:

• Revoke the free movement arrangements EEA nationals and their family members currently enjoy, which enables the Government to bring them within the scope of the immigration system it plans to implement from 1 January 2021

• Clarify and protect the status of Irish citizens in the UK, enabling them to continue to enter and remain the UK without restriction (including that they will not be required to apply for leave) once free movement arrangements end, unless they are subject to a deportation order, exclusion order or international travel ban

• Make changes to social security coordination arrangements between the UK and EU after the end of the transition period for those who are not covered by the Withdrawal Agreement, eg tobring eligibility for income-related benefits for EEA/Swiss citizens in line with those for non-EEA nationals and to stop the export of Child Benefit from the UK

• Require the Home Office to review, or arrange for a review of, the ways in which protection claimants who are in a member State are able to enter the United Kingdom lawfully (this is the only Lords amendment that has been incorporated into the Act)

When will the immigration changes take effect?

Separate commencement orders will need to be laid confirming this, however the immigration changes are expected to take effect from the end of the transition period, ie 11 pm on 31 December 2020. This will be necessary to enable the domestic Immigration Rules to be applied to EEA nationals and their family members with effect from that point.

The Government has made substantial changes to the current system via Statement of Changes in Immigration Rules HC 813, which was laid last month. We have commented on the Rule changes most likely to be of importance to employers here, including the introduction of the new Skilled Worker and Intra Company routes.

Separate regulations have been made to enable people who are eligible to apply under the EU Settlement Scheme (EUSS) to be able to maintain their lawful status in the UK, and to travel to and from the UK during the period from 1 January 2021 to 30 June 2021, which is the main deadline for applying under EUSS.

If you would like further information on this development, please contact a member of the immigration team.

 

Related Item(s): Immigration & Global Mobility, BREXIT, Immigration

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