The government announced expired physical documentation will be accepted for international travel after Dec. 31 until March 2025 for visa holders making the transition to the new eVisa system.

Key Points:

  • The government stated that carriers will be allowed to accept Biometric Residence Permits (BRP) or Biometric Residence Cards issued under the EU Settlement Scheme (EUSS BRC) that expire on or after Dec. 31, 2024, as valid evidence of permission to travel until March 31, 2025.
  • All visa holders were previously given until the end of December to make the switch to an eVisa.
  • Eligible non-European nationals are now able to apply for an electronic travel authorization (ETA). The deadline for switching to an eVisa has been extended for international travel until March 2025.

Additional Information: Officials are responding to reports of technical issues with the application system and problems securing eVisas. In a statement by Seema Malhotra, U.K. Minister for Migration and Citizenship, she advised visa holders that a “wide range of guidance and support is available.” The government recently published updated guidance on the transition to eVisas, including informational videos and a range of downloadable fact sheets to provide further guidance and resources on the most frequently asked questions.

BAL Analysis: Secretary of State for the Home Department Yvette Cooper, MP, recently published a statement reaffirming the government’s commitment to bring down historically high levels of net migration and restore order to its “broken” immigration system.

The Home Office is transitioning to a new eVisa system to create a more digital and streamlined border and immigration system. The grace period is designed to ease the shift to the digital system and address technical issues faced by some visa holders. The March 31, 2025, date will be kept “under review,” and officials stated that this update does not affect the way that Border Force conducts its passenger checks and that passengers will remain subject to the usual immigration checks and requirements.

This alert has been provided by the BAL Global Practice Group.

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The U.K. government announced updates on the change of commercial partner for visa application centers, specifically where and when the new supplier will commence operations.

Key Points:

  • Visa application centers are operated by commercial partners (suppliers) on behalf of U.K. Visas and Immigration.
  • As BAL reported, the commercial partner will change from TLScontact to VFS Global in some locations in Africa, Europe, the Middle East and Central Asia (with other regions unaffected).
  • The government has now provided an updated list of locations where the commercial partner has changed from TLScontact to VFS Global and specifically the date VFS Global started or will start operating visa application centers.
  • Applicants can check an up-to-date list here for locations that have already changed commercial partners.

Additional Information: Applicants should receive email updates from TLScontact and VFS Global if their application is impacted. However, officials stated these changes will not affect application decisions or how long it takes to get a decision. More locations are expected to be added in the future, and applicants can sign up for email updates here to be notified when more locations are added.

This alert has been provided by the BAL Global Practice Group.

Copyright © 2024 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

The government announced its acceptance of the Low Pay Commission’s recommendations on the rates of the National Minimum Wage (NMW), including the National Living Wage (NLW).

Key Points:

  • Effective April 1, 2025, the NLW will rise 6.7%, from £11.44 to £12.21 (about US$15.70).
  • The rates for the NLW and NMW are set by the government every year, with the new rates taking effect the following April.
  • These rates are for the NLW (for those age 21 and over) and the NMW (for those of at least school-leaving age), and the hourly rate for the minimum wage also depends on whether you’re an apprentice.
  • The rates that will apply beginning April 1, 2025, will be:
  NMW Rate Increase Percentage Increase (%)
National Living Wage (21 and over) £12.21 £0.77 6.7
18–20-Year-Old Rate £10.00 £1.40 16.3
16–17-Year-Old Rate £7.55 £1.15 18.0
Apprentice Rate £7.55 £1.15 18.0
Accommodation Offset £10.66 £0.67 6.7

Additional Information: The NLW is different from the U.K. Living Wage and the London Living Wage, calculated by the Living Wage Foundation, that are voluntary pay benchmarks and not legally binding requirements. The NLW higher rate (£12.21) is still lower than the £12.60-an-hour rate calculated by the Living Wage Foundation that is paid voluntarily by 15,000 U.K. employers.

BAL Analysis: The NLW pay rise will impact over 3 million workers next year. Government officials for the first time asked the Low Pay Commission to consider the cost of living, including expected trends in inflation up to March 2026, when recommending the NLW. The Low Pay Commission’s recommendations also intend to meet the government’s ambition for the NLW rate to reach at least two-thirds of median earnings in 2024. The 18-20 NMW rise also highlights the government’s first step toward a single adult rate being extended to 18-year-olds in future years. Officials stated these increases build on the government’s commitment to be a pro-business, pro-worker and pro-growth government.

This alert has been provided by the BAL Global Practice Group.

Copyright © 2024 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

The government announced the visa allocation for the Seasonal Worker visa route for 2025.

Key Points:

  • Officials published a package of measures designed to provide certainty and stability to farmers and growers in the horticulture, poultry and sheep sectors.
  • A total of 43,000 Seasonal Worker visas will be available for horticulture and 2,000 for poultry in 2025.

Additional Information: The Seasonal Worker visa route is designed to allow foreign nationals to work in temporary jobs in the horticulture and poultry sectors and meet the varying labor demand in these sectors while maintaining levels of domestic food production. The government is taking action to keep costs down and provide certainty for these sectors to secure the labor and skills needed.

This alert has been provided by the BAL Global Practice Group.

Copyright © 2024 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

The government announced changes to the submission process of the commercial partner visa application.

Key Points:

  • Visa application centers are operated by commercial partners (suppliers) on behalf of U.K. Visas and Immigration.
  • For applications outside the U.K., the commercial partner has switched from TLScontact to VFS Global until January 2025 for Africa, Europe, the Middle East and Central Asia, while other regions remain unaffected.
  • For applications inside the U.K., the commercial partner for UK Visa and Citizenship Application Services changed from Sopra Steria to TLScontact, effective Oct. 15.
  • Applicants can check an up-to-date list here for locations that have already changed commercial partners.

Additional Information: For applicants inside the U.K., appointment availability may be limited for a short period of time. Applicants outside the country should receive email updates from TLScontact and VFS Global if their application is impacted.

This alert has been provided by the BAL Global Practice Group.

Copyright © 2024 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

The government announced the list of nationalities that will soon be able to apply for an Electronic Travel Authorization (ETA) as part of a new Statement of Changes.

Key Points:

  • The Statement of Changes published further information for travelers to register under the ETA system.
  • The ETA National List outlines the expansion of the ETA scheme in two phases:
  • Eligible non-European nationals will be able to apply for an ETA beginning Nov. 27, 2024, and can travel with an ETA starting Jan. 8, 2025.
  • Eligible European nationals will be able to apply for an ETA beginning March 5, 2025, and can travel with an ETA starting April 2, 2025.

Additional Information: As part of the Statement of Changes, the government also announced the revocation of visa-exempt status for nationals of Jordan. Jordanian nationals are no longer allowed to apply for an ETA and now require a visa prior to traveling to the U.K. As BAL previously reported, the ETA pilot program originally launched Oct. 25, 2023, for Qatari nationals. The ETA is a prescreening system for visa-free foreign nationals to obtain digital permission for travel or transit through the U.K. Under the ETA system, visitors will be allowed to stay in the U.K. for up to six months for tourism, visiting family and friends, business or study, or three months under the creative worker visa concession.

BAL Analysis: Nationals of Bahrain, Kuwait, Oman, Qatar and Saudi Arabia traveling to the U.K. can now apply for an ETA through the U.K. ETA app. Further nationalities will soon become subject to ETA, and employees and employers should be aware of the upcoming changes and prepare now for travel or transit through the United Kingdom.

This alert has been provided by the BAL Global Practice Group.

Copyright © 2024 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

The Home Secretary announced that the planned increase to the minimum income threshold for those bringing dependents to the United Kingdom on family visas is on hold.

Key Points:

  • As BAL previously reported, the Home Office announced a plan to cut net migration by 300,000 last December by reducing the number of dependents coming to the U.K. and increasing the minimum salaries required for overseas workers and family visa applications.
  • The Home Office announced a statement of changes in March outlining additional measures in partnership with the net migration reduction plan.
  • In a written statement this week, Home Secretary Yvette Cooper announced that the planned increase of the current £29,000 annual income requirement (about US$36,804) for those bringing dependents on family visas will be put on hold.
  • The increase is now pending until the Migration Advisory Committee (MAC) completes a review of the impact of the increased income requirement.
  • The requirement was set to increase to £34,500 later this year, and £38,700 next year.

Additional Information: The Home Secretary also stated that MAC will review key sectors within international recruitment, including IT and engineering. The ministerial statement demonstrates a continued support for the changes announced earlier this year, including increases to salary thresholds for skilled workers and health and care workers. Other proposed changes include eliminating the ability for Health and Care Worker visa holders filling care worker and senior care worker roles to bring dependents with them and an end to the 20% “going rate” salary discount for shortage occupations.

BAL Analysis: The statement highlights the new Labour Party’s legal migration objectives and reintroduces expected reforms to migration policy. British citizens and those settled in the U.K. who want their family members to join them will not be impacted by the planned hike to the minimum income threshold yet.

This alert has been provided by the BAL Global Practice Group.

Copyright © 2024 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

The Home Office continues to send out invitations for individuals to switch from their physical immigration documents to an electronic visa, or ‘eVisa,’ as the government intends to no longer issue physical immigration documents by 2025.

Key Points:

  • As BAL previously reported, the government began sending invitations in April for eligible visa holders to set up an online UK Visas and Immigration (UKVI) account to access their eVisa.
  • The new eVisa will replace biometric residence permits, biometric residence cards, passport endorsements (such as indefinite leave to enter wet-ink stamps) and vignette stickers in passports (such as entry clearance or visa vignettes) by the end of 2024.
  • The action that will then be required will depend on the type of physical immigration document currently held. For the latest guidance from the Home Office, please find the eVisa guidance page here.

Additional Information: This digitalization effort is part of a larger plan by the government to transform the border and immigration system. The government has also introduced the Electronic Travel Authorization (ETA) scheme. The ETA is a digital permission to travel for those wanting to visit but who do not need a visa. Beginning Feb. 22, nationals of Bahrain, Jordan, Kuwait, Oman, Saudi Arabia and the United Arab Emirates were required to apply for an ETA before traveling to the U.K. By the end of 2024, an ETA will be required for all visitors who do not need a visa for short stays, including those visiting from European countries, Australia and the United States.

BAL Analysis: Officials stated that invitations will continue to be issued in phases before the process opens to all BRP holders. eVisas are designed to be a safer process by reducing the risk of fraud, loss and abuse of physical documents while providing a more secure way to prove immigration status.

This alert has been provided by the BAL Global Practice Group.

Copyright © 2024 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

The Home Office announced that the second-round ballots for the 2024 Taiwan Youth Mobility Scheme are now open.

Key Points:
  • As of July 23, individuals ages 18 to 30 from Taiwan can apply for the Youth Mobility Scheme ballot.
  • The ballot window will be open for 48 hours until July 25, after which U.K. authorities will no longer accept new ballot applications.
  • Those planning to apply for the Youth Mobility Scheme ballot should review the eligibility requirements for the visa before entering the ballot.
  • Detailed instructions for applying for the Youth Mobility Scheme ballot are available here.

Additional Information: There are a total of 1,000 places available to individuals from Taiwan for 2024, as with previous years; 800 total places were allocated after the first ballot closed in February, and now the remaining 200 spots will be made available in the second ballot. The visa scheme allows selected individuals to live, work and study in the U.K. for up to two years.

BAL Analysis: Successful applicants should receive an email by July 31. Those who are unsuccessful in the second ballot will receive an email within two weeks of the ballot closing and no further action is required. BAL will continue to monitor Youth Mobility Scheme developments and will provide more information as it becomes available.

This alert has been provided by the BAL Global Practice Group. 

Copyright © 2024 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

The Home Office provided further details on eVisa implementation and the minimum salary increase for skilled worker visas is now in effect.

Key Points:

  • Immigration officials provided additional information on the transition to the U.K. Visas and Immigration eVisa digital immigration system.
    • The new eVisa will replace biometric residence permits, biometric residence cards, passport endorsements (such as indefinite leave to enter wet-ink stamps) and vignette stickers in passports (such as entry clearance or visa vignettes) by the end of 2024.
    • Individuals need to create a UKVI account to access their eVisa and be able to share their immigration status and right to work with third parties (including employers and landlords), using the view and prove service.
    • The government recently updated their guidance for those who have permission in the U.K. either through a physical document other than a biometric resident permit or with a biometric residence card to access their eVisa. Those who will prove their rights through a different type of physical document, such as a wet-ink stamp in their passport or a vignette sticker, should make a “no time limit” application.
    • Those who have a biometric residence card and have been granted status under the EU Settlement Scheme already have an eVisa and do not need to apply.
  • As BAL previously reported, the Home Office has also recently announced a statement of changes outlining additional measures in partnership with the net migration reduction plan. As of April 4, the Immigration Salary List is now in effect. For those arriving on a skilled worker visa, they must normally now be making at least £38,700 (about US$48,700), and employers of skilled workers must now meet the new requirements for the minimum salary threshold or the going rate for the role, whichever is greater.

Additional Information: Individuals who have a biometric residence card that was not granted under the EU Settlement Scheme or obtained from another immigration leave or British citizenship should be aware that the EU free movement law no longer applies, and they will need to apply for a new immigration status as soon as possible.

BAL Analysis: Employers should be aware of the increased salary thresholds that are now in effect and their requirements to meet the new general salary thresholds or the going rate for the respective occupation. Individuals who have not been contacted by the government about creating a UKVI account should receive communication later in 2024, most likely from early June.

This alert has been provided by the BAL Global Practice Group.

Copyright © 2024 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.