How Much Does it Cost to Sponsor Someone for a UK Work Visa?

Readers should note these costs are likely to change in 2021 when the government launches its new points based system. At the time of writing (17/08/2020) the Immigration Health Surcharge is £400 per year, but this will be raised to £624 per year from 01/10/2024.

 

What are the Costs?

Companies MUST pay the following to sponsor a Tier 2 worker

  • Immigration Skills Charge (unless the individual is switching from a Tier 4 (student) visa to a Tier 2 visa, will do a job with a PhD level standard occupational classification, or has a Tier 2 (ICT) Graduate Trainee visa).

 

For small, or charitable sponsors this costs £364 for the first 12 months and then £182 for each 6 month period after that. For medium or large sponsors it will cost £1000 for the first 12 months and £500 for each additional 6 month period. This will be refunded if the worker’s visa is refused or they do not start working with you. You will get a partial refund if they leave their job before the end date on the CoS.

  • Sponsor Licence fee (if not already licensed) £536 for a small or charitable sponsor, £1476 if a medium or large sponsor. (small is defined as £10.2 million or less annual turnover and 50 employees or fewer). This is for 4 years, after which it will need to be renewed.
  • Issuing a Certificate of Sponsorship. This will cost £199 regardless of the size of the company.

 In addition to the above the following is also payable for a Tier 2 visa.

  • Immigration Health Surcharge – £400 a year (going up to £624) 01/10/2020
  • Application fee outside the UK – Shortage (3 years or less): £464. Non-shortage (3 years or less) £610. Inside the UK (extending or switching). Shortage (3 years or less): £464. Non-shortage (3 years or less) £704.
  • Biometric enrolment fee – £19.20
  • UKVCAS appointment fee – £0-£210 (depends on location and time)
  • Expedited processing (optional) – decision in 5 working days = £500, 24 hours = £80

 

Who Pays What?

The Immigration Skills Charge must be paid by the employer, but other costs can be split between employer and applicant. You might for instance decide that you are happy to pay for the application fee but ask the employee to pay for their own Immigration Health Surcharge. This is a matter to work out with your employee prior to applying.

 

What About Family Members?

Family members must also pay their own application fees and Immigration Health Surcharges, meaning these costs increase significantly for every additional applicant. You should ask how many family members your potential employee hopes to bring with them and reach an agreement on who will be responsible for the costs.

 

Case Study: Single Worker

Holly runs a small veterinary practice and is hoping to employ a new veterinary surgeon. One of her employees mentions she has a friend from university, Marcia, who is a Brazilian national and performed top of the class. Holly interviews Marcia and she is perfect for the role so Holly decides to sponsor her for 3 years. Marcia has no partner or children.

Veterinary Surgeon’s are considered a shortage occupation, and Holly’s business is a small family business. As such the cost will be:

  • Sponsor License £536
  • Certificate of Sponsorship – £199
  • Immigration Skills Charge – £1092
  • Immigration Health Surcharge – £1200
  • Application Fee (shortage) £464

This totals £4027, which seems like a formidable amount for a small company, but is very much towards the lower end of the scale. As you can see with our next case study, once you start adding dependants or considering bigger companies, costs can quickly spiral.

 

Case Study: Family of 5

Garima runs a large company with branches all over the world which manufactures luxury cars. She wants to employ Jin, a Chinese national, as a project co-ordinator as he has been introduced to her by an employee of one of the company’s overseas branches. Jin accepts the job offer on the condition that his wife and 3 children are able to travel with him. Garima offers to sponsor him for 3 years.

Project Co-ordinator is not considered a shortage application and Garima’s company is a large multinational outfit so she will have to pay the higher fee for the sponsor license.

The costs will be:

  • Sponsor License £1476
  • Certificate of Sponsorship – £199
  • Immigration Skills Charge (Large company) – £3000
  • Immigration Health Surcharge x 5 – £6000
  • Application Fee x 5 – £3,050

This totals £13,725 even without accounting for any additional fees relating to courier service, priority service, or even fees related with using an immigration firm. This is an amount which many employers will balk at being asked to pay. It is important to discuss with the potential employee exactly how much of the cost each party will take responsibility for paying (for instant perhaps the applicant pays the Immigration Health Surcharge, or all costs associated with their dependants). It might also be useful to work out some sort of repayment scheme with employees that don’t have the necessary savings at the time of application. This is particularly relevant where the potential employee is from a country with an unfavourable exchange rate and/or comparatively low earnings which may have made it hard for them to accrue the necessary savings.

 

If you are interested in employing non-EEA nationals to work for your business (or EEA nationals after 01/01/2021) and would like help with a sponsor license or the application process we can help. Give us a call on 01403 801 801 or email us at [email protected]

The Hong Kong BN(O) Visa – What is it and How Can I Get it?

What is this Visa?

If you’ve been keeping up with the news lately you have undoubtedly heard a lot about China’s relationship with Hong Kong and the controversial new National Security Law it aims to impose upon people living there. The UK considers this law a serious breach of the 1984 Sino-British declaration which also undermines the “one country, two systems” agreement. In response, the UK government has announced it will create a bespoke immigration route which will allow British National (Overseas) citizens who live in Hong Kong to move to the UK with their family to work and study.

If you are not familiar with the intricacies of immigration law or the UK’s role in Hong Kong’s history you might wonder exactly what being a British National (Overseas) citizen means, and why there are so many of them in Hong Kong. To explain simply and without derailing this blog into a long historical thesis is difficult, but in short BN(O) was a nationality status opened to people living in some British Dependent Territories as a result of these locations’ historical ties with the UK. These individuals have no automatic right of residence and have traditionally had to apply for entry clearance in the same way as other non-EU nationals. This new visa greatly increases the immigration rights associated with being a British National (Overseas) citizen in Hong Kong, allowing people with this status to migrate to the UK without a job offer or sponsor.

Who Can Apply?

British National (Overseas) citizens who are normally resident in Hong Kong as well as their immediate family. This can include a spouse, unmarried partner, dependent child and ‘other family members where they can show there is a high level of dependency’. Unmarried partners will have to show evidence they have been living together in a ‘relationship similar to a marriage or civil partnership’ for at least 2 years. This will likely involve providing documents such as tenancy agreements or utility bills in both parties’ names.

Applicants will also need to show a commitment to learning English if they do not already have a good command of the language, as well as be willing to pay an application fee and an Immigration Health Surcharge of £624 a year.

What Can I Do in the UK?

You will be able to work and study in the UK and at this point no restrictions have been announced on the type of work or study you will be permitted to undertake.

You will not be allowed to use any public funds until you achieve Indefinite Leave to Remain or full British Citizenship. You will also have to pay an Immigration Health Surcharge of £624 a year in order to access the NHS (£400 if you enter on this route outside the rules before October 2020).

Can I Live Here Permanently?

Yes, this visa will offer a route to permanent residency after 5 years continuous residence in the UK, and citizenship after 1 year of permanent residency.

When Will Applications Open?

This route will be officially open from January 2021, made available at the same time as the government’s new points-based system.

What if I Want to Come Now?

The government has issued guidance for those who wish to come to the UK before the Hong Kong BN(O) Visa is available. If you are not eligible under any existing paths it may be possible for you to apply at the UK border for a period of 6 months ‘Leave Outside the Rules’. You will be able to apply with dependants and will need to show your identity, your BN(O) citizen status, that you normally live in Hong Kong, and that you can support yourself financially.

This route might be of interest to anybody who feels like they may be in immediate danger as the result of the new law. In order to prove your residence in Hong Kong you should bring documents to the border with you such as a voter’s card, identity card, letter from the local council, medical card etc. and make it clear that you are intending to make an application outside of the rules as a British National (Overseas) Citizen from Hong Kong.

What Documents Will be Needed?

You will need to provide:

  • A valid passport (Does not need to be a BN(O) passport).
  • Documentation to prove your BN(O) status. This can include an expired or current passport.
  • Evidence you normally reside in Hong Kong.
  • Evidence you can support yourself financially for at least 6 months (there is no guidance at present on how much would be required to satisfy this).
  • A TB test from a clinic approved by the Home Office.

 

If you are interested in this route, or need other immigration advice, we can help. Email us at [email protected] or call us on 01403 801 801 for a consultation.

What is the new Health and Care Visa and Who is Included?

Why has it been brought in?

One of the biggest questions around the end of free movement from January 2021 has been how the government will mitigate a potential labour shortage in the healthcare sector given that many care workers and other healthcare staff do not earn enough to be eligible under the proposed ‘points-based system’, which has a minimum salary threshold of £20,408 (For more information see our previous blog). These roles have previously been filled by EU migrants exercising their right to free movement, but with this ending in January 2021 the question of who will fill the gap has plagued the government.

Home Secretary Priti Patel has previously suggested mobilising the country’s ‘economically inactive’, but as this is comprised largely of students, people who have retired, people who are disabled, and people who are not currently seeking work it is apparent that this is not a satisfactory answer. In response to growing public concern, especially in light of the Covid-19 crisis the government has announced a new ‘Health and Care’ visa which will be launched this summer. Let’s explore whether this is just lip service or whether it has a real chance of filling the gap left by Brexit.

What is the Visa?

The government is selling it as a new visa category aimed to ‘ensure UK health and care services have access to the best global talent’. It will include, perhaps most notably, an exemption to the Immigration Health Surcharge, which is due to go up to £624 a year later this year. This is a big concession, likely in response to public opinion towards NHS staff and other frontline workers shifting during the Covid-19 crisis meaning the idea of charging NHS workers to use the service they helped to provide during a global pandemic was no longer palatable to the British public.

Further features of the route will include a reduced application fee (UK visa fees are among some of the most expensive in the world), which further demonstrates government commitment to encouraging foreign healthcare workers to come and support our over-burdened healthcare system. The Home Office also aims to make a decision on these cases within 3 weeks. While they are claiming this will make it ‘faster’ for applicants in this route to obtain a decision, the current processing time is 15 working days for an out of country application for a skilled worker, which the more mathematically minded will note is, in fact, also 3 weeks.

The visa will also not benefit in increased processing times thanks to the abolition of the resident labour market test as healthcare workers are considered shortage occupation workers and are thus exempt. It is difficult to see the government’s claims of a fast-track process as being significantly different from the system as it is today, and as it will exist for other skilled workers under the new scheme. The only material difference appears to be the price.

Who Is and Isn’t Covered? Will Workers in Care Homes be Able to Apply?

One of the primary concerns with the government’s original plans was that whatever provisions may be made for NHS workers, workers in care homes (private or subsidised) were largely forgotten. These workers often earn well under the proposed absolute minimum threshold of £20,408 and while in an ideal world they would be paid more, it is pointless to legislate for an ideal world that does not exist. As such the argument is that care homes, already struggling after the Covid-19 crisis, will be unable to source enough staff to function when deprived of the ability to recruit EU staff. It is worth noting that it is estimated there are currently approximately 110,000 unfilled care jobs in the UK, and of the roles filled, over 100,000 of these are filled by EU migrants.

Obviously it is unlikely that all of these EU workers will quit immediately, but as they leave or retire it will be difficult for care homes to recruit new staff, leading to a potential disaster where over 200,000 posts are unfilled. There is also the risk that in order to fill roles care homes will be forced to offer a higher salary to overseas applicants in order to meet the threshold, meaning British workers and workers with other leave to remain in the UK will end up on a lower salary than their overseas counterparts, which rather undercuts the governments claims that reducing immigration will be of benefit to the British people.

While the government has indicated that the role will be open to ‘all eligible roles within the health and care sector’, these are as follows, and notably do not explicitly include workers in care homes unless they could be classified under ‘Health Professionals not elsewhere classified’:

• 2112 – Biological scientists and biochemists
• 2113 – Physical Scientists
• 2211 – Medical Practitioners
• 2212 – Psychologists
• 2213 – Pharmacists
• 2214 – Ophthalmic Opticians
• 2215 – Dental practitioners
• 2217 – Medical Radiographers
• 2218 – Podiatrists
• 2219 – Health Professionals not elsewhere classified
• 2221 – Physiotherapists
• 2222 – Occupational Therapists
• 2223 – Speech and Language Therapists
• 2229 – Therapy professionals not elsewhere classified
• 2231 – Nurses
• 2232 – Midwives
• 2442 – Social Workers
• 3213 – Paramedics

They have also indicated that they believe ‘immigration is not the answer to the challenges in the social care sector and, as we implement the new immigration system, we want employers to focus on investing in our domestic workforce.’ This suggests that while care workers may be eligible, they will be unlikely to use this route in practice unless reforms in the healthcare sector allow for higher salaries to be paid allowing potential applicants to meet the threshold. It is worth noting that the worse the staffing crisis becomes, the less appealing the sector is to new entrants who are unlikely to be enticed by the combination of a low salary, a difficult job, and increasingly long hours doing the work of several people.

In summary while the new visa route may sound impressive, unless some serious changes are made before its launch it will do little to fill the labour gap and amounts to little more than a cheaper visa for NHS workers which, while certainly a worthy cause, will not do anything to mitigate the potential crisis facing care homes and other low paid healthcare positions as a result of Brexit.

 

If you are interested in a UK visa we can help. Contact us at [email protected] or on 01403 801 801 for a consultation.

What positive changes for employers are coming in 2021? Your guide to the new points based system

With the Covid-19 crisis throwing a spanner into the works of so many government departments and dominating the media, there’s been little news regarding Priti Patel’s new points based immigration system since the bare bones were released in February (discussed here). That changes today (13/07/2020) with a 130 page document published by the Home Office providing ‘Further Details’ of the new system, which is still on schedule to go into force from January 2021 . We will discuss the new developments and what they might mean for you below.

 

Proving Immigration Status for EU Citizens – Currently non-EU migrants working in the UK receive a Biometric Residence Permit (BRP) which demonstrates their right to live and work in the UK. EU citizens have thus far not been issued with a similar physical document, prompting concerns that EU citizens may struggle to prove their immigration status to employers and landlords. The document addresses this concern, indicating that while no physical document will be issued, EU citizens will be able to access an online service which can be used to confirm their rights and access to services where necessary.

This will simplify right-to-work checks for employers by making information available in real time and removing the need to check physical documents. Similar plans are in the pipeline for landlords.

 

Biometric Requirements – EU citizens will not have to attend a Visa Application Centre to enrol biometrics but will instead be able to do so via a smartphone app. The long term aim is to expand this so that all visitors and migrants are supplying biometrics under a single system, which prioritises self-enrolment integrated with the digital application process.

 

Fees – The application fees will continue to apply as they do now, however the Immigration Skills Charge will now be applicable to EU, EEA and Swiss citizens in addition to other migrant workers.

The Immigration Health Surcharge (IHS) will continue to be payable to at the higher rate (£624 PA) announced earlier this year, however a discounted rate will be available for children and the government intends to exempt frontline workers in the NHS and healthcare sector.

 

Switching Visa Categories – ‘Most migrants’ will be allowed to switch from one immigration route to another without having to leave the UK, the exceptions are listed as those on short term routes such as visitors or seasonal workers. While the government has not said explicitly, this implies that individuals hoping to switch from Tier 5 Youth Mobility Visas and other long term visas which currently require return to the applicants home country would therefore be able to switch in country.

 

Sponsoring Students and Skilled Workers – The Resident Labour Market Test (RLMT) will be abolished along with the cap on skilled workers.

Existing Tier 2 (General) and Tier 2 (ICT) sponsors will automatically be granted a new Skilled Worker licence or ICT licence.

 

Skilled Workers – Under the new system prospective skilled workers must score a certain number of points, some of which are tradeable. Meeting the mandatory criteria will net the applicant 50 points, and a further 20 points must be accrued through a combination of points awarded for salary, a job in a shortage occupation or a relevant PhD.

There are will be different minimum salary rules for workers in certain health or education jobs and for new entrants. The salary requirement for new entrants will be 30% lower than the experienced rate to a minimum of £20,480. For healthcare workers the minimum salary will be £20,480 and the £25,600 threshold required to score additional points will not be applicable. An exception will be made for nurses and midwives who can be paid a lower salary for their first 8 months in the UK until they achieve full UK registration as a nurse or midwife.

The definition of a new entrant has been expanded to include people “working towards recognised professional qualifications or moving directly into postdoctoral positions.”

 

Health and Care Visa – Aimed at incentivising people to come to work for the NHS, this visa route will have fast track entry, reduced application fees and dedicated support with the application process. Applicants will also be exempt from the IHS. This visa is still subject to the £20,480 salary threshold.

 

Global Talent Visa – This visa is aimed at attracting highly skilled migrants with specialist skills and replaces the Tier 1 (exceptional talent visa). Applicants must be endorsed by a recognised UK body as approved by the Home Office. Applicants should be internationally recognised at the highest level and should be leaders in their field or likely to become leaders in their field. There is no English language requirement and applicants will be able to settle on this route.

To facilitate access for scientists and researchers there will be a fast-track endorsement process available to individuals who are; in receipt of a named award or fellowship, in a senior academic position and, part of a publicly funded research team in receipt of prestigious funding or awards.

 

Students – No limit will be imposed on the number of international students and to further increase retention of promising students the government will launch a Graduate route in summer 2021 (the current Doctorate Extension Scheme will also close at this time). This will allow individuals who have completed a degree at a UK university to stay in the UK for 2 years after graduation during which they can work at any skill level and hopefully find a job which will enable them to switch into a skilled worker visa. Under the new scheme students will require 70 points which will not be tradeable (similar to the current system).

The current study time limit for postgraduate students will be removed although students will still have to demonstrate they are progressing academically.

 

Visitors Visas – The government intends to treat EU citizens as Non-visa nationals after free-movement is brought to an end. Individuals on a visit visa will be able to study for up to 6 months.

 

Intra-Company Transfer Visas – Unlike the current system applicants on this route will be able to apply to switch onto the Skilled Worker route (previously this was only available to those earning more than £159,600).  The cooling off period will also be adjusted so that applicants must not hold entry leave on an ICT visa for more than 5 years out of any six-year period (except where their salary makes them eligible to be granted an ICT visa for 9 years).

 

These changes (and more) will come into play from 11pm on 31/12/2020 and formal guidance and Immigration Rules will continue to be published up until this point. Please continue to follow us for the latest on immigration news.

If you need help with a UK visa for yourself or one of your employees or students, or would like some advice on any of the issues raised above, please get in touch for a consultation by emailing us at [email protected] or on 01403 801 801.

 

Free visa extensions announced for frontline health and care workers

Home Secretary had announced on 31 March that around 2,800 doctors, nurses and paramedics with leave due to expire by 1 October would get a free one-year extension. Family members are included and there are no fees involved.

On 29 April, the department announced that it was extending the scheme to cover other “frontline workers, including midwives, radiographers, social workers and pharmacists” with visas due to expiring before 1 October. There appears to be no comprehensive list of the professions covered.

letter to the Home Affairs Committee on the same date confirmed that the extensions are available to anyone on the list of professions covered — whatever that list maybe — who is subject to immigration control, “not just sponsored migrant workers on Tier 2 (General) or Tier 5 visa”.

Furlough and foreign nationals – is it a public fund?

The government’s furlough scheme went live on 20 April 2020.

For the avoidance of doubt, the scheme does cover migrant workers. HM Revenue and Customs guidance states that:

 

Foreign nationals are eligible to be furloughed. Grants under the scheme are not counted as ‘access to public funds’, and you can furlough employees on all categories of visa.

 

Sponsors will still need to report that a worker has been furloughed, and any reduction in salary if not making up the extra 20%.

For any immigration needs, please contact our expert consultants on 01403801801 or [email protected]

Checking Right to Work During the Covid-19 Crisis

Every employer has a duty to ensure that all its employees have the right to work in the UK, either by virtue of their British Citizenship, or as a term of their right to remain. It is a criminal offence to knowingly employ someone who has no right to work in the UK, so it is important that checks are carried out in line with government guidelines. This would normally involve meeting the employee and checking their original documents, however in light of the logistical difficulties involved in this arising from the Covid-19 crisis the Home Office has made some adjustments to make carrying out these checks easier. In order to carry out checks safely during the Covid-19 crisis the following adjustments have been made:

  • You can ask the worker to submit scanned copies of their original documents by email instead of checking in person.
  • You can arrange a video chat over Skype, Zoom or a similar app in which the worker can hold their documents up to the camera for you to check.
  • If the worker has a BRP, Biometric Residence Card or status under the EU settlement scheme you can use the online right to work checking service while doing a video call with the applicant. The applicant will need to give their permission for you to view their details.
  • You should record the date you carried out one of the above checks and mark it as ‘adjusted check undertaken on [insert date] due to Covid-19.

If the worker cannot show their documents you must contact the Home Office Employer Checking Service which will provide you with a ‘Positive Verification Notice’, giving you a 6 month statutory excuse if the person is found to have the right to work.

 

When the Covid-19 measures end you will have to follow the checking process set out in the government’s right to work checks: an employer’s guide. You will have to perform retrospective checks on employees who started working for you or required a follow-up check during these measures unless you did the check in the manner prescribed in the employers guide with no adjustments. This check must be performed within 8 weeks of the Covid-19 measures ending. If you find during a retrospective check that your employee does not have the right to work you must then end their employment.

Free One Year Visa Extension for NHS Workers and their Families

 

Good news for those on the front line of the Coronavirus battle as the Home Office announces a free, automatic one year extension to all NHS workers and their family who have visas expiring before 01/10/2020.

The scheme will apply to doctors, nurses and paramedics and will affect around 2,800 NHS workers. The extension will also apply to their family members as a gesture of goodwill and to demonstrate ‘how valued overseas NHS staff are to the UK’. This means NHS workers will not have to endure the added stress and uncertainty of a visa application on top of the incredible amount of pressure they are already enduring on the front line and will allow them to focus fully on combating Covid-19, without the distraction of uncertainty about theirs or their families’ visa statuses.

There will be no fee attached to the extension, and it will also be exempt from the Immigration Health Surcharge, which is normally charged to all migrants in the UK on a temporary visa to allow them to access the NHS. Given that these migrants are risking their safety and working around the clock to support the NHS it seems only fair that this fee has been waived for them, and it would be nice to see more recognition of their contributions in the future given that the Home Office raised the fee these workers would have to pay to use the NHS by nearly double just a few weeks ago.

In addition to the extension, the Home Office has made several other changes with the hope of improving NHS capacity. These include lifting restrictions on the amount of hours student nurses and doctors can work in the NHS as well as giving more time to pre-registered overseas nurses to pass their exams so they can spend their immediate time working to combat Covid-19.

While this is a big relief for NHS key workers, there are still many other people who’s visas will be impacted by Covid-19. If you have any coronavirus related visa concerns please do get in touch at [email protected] or on 01403 801 801 for a video consultation.

Coronavirus Latest – UK Visa Centres Now Closed

As of 29/03/2020 Sopra Steria has closed all its UK visa centres for an unspecified period of time to combat the spread of Covid-19.

What does this mean for me?

If you have already submitted your application and cannot attend an appointment. You will have to wait until the centres re-open and the booking system goes back up in order to book your appointment. Unfortunately your application will not be considered until you have provided your biometrics, so you may face a longer wait than anticipated for a decision to be made.

 

If you have not yet submitted your application for an extension or change of category and your visa is running out, you should still submit your application as normal. Failure to do so may result in you being classed as an overstayer if your visa expires and you have not successfully secured an extension. The same applies to those hoping to switch visa category in country who have not applied for the extension to 31/05/2020. You will not be able to book your appointment, but you will be able to submit and pay any relevant fees as normal, you should also still register with UKVCAS by clicking the ‘book my biometric appointment’ button after submitting your application.

 

If you already booked your appointment but it was cancelled, your appointment will automatically be rebooked for a date approximately 6 weeks ahead. You do not need to do anything, if it is rebooked to a time or location which is not convenient for you, you will be able to cancel and rebook once the booking system is open again.

 

UKVCAS will be making the Home Office aware of all applications and has issued assurances that no application will be negatively affected by Covid-19. This suggests that the normal rules around booking an appointment within 45 days of submission are likely to be extended, however the terms of the extension have yet to be announced.

 

If you are in the process of making an application, have a visa which is due to expire, or are concerned about the impact of Covid-19, please get in touch at [email protected] or on 01403 801 801 for a consultation.

Can I switch my visa in the UK because of Coronavirus?

European flags fluttering in the wind: we provide advice to EU citizens on permanent residence cards

The short answer is yes. At present there are a number of visa applications which must ordinarily be made from the applicant’s home country, regardless of whether the applicant has existing leave in the UK. Given the current climate many people are likely to find this difficult to impossible, due to the widespread travel disruption and amount of countries on lockdown.

Thankfully the Home Office has indicated that due to these ‘unique’ circumstances that it will allow in country applications for those ‘applying to stay in the UK long-term’, whose current visas run out before 31/05/2020. This would mean applicants in this position would no longer have to return to their home countries’ in order to apply. It is also possible to extend your visa to 31/05/2020 if you are unable to return to your home country, if it expires before this date. Doing this does not exclude you from being able to apply to switch in country.

As the Home Office has not provided any lists of accepted visa switches or further details we are working under the assumption that any switch to a long term visa, could be made. This would include, but is not limited to:

  • Tier 5 Youth Mobility Scheme to Tier 2 (general)
  • Tier 2 (dependant) to Tier 2 (general)
  • Visit visa to any long term visa.
  • Visit visa to ancestry visa.
  • Marriage visit visa to any long term visa.

Applications are to be made online and can only be made up until 31/05/2020, although this is up for review and may be further extended if the need should arise. You will still need to pay the same fee and meet all the other requirements of your visa.

This presents a chance for people to save money on an expensive international trip, so if you have been planning to apply for a long term visa, have an expiry date before 31/05/2020, and are already in the UK, now might be a good time to make the switch.

We can help you manage the process of switching in country. Contact us at [email protected] or on 01403 801 801 to arrange a video consultation.

Coronavirus Latest – Your guide to the 24/03/2020 Home Office Advice

On the 24th of March 2020 the Home Office finally released updated advice for those whose UK visas are affected by Coronavirus. While this guidance is by no means comprehensive, and leaves a lot of questions unanswered it will still be helpful for a number of people. As such I have summarised the questions it has answered below.

What if my leave is expiring but I can’t return to my country?

This is a common problem, and one which the previous update did not address for the vast majority of people. Thankfully the government has said if you are in the UK and your leave expires between 24/01/2020 and 31/05/2020 you will be able to extend your visa if you cannot leave the UK due to travel restrictions or self isolation.

This will be a relief for those dreading the prospect of international travel, as well as for those whose visas may have already expired and who may be anxious about the long term implications of overstaying. This process is not, however, automatic.

The government has set up a Coronavirus Immigration Team who should be contacted to update your records. You will need to provide:

  • Your date of birth
  • Your full name
  • Your nationality
  • Your previous visa reference number
  • The reason you cannot go back to your home country (ie isolation, border closure)

Please note that if flights are running back to your country and you are not in isolation, you may run into trouble as this concession only appears to apply to those who are physically unable to return, not everyone.

 

Do I have to return to my home country to switch my visa?

The Home Office insists, for reasons best known to itself, that a number of visa applications must be made from the applicant’s home country, regardless of whether the applicant has existing leave in the UK. These include switching from Tier 5 to Tier 2, and switching from a Tier 2 dependent visa to a Tier 2 general visa. Given the current climate applicants are likely to find this difficult to impossible.

Thankfully the Home Office has indicated that due to these ‘unique’ circumstances that it will allow in country applications for those ‘applying to stay in the UK long-term’. As the Home Office has not provided any lists of accepted visa switches or further details we are working under the assumption that any switch to a long term visa, such as tier 2, could be made.

Applications are to be made online and can only be made up until 31/05/2020, although this is up for review and may be further extended if the need should arise.

 

I’m outside the UK and the Visa application centre in my country has shut. What should I do?

Unfortunately a number of overseas visa centres are now shut and you will not be able to apply until they re-open. If you already have an appointment and it has been cancelled, you should follow the instructions from your visa centre on what to do next.

English Language Testing Centres are also affected, so you should keep up to date with the IELTS website for information on what to do if your test is cancelled.

If your documents are with a visa centre then you may be able to get them couriered back to you, but you should check with your specific visa centre.

If you are British and need a passport to urgently travel to the UK, you will not be able to apply for this if your country’s visa application centre is shut. You will need to apply for an emergency travel document.

 

I’m a sponsor, what do I need to know?

If you are a Tier 4 sponsor, you should be aware that the government has indicated that in these circumstances it will permit distance learning, which is not normally permissible, where students are overseas but wish to continue studying. There will be no requirement to withdraw sponsorship in this scenario.

Furthermore students who wish to commence a course via distance learning will not need to travel to the UK or be sponsored under Tier 4.

If you are a tier 2 or 5 sponsor, there is a good chance that much of your workforce is suddenly working from home. While you would ordinarily need to report this to the Home Office, if it is as a direct result of the Coronavirus pandemic, you will not need to report this. All other changes of circumstance must be reported as usual.

 

Other questions

There are a number of other questions which remain unanswered, including:

  • Whether those on visas with ‘no recourse to public funds’ will be eligible for wages through the ‘coronavirus job retention scheme’.
  • Whether Tier 2 employees can be ‘furloughed’.
  • How long Tier 2 employees will have to find another sponsor should they be made redundant, or their sponsor go bankrupt.
  • What will happen to people overseas who have been granted visas but now cannot come to the UK within the allowed time frame.

We will let you know as and when answers to these questions become apparent. If you have any other questions, please do let us know in the comments and we will do our best to answer you. You can also contact us at [email protected] or on 01403 801 801 for a consultation.

Life in the UK – Coronavirus and More

If you are an adult between ages 18 – 65 applying for indefinite leave to remain or British Citizenship you are likely to need to take the Life in the UK test. This is separate from any test you may have to take to prove your English ability and is designed to measure your knowledge of UK daily life. How well it accomplishes this goal is up for debate, with much of the test focusing on obscure historical factoids, but nonetheless it is a mandatory requirement. Here are some of the most commonly asked questions with regard to the test.

 

Are Life in the UK tests affected by Coronavirus?

As of March 21st, Life in the UK Test centres will be closed in line with official requirements of the UK Government until 13 April 2020 as a precautionary measure against coronavirus (COVID-19).

If you have booked a test to take place during this period, your test booking will be rescheduled automatically to a date after 13 April 2020.

If you are booking a new test, test dates are still available from 13 April 2020.

There is currently no guidance published by the government on what to do if you require Life in the UK to make a visa application and your current visa is due to expire before you will be able to take a test. If this applies to you, you should contact the Coronavirus helpline and explain your situation.

 

How should I book the test?

You should book the test on the government website be wary of booking through a third party or on any other website as they may not be legitimate. You will need:

  • An email address
  • A debit or credit card
  • An accepted form of ID (such as a passport or BRP)

There are over 30 test centres in the UK to choose from and the fee will be £50. You must book at least 3 days in advance.

 

What will the test be on?

The test will be on the contents of the official handbook for the Life in the UK test. It will be 45 minutes long and you will have to answer 24 multiple choice questions.

The pass mark is 75% and it is a pass/fail test. If you pass you will be given a unique reference number which you will need to make note of and add to your visa application form.

 

What if I fail?

If you fail you can take the test again, although you will have to wait 7 days. There is no limit on the number of times you can attempt the test, so if you aim to take it well in advance of the date you intend to make your application you will have plenty of time to have as many attempts as you need if the worst happens. These will not be free though, so it’s advisable to do plenty of revision so you can pass first time!

 

If you are interested in applying for ILR or British Citizenship, we can help with these applications and many others. Contact us at [email protected]

Coronavirus – Your Questions Answered

With a climate of extreme uncertainty around international movement and migration we have endeavoured to answer some of the most commonly asked questions about visas and Coronavirus (Covid-19) below:

Will UK Visas be affected?

We have no plans to close or reduce our hours at present, and we are all set up to be able to work from home should the need arise. Even if we do end up having to work from home, one of our colleagues will be able to come to the office each day to collect any BRPs or documents arriving by post and ensure they are dealt with appropriately.

We will still be available via phone and email as normal and we are working hard to support any of our clients who are having problems with their visas related to Coronavirus. Please be assured we will continue to be available as normal throughout this difficult time, so please don’t hesitate to get in touch.

 

I have an upcoming biometric appointment, will it still go ahead?

Some visa centres around the world are currently closed and this list is constantly changing and updating, so you should check on either the VFS or TLS website (whichever is operating in your country of application) to check if your centre will still be open and what the most up to date guidance is.

For applicants in the USA standard UK visa service has currently been suspended until at least April 1st. Applicants for UK Visas are instructed to visit the Uk Visas and Immigration website for updated information, although at present no updated information is available. In the interim, VFS PAC locations across the US (bar SFO and Seattle) currently remain open for business and walk-in fees will be waived by VFS for customers seeking service.

For in country applications the current guidance from Sopra Steria is that you should not attend your appointment if you have Coronavirus or Coronavirus symptoms. In this scenario you should email [email protected] with COVID-19 and your UAN in the subject line, and the details of your appointment in the body of the email. You will then receive a refund.

At the time of writing (23/03/2020) these UK sites have been shut as the government has shut all libraries. Applicants attending an appointment at one of these sites will have their appointment re-booked and the government has issued a statement that nobody will be negatively affected by this.

If you have symptoms, or have Coronavirus, after your appointment, you should email [email protected] with ‘COVID-19’ and your UAN in the subject and details of your appointment.

I am required to switch my visa out of country, but am worried about international travel, are there any provisions?

In short no, not unless you are a Chinese national switching from Tier 2 ICT to Tier 2 general with a visa expiry date before the 30th of March (if you are, there is guidance available here. The government has made no other provisions for switching in country, so at the time of writing anybody hoping to switch, for example from Tier 5 to Tier 2, will be forced to make a trip to their home country and take their chances on being able to re-enter.

There are also no provisions in place for people who are unable to leave the UK due to travel restrictions and as a result overstay their visas, although they may be able to plead that this was due to circumstances ‘out of their control’.

 

I am due to come to the UK after making a successful out of country application, but am unable to travel. Can I delay my entry date or start date?

If you are entering as a Tier 2 migrant the government has made no provision to allow people to delay the start date on their CoS more than the currently permitted 28 days. This means that you could potentially push your start date back 28 days, then apply for a new vignette which would allow you to enter up to 2 weeks after the start date on your CoS, ultimately allowing you a 6 week extension on your start date.

We can help with this process on 1403 801 801 or at [email protected] so please get in touch if you are interested in delaying your entry date. Please note that it is not currently possible to delay beyond this point without cancelling your application and making a new one. We are also able to assist with this process should you need to delay your entry beyond the 6 weeks available through the above method.

 

I need to take IELTs or Life in the UK for my visa or citizenship application. Are these tests still going ahead?

Some centres for IELTs are closed. An up to date list is available by country here. Unfortunately there are currently no government provisions on what to do if you need to pass a test for your visa, but are unable to sit a test as test centres are closed. We will update you as soon as any further information is available. If your appointment is cancelled you should seek guidance on what to do when you are contacted about the cancellation. If this is unsuccessful, you should try to rebook for an open centre if possible.

Currently Life in the UK tests appear to be going ahead as normal, but this may be subject to change in the future.

 

With so much uncertainty, we would always advise you take professional advice on any issues you relating to your visa. If you are concerned about the impact of Coronavirus on your visa or your employees’ visas, or wish to get help with any aspect of the application process, please contact us at [email protected] or on 01403 801 801 for a consultation.

Government to Freeze Tier 2 ILR Salary Threshold

After this week’s unpleasant news of a steep increase in the Immigration Health Surcharge, the government’s announcement that the salary requirements for Tier 2 ILR will not be rising to the planned £36,200 in April comes as a welcome relief. This is in line with the MAC recommendations discussed here, which indicated the planned raise would be unsustainable across many sectors and represented an unrealistic level of pay increase. This risks resulting in preferential treatment of foreign nationals over their UK-born counterparts. The threshold will therefore be remaining at £35,800 until further notice.

The question is whether this will be enough. With the government planning to lower their salary threshold for Tier 2 (General) to as low as £20,480 in some cases from January 2021, this would require migrant workers to secure a pay rise of at least £15,320 within 6 years of starting the role in order to be eligible for ILR. It is not possible to extend Tier 2 beyond 6 years in order to allow migrants more time to reach the required threshold. There is therefore a risk of employers taking a ‘revolving door’ approach to foreign labour, sending their employees home at the end of their 6 year period and bringing in new, cheaper labour to avoid having to pay salaries way above the average ‘going rate’ for the sector.

If you have any questions about ILR for yourself or for your employees please don’t hesitate to get in touch at [email protected] or on 01403 801 801

Migrants to be Charged £624 a Year to Use the NHS They Help to Support

On Tuesday 11th of March Rishi Sunak unveiled the new Conservative budget which included, among other things, a steep hike from £500 to £624 per year for the Immigration Health Surcharge payable by foreign migrants on temporary visas in the UK (up from £300 to £470 for students). This means the rate will now have more than tripled since its inception in 2015.

The government had promised to prop up our struggling NHS but with cuts to National Insurance many of us were left wondering where they intended to find the money. It is apparent now that foreign nationals, including those coming here to work for the NHS will be made to foot the bill for years of underfunding and an aging British population.

From January 2021 EU nationals coming to the UK will also have to pay, securing the government with an amount of capital from migrant workers which vastly outweighs the amount the average migrant costs the NHS (studies suggest that migrants to the UK use the NHS significantly less than UK born residents of the same age and gender).  These workers also pay tax and national insurance at the same rate as UK-born workers meaning they are essentially being charged twice to use the same service.

The NHS is the pride and joy of the UK and protecting it was always key to election victory. There is a certain irony then in the way that the recent hike in the Immigration Health Surcharge will penalise the overseas NHS workers who allow it to function. In a time when we have staff shortages in a number of healthcare roles including nursing and care workers, it is difficult to see how these sectors, which tend to have lower salaries and less money to spare, will be able to absorb the cost. As Dr Chaand Nagpaul, council chair at the British Medical Association says, “The government says it wants to make it easier for international staff to come to work in the health service – they are doing the exact opposite by penalising overseas healthcare workers by charging them to use the very service they are contributing their skills to”.

This shameless profiteering will drive away foreign workers who make valuable contributions to the economy and our public services, at a time when we are already reeling with worsening staff shortages as a result of Brexit. It is also noteworthy that despite this being billed as a way to bolster the NHS, the 1.5 billion pounds the Conservatives aim to raise with this fee hike has not been ring-fenced for the NHS, and can in fact be used for other projects. This rather defeats the stated objective of this charge as making sure people ‘put in what they get out’ when using the NHS. If the money is not guaranteed for NHS use then selling it as a charge to support the NHS in order to gain public support, while then using it to remedy other areas suffering from chronic underfunding, is a betrayal of the public’s trust.

The hike also reduces the appeal of the UK to other international professionals and undermines the Prime Minister’s message that the UK is ‘open for business’. Who would choose to do business in a country that not only chooses to charge some of the highest visa fees in the world but also charges £624 a year on top of tax and national insurance for a service which should be budgeted to be sustainable based on tax and national insurance contributions.

In the words of Caitlin Boswell Jones, project officer at the Joint Council for the Welfare of Immigrants “This is double taxation on migrants, who already contribute more in taxes than they take out, and many of whom are the backbone of the NHS itself.”

Overcoming The Top 4 Reasons For Spouse Visa Refusals

 

Spouse visas are one of the most complex and evidentially demanding visa applications you can make. With rejection rates of up to 25%, make sure you’re not leaving yourself vulnerable to refusal for one of these 4 common reasons.

 

1. Problems evidencing sufficient funds.

While it might sound straightforward to meet the income threshold of £18,600 this is one of the most common reasons a spouse visa might be refused. Even if you earn above the threshold, you must then prove you have been doing so for a minimum of 6 months with the same employer, and if you are self employed you will have to submit a veritable mountain of documentation.

There are some allowances for sponsors claiming certain benefits and it is also possible to sponsor your spouse relying entirely on cash savings (this requires you to have held £62,500 for a minimum of 6 months). These both have separate evidence rules, and if you do not provide sufficient evidence within the rigid evidential guidelines then you can expect a refusal even if you do meet the criteria.

You should also check there are no discrepancies between documents, for example between your payslips and your employer letter, as this can also lead to a refusal.

Evidence you are likely to have to provide includes:

  • Payslips
  • Bank Statements
  • Letters from your employer
  • P60’s
  • Letters from your bank

 

2. Insufficient evidence of a genuine and subsisting relationship

Based solely on the form you would be forgiven for thinking that your marriage certificate would be sufficient evidence of your relationship. A lack of clarity on the part of the Home Office around what exactly constitutes adequate proof of a genuine and subsisting relationship has resulted in many frustrating refusals for genuine couples who had plenty more evidence to provide but did not realise it was necessary.

With regard to evidence a good rule of thumb is more is better, especially where you are living separately and looking to bring your spouse to the UK to join you. If you are not living together at the time of application you need to explain why, and prove you are in a ‘genuine and subsisting’ relationship. Good examples of evidence you can provide include:

  • Printouts of your private messages, with times and dates visible. If these are not in English you must also provide certified translations.
  • Pictures together. Wedding pictures are a given, but you should also provide other pictures from a range of events, holidays and family gatherings.
  • Evidence of shared financial responsibilities. If you live together this will be easy, but if not then consider if there is anything you pay for together.
  • Letters of support from family and friends confirming they know you as a couple and can vouch for your relationship.
  • Records of holidays you took together, including itineraries, hotel bookings and flight bookings which show both your names.
  • Birth certificate for any children you have together (even if they are not applying with you for whatever reason).
  • Evidence of how you keep in touch and maintain your relationship if you are not living in the same country. Evidence of Skype or calls, evidence you visit each other, evidence you buy gifts for each other and evidence of anything else you use to interact with each other is vital.
  • Evidence of cohabitation in line with Home Office guidelines in the form of bills, NHS letters, tenancy agreements and letters from other reputable sources.
  • Evidence you intend to live together if successful, including evidence relating to the property you will be living at including your tenancy agreement.

 

3. Problems meeting the English Language requirements

There are a number of ways applicants can demonstrate they meet the English Language requirements, but it is important to remember that the level differs depending on whether it is your first application in this category, an extension of a previously obtained spouse visa, or indefinite leave to remain. While A1 is sufficient for your first application, only B1 is acceptable for those seeking to make England their permanent home.

If you are lucky enough to have a degree taught in English from a recognised institution this part of the application can be a lot easier, however if it was not taught at a UK university you will have to get a NARIC certification to prove the degree was taught at a level above the specified CEFR level.

If you do not have a degree, then be prepared to have to locate a test centre offering you the chance to sit one of the approved exams. Beware that not all test centres offering IELTs are UKVI approved so you should always check your English test was taken at an approved centre to avoid an eye-watering waste of time and money both in taking the test and submitting an application which does not meet the requirements and is likely to be refused.

 

4. Errors in the application form

This might seem obvious but you should double, triple and quadruple check the application is free from any errors, inconsistencies or typos. Any error could lead to a potential refusal, and it is worth taking the extra time to ensure everything is accurate instead of risking a time consuming and costly refusal which could ultimately result in a black mark on your visa history.

 

 

Due to the complexity of this type of application it is highly recommended you seek expert advice to ensure everything goes smoothly. We have extensive experience with this type of application so please contact us at [email protected] or on 01403 801 801 to find out how we can help you.

5 common reasons your visit visa might be refused and how to overcome them

 

 

Visit visas are some of the most commonly and seemingly arbitrarily refused visas you can apply for. Here are the 5 top reasons the Home Office might refuse a visit visa and some advice on how to make sure this doesn’t happen to you.

1. The Home Office does not believe you will leave at the end of your stay.

This is one of the most common reasons for refusal. The Home Office may have concerns that you are using a visit visa in order to gain access to the UK in order to live. This is of particular concern to individuals from countries in conflict or developing countries who may struggle to convince the Home Office that they have a genuine intention to return despite standards of living in the UK being arguably higher.

You can help assuage the Home Office’s fears by providing evidence proving ties to your own country. This might include:

  • letters from your employer confirming you will be visiting while taking annual leave, as well as confirming the date you will be returning to work.
  • Evidence of dependents or family in your home country for whom you are financially responsible or for whom you are a carer.
  • Showing your level of income, if you earn an above-average amount this may demonstrate a strong incentive to return.
  • Evidence of the activities you are coming to do, including letters of invitation from family and friends, itineraries of tourist activities you intend to take part in and evidence of hotel bookings.

If you can demonstrate you have a good quality of life in your home country, which is likely to be preferable to living as an illegal migrant in the UK with no right to work or study lawfully, then this reduces the chance of having your visa refused for this reason. If you have applied for previous visit visas and stayed longer than you stated you would, even if you didn’t overstay, you should take care to explain this.

 

2. The Home Office is concerned about your poor immigration history or the poor immigration history of your known family in the UK.

When you apply you will be asked if you have any connections to the UK. Whether you are coming to visit family or not, the visa status of any family residing in the UK will be considered alongside yours. If you have family members with a history of poor visa history then the burden of proof will be on you to demonstrate that you are different. Attempts to conceal family members with poor history are inadvisable and if found out will certainly lead to the refusal of your visa and potentially more serious consequences.

The Home Office may contact family members or friends in the UK so it is wise to discuss your application with them beforehand and make sure there are no inconsistencies between the information you give the Home Office and the information they give when questioned. Make sure that they are aware of all facts as they appear on your application to avoid a refusal for an innocent error.

You should also consider adding evidence to your cover letter explaining why you do not want to live in the UK if you have friends and family resident here, as the Home Office may be suspicious that your real intent is to move here to join them.

If you have any poor immigration history of your own you should also be sure to provide a robust explanation and evidence that you have changed and do not intend to repeat this.

 

3. The Home Office is not satisfied you have enough money to fund your stay.

This can be a difficult one because the Home Office does not give an exact figure you must hold in order to satisfy this requirement. Instead they take a holistic approach, taking into account financial responsibilities you have in your home country (rent, mortgage, dependents etc) as well as the length of stay, where you will be staying and what activities you will be doing.

It may be helpful to provide a detailed, costed, itinerary explain what costs you expect to incur and how you will cover them with the funds you hold. If you will be staying with family or friends who are not expecting you to pay then you should provide letters confirming this.

You should provide bank statements showing your funds and that you have held them for a reasonable period of time but be careful to explain any potentially suspect looking deposits, as the Home Office will be suspicious of unexplained money.

3rd parties are also able to provide sponsorship if they have a genuine professional or personal relationship with the applicant and will be legally present at the time the visitor enters, however they may have to provide an undertaking to pay back any public funds the visitor claims.

 

4. The Home Office believes you may intend to do a ‘forbidden’ activity.

There are a number of activities you cannot carry out in the UK while here on a visit visa, and these may be specific to the type of visit visa you apply for. For instance you may get married if you are here on a Marriage visa, but not on any other form of visit visa.

If the Home Office has suspicions that your intentions in coming to the UK fall outside of your category of visa they are likely to refuse it. You should take particular care to demonstrate that you do not intend to work here. If you are here on a Permitted Paid Engagement visa you should ensure the evidence provided clearly shows that the engagement you are here to perform does not fall outside the strict rules governing accepted paid engagements.

Be sure that the category of visa you are applying for matches what you intend to do, and provide evidence and explanations of how your visit will comply with the category-specific rules.

 

5. The Home Office has concerns about the veracity or consistency of evidence provided.

When making a visit visa application the general rule is the more supporting evidence the better, however it is important to ensure that all your evidence is consistent. Here are some common areas to beware of.

  • Make sure your financial evidence lines up. If you have stated your salary elsewhere, make sure your bank statements match your salary. If they do not, provide a robust explanation in your covering letter.
  • Make sure information you have provided in your application can be corroborated by witnesses and be prepared for the Home Office to approach your friends and family. Make sure they will be giving the Home Office information which is wholly consistent with each other as well as other information you have provided.
  • Do not be tempted to gloss over undesirable aspects of your immigration history or any criminal history, or to falsify documents. The use of any deception will result in both the refusal of your visa as well as a 10 year ban. It is not worth the risk.

 

If you would like to apply for a visit visa, it is always best to seek professional help. Contact us for a consultation at [email protected] or on 01403 801 801.

Coronavirus Chaos – What to do if it affects your visa

With coronavirus (or Covid-19 as it has now been officially named) continuing to cause serious disruption to travel in and out of China, the government has released a set of guidelines. The government recognises that people who ordinarily reside in China but cannot return are not to blame and are not intentionally breaching the terms of their visa.

What should I do if my visa is expiring?

If your visa expires between 24/01/2020 and 30/03/2020 your visa will automatically be extended to 31/03/2020. You will not get a new document to confirm this but it will be recorded on UKVIs systems. You will be subject to the same immigration conditions as your last visa. If you are here on a work visa, you may continue to work for example. If you require a status letter or new BRP  to confirm this you can contact a dedicated coronavirus helpline.

This extension applies automatically to Chinese nationals, but if you are normally resident in China and can demonstrate this then you may also be able to contact the hotline for an extension, but this will not be applied automatically.

What should I do if I am switching visas but need to return to China to make an out of country application?

If you are switching into a Tier 2 Category which would ordinarily require you to return to China to apply, and your current visa has an expiry date between 24/01/2020 and 30/03/2020 you can apply to switch from within the UK. You still need to meet all other requirements and this is a temporary measure.

What should I do if my passport is stuck at a Visa Application Centre in China?

As the application centres are all currently closed in China, you may be able to apply for an emergency travel document if you are British and urgently need to travel. If it is not urgent, the government has promised to prioritise the return of documents as soon as the visa application centres are re-opened.

If you are Chinese or from a third country you should contact either Chinese authorities or your own consular representative in China.

Do I need to report it to the Home Office or withdraw sponsorship if my Tier 4, 2 or 5 employees or students are absent because of coronavirus?

If you are happy that the absence is due to coronavirus and you have authorised it you do not need to report this. You also do not need to withdraw sponsorship if your student is absent for more than 60 days or your employee is absent without pay for more than 4 weeks. The Home Office have indicated they will not take compliance actions against students or employees who are unable to attend because of coronavirus, or against sponsors for authorising these absences. The Home Office recognises exceptional circumstances beyond the control of either the sponsor or the employee/student.

If you have any further queries about how coronavirus might impact you, the government has also set up a free dedicated helpline at 0800 678 1767 and an email at [email protected].

For any other immigration queries, please contact us on 01403 801 801 or at [email protected]

The New Immigration System and How it Will Affect You

The New Immigration System and How it Will Affect You.

On the 19th of February the government released its plans for immigration from 2021. Find out what impact this could have on you, your business or your students. It should be noted that EU, EEA and Swiss citizens will all remain non-visa nationals, capable of entering for 6 months without a visa under the normal visitor rules.

Changes to the skills based system

Despite the government’s claims to reduce low-skilled migration, they will be lowering both the minimum general salary threshold as well as the minimum necessary RQF skill level. The new rules will apply equally to applicants applying from both inside and outside the EU, although not to EU residents already in the country who have settled or pre-settled status.

The minimum salary will be lowered to £25,600 from £30,000, with the potential to go down to £20,480 if the applicant has strengths awarding them points in other areas (for example working in a shortage occupation or having a relevant PhD). This appears to lead to an counter-intuitive scenario where the stronger the applicant, the less the sponsoring company is required to pay them. It will be interesting to see how the government reconciles this with their pledge to attract the ‘brightest and best’ and to reduce wage undercutting.

The minimum RQF level of the job will be lowered from RQF6 to RQF3, essentially meaning that the required difficulty level of the job to be offered has gone from one equivalent in experience and difficulty to a Bachelor’s degree, to one equivalent in experience and difficult to A-levels. While this does not cover unskilled entry positions, it is still a big shift in the required skill level in order to sponsor an overseas worker.

The Resident Labour Market Test will be abolished along with the cap on the number of people who are able to come to the UK on the skilled-worker route.

The Global Talent Scheme will be opened to EU, EEA and Swiss citizens, allowing highly-skilled scientists and researchers to come to the UK without a job offer. This will also be expanded to be more accessible to those with a background in STEM subjects, although more details on this are not yet available.

The Seasonal Agricultural Visa pilot scheme is due to be quadrupled (from 2,500 to 10,000) as the government recognises this sector is reliant on low-skilled temporary workers to function. This would allow farms to hire workers for a period of up to 6 months, and is intended to ease pressure on the agricultural sector during busy harvest months. There is no other current path for unskilled workers to enter the UK, which does little to reassure employers in other sectors heavily reliant on unskilled or low-paid workers, including care-work, hospitality and construction.

International Students and Graduates

This appears to be largely similar to its current form however there are a few differences. Most obviously the student routes will now be open to EU, EEA and Swiss citizens.

Secondly and perhaps most excitingly for those hoping to study in the UK and work here afterwards, a new immigration route will be opening in 2021. This will allow graduates who complete their degree from summer 2021 to stay for up to 2 years after the end of their degree to work or look for work. They can work at any RQF skill level during this period but if they wished to convert their visa to a skills-based visa at the end of the 2 years they would presumably need to secure a job offer meeting the minimum salary and RQF levels described above.

What should I do?

If you are an EU citizen in the UK, we strongly advise applying for the settled or pre-settled scheme as soon as possible to secure your right to live and work in the UK next year.

If you are an employer or educational institute considering sponsoring overseas workers or students in the future, we would advise applying for your sponsor license now. We can assist with this process, so call us on 01403 801 801 or emails us at [email protected] to arrange a consultation.

No Automatic Deportation After Brexit

“No Automatic Deportation After Brexit”

This has been the latest revelation from Boris Johnson regarding the settlement of EU citizens in the UK after Brexit. On the face of it this seems like a very positive message to EU citizens concerned about their future in the UK after Brexit, but let’s examine what it really means for EU migrants and their employers.

 

Does this mean people who fail to apply for settled status by the deadline will be allowed to stay after all?

In short, unlikely. The government has indicated that in order to avoid deportation after missing the deadline, EU migrants must ‘give grounds for why it was not possible to apply in the timeline, if no valid reason is given then the valid immigration rules will be applied.’ It is not clear exactly what the government would regard as a ‘valid reason’ but it is likely to be a difficult threshold to meet given that applicants have got until 30 June 2021 to apply and they have been able to apply since 30th of March 2019.

This would suggest that an applicant would need to provide evidence of a compelling impediment to application which spanned over 2 years. It is unlikely many people would be able to satisfy this criteria. While the wording of ‘valid immigration rules will be applied’ deliberately avoids the term ‘removal’, it is clear that this may be the fate of those who fail to apply in time.

 

Can those who have not yet applied for settled status continue to work in the UK now we have left the EU?

Yes. While a survey by the grassroots organisation ‘the3million’ indicates that 1 in 10 EU citizens have already been asked to provide evidence of their settled status, this is not a legal requirement. EU citizens may continue to work without applying for settled status throughout the transition period. A lack of clarity in government communications has left employers and employees alike confused as to what their duties are, but until the end of the transition period, EU workers can continue to work, although they should still aim to complete the settlement application at their earliest convenience.

 

What kind of proof will people receive of their settled status?

Controversially, the government has elected to provide no physical documentation confirming the settled status of EU migrants. All records will be electronic which the government claims will “future-proof [applicants] rights and is linked to their passport or ID card, replacing physical documents which can get lost, stolen, damaged, tampered with and expire”. 90% of survey participants however indicated they feared discrimination without a form of physical evidence which can be shown to employers, banks or landlords, and would prefer a card.

Maike Bohn, co-founder of the3million has warned that the government is setting itself up for another Windrush crisis by failing to provide physical evidence which applicants may be able to later use to prove their right to live in the UK.

 

We will have to wait to see the full impact of the EU settled scheme, but as always, anybody concerned about their immigration status should contact us on 01403 801 801 or at [email protected] for a consultation.

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UK VISAS NO WIN NO FEE PROMISE

We provide a ‘No Win – No Fee’ guarantee for all points-based system visa applications unless expressly stated at the time of appointment. We will guarantee our service for these applications by offering a full refund on our fee should it be unsuccessful.

These guaranteed terms are conditional upon the client being able to demonstrate to the satisfaction of the Home Office that they have earned the income claimed or that they have the necessary funding in place for maintenance or are fully conversant with their business plan in the case of Tier 1 Entrepreneurs.

It also presumes that neither the applicant nor their dependants have previously come under scrutiny or been under investigation by the Home Office for any immigration matter. In order that we can do our job properly the necessary information and details required should be made available and they must genuine as well as accurate.