The Home Office recently exempted certain senior executives traveling to the U.K. from quarantine requirements.

Key Points:

  • Two categories of senior executives traveling from amber- and red-list countries can temporarily leave quarantine if they are carrying out activities of “significant economic benefit” to the U.K.
    • Multinational executives. This group includes executives working for a multinational business based in another country who are visiting U.K. branches or subsidiaries.
    • International executives. This group includes executives working for a company based in another country who are seeking to invest in a U.K.-based business or establish a new business within the country.
  • Senior executives must complete a Business, Jobs and Investment Exemption Notification form and send it to businessjobsandinvestmentexemption@beis.gov.uk before travel. A letter should be received within five business days approving the exemption or requesting for additional information. If approved, the letter must be shown to Border Force officers when entering the U.K.
  • More information and specific guidance on eligible business activities can be found here.

Additional Information: Foreign national senior executives will not qualify for the exemption if their activities can be completed remotely or by someone not required to quarantine, including those traveling from green-listed countries. All other entry requirements remain in place for senior executives traveling to the U.K.

“Significant economic benefit” is defined as having greater that a 50% chance of creating or preserving at least 500 U.K.-based jobs in an existing or new U.K.-based business.

BAL Analysis: The new exemption policy enables senior executives to carry out business activities without having to stay in quarantine. BAL is able to assist individuals who may qualify for the quarantine exemption.

This alert has been provided by Berry Appleman & Leiden LLP. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2021 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 officially opened the new Graduate immigration route on July 1, 2021.

Key Points:

  • U.K. graduates from higher education institutions can now apply for a two- or three-year visa enabling approved individuals to stay and work in the U.K.
  • Eligibility requirements include:
    • Applicants must hold a valid Tier 4 or Student visa and have received a degree at the undergraduate level or above from a Higher Education Provider with a track record of compliance to meet eligibility requirements.
    • The education program must have been started and finished entirely in the U.K.
    • Applicants must have completed the qualification named on the Confirmation of Acceptance for Studies (CAS) that corresponds with the Student or Tier 4 visa.
  • Applications can be submitted once the university has sent final course results; applicants do not need to wait until graduation to apply.
  • Applications must be submitted while in the U.K. and applicants should not leave the country or Common Travel Area while the application is being processed.

Additional Information: If an applicant’s visa expired after a Graduate route application is submitted, the applicant can remain in the U.K. until a decision is made. The new route was initially announced in March of this year as part of the U.K. government’s switch to a points-based immigration system.

BAL Analysis: The Graduate route provides international students additional time to work in the U.K. following graduation and serves as a pathway to apply through the Skilled Worker route.

This alert has been provided by Berry Appleman & Leiden. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2021 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 United Kingdom has implemented a new process for employers completing right-to-work checks on EU, EEA, and Swiss nationals.

Key Points:

  • As of July 1, employers can no longer accept EU/EEA/Swiss passports or ID cards as proof of an applicant’s right to work in the U.K. Instead, they must check the applicant’s right to work online using a share code and their date of birth.
  • The change applies to all EU/EEA/Swiss nationals with the exception of Irish nationals. Irish nationals can continue using their passport, or other valid documents, as proof of their right to work.
  • Employers are not required to complete retrospective right-to-work checks for EU/EEA/Swiss nationals who started employment before July 1.
  • Between now and Dec. 31, employers do not need to terminate employment if they learn that the immigration status of an EU/EEA/Swiss employee hired before July 1 has lapsed because he or she did not apply for the EU Settlement Scheme by the June 30 deadline.
  • In these cases, employers should advise the employee to apply for the EU Settlement Scheme within 28 days. Late applications may be accepted if an applicant has reasonable grounds for missing the deadline. Employers should ask the employee to provide them with a Certificate of Application (CoA). Employers then must contact the Home Office Employer Checking Service (ECS) to confirm the individual has applied. Full guidance on this process is available here.

Background: U.K. employers are required to conduct a right-to-work for all new employees.

Generally, an online check is required for applicants who have digital proof of their immigration status, including most EU/EEA/Swiss nationals. Manual checks of passports or other valid documents can be completed for U.K. and Irish nationals. Manual checks are also required for foreign nationals who cannot prove their immigration status online, including most non-EU/EEA/Swiss visa holders.

Temporary COVID-19 measures in place until Aug. 31 allow employers to conduct right-to-work checks over video calls with scanned or photographed documents sent via email or mobile app. Additional information on the temporary measures is available here.

BAL Analysis: Employers are encouraged to review their internal right-to-work check procedures to ensure they are in compliance with the new rules for EU/EEA/Swiss nationals. Employers are also reminded that temporary COVID-19 measures on right-to-work checks are set to expire after Aug. 31. BAL is able to assist employers in ensuring they remain in compliance with current procedures.

This alert has been provided by Berry Appleman & Leiden. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2021 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.

IMPACT – HIGH

The Home Office has extended the temporary guidelines for right-to-work checks until Aug. 31.

Key Points:

  • The temporary guidelines will remain in effect until Aug. 31. This means that until then:
    • Checks can be conducted over video calls.
    • Job applicants and existing workers can send scanned documents or photos of documents for checks through emails or a mobile app. Original documents are not required.
    • Employers should use the Employer Checking Service if a prospective or existing employee cannot provide any of the accepted documents.
  • Beginning Sept. 1, employers must either:
  • Employers do not need to carry out retrospective checks on those who had a COVID-19 adjusted check between March 30, 2020, and Aug. 31, 2021.

Additional Information: If the job applicant or existing worker cannot show their documents, employers must contact the Home Office Employer Checking Service. If the individual has a right to work, a “Positive Verification Notice” will be sent, which provides a statutory excuse for six months from the date of the notice.

For right-to-work checks from July 1, EEA citizens can no longer rely on an EEA passport or national identity card (aside from Irish citizens). EEA citizens will evidence their right to work by sharing their immigration status digitally through the Home Office online right-to-work service or by providing accepted physical documents. More information on EEA citizens’ right-to-work checks can be found here and here.

BAL Analysis: The extension of the temporary measures will benefit those who have been conducting modified right-to-work checks since March of 2020. However, employers are reminded to take note of the Aug. 31 date for when temporary measures are set to end.

This alert has been provided by Berry Appleman & Leiden. For additional information, please contact berryapplemanleiden@balglobal.com.

Copyright © 2021 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@balglobal.com.

IMPACT – HIGH

EU/EEA and Swiss citizens in the United Kingdom have until June 30 to apply for the EU Settlement Scheme. The scheme allows EU citizens and their family members who were living in the U.K. before Jan. 1, 2021, the chance to safeguard their residence status.

Eligibility:

  • EU, EEA and Swiss nationals who were living in the U.K. before Jan. 1, 2021, must apply for settled or pre-settled status within the scheme by June 30. Individuals who arrived in the U.K. on or after Jan. 1 are not eligible for the settlement scheme.
    • Settled status. Applicants will be considered for this track if they have lived in the U.K. for a continuous five year period and have not left the U.K. for more than five years in a row since arrival.
    • Pre-settled status. Applicants will be considered for this track if they have not lived in the U.K. for five years in a row. Once individuals receive this status, they will be able to stay in the U.K. for an additional five years from the date it is issued. They can apply for settled status once they have five years of continuous residence.

Requirements:

  • Applicants will need a valid passport or valid national identity card as well as a digital headshot photo.
  • Applicants must show proof that they were living in the U.K. by Dec. 31, 2020, to be eligible to apply for the settlement scheme. Individuals should provide their National Insurance number during the application process to easily confirm U.K. residence. If applicants do not have a National Insurance number or do not wish to provide it, other verification methods are available.
  • Document can either be scanned and uploaded into the “EU Exit: ID Document Check” app or mailed to appropriate authorities.

Benefits:

  • Persons who are given settled or pre-settled status will be able to:
    • Work in the U.K.
    • Use the NHS without charge.
    • Enroll in education in the U.K.
    • Access public funds, benefits or pensions.
    • Travel in and out of the country.

BAL Analysis: Citizens of the EU, EEA or Switzerland living in the U.K. should apply for the EU Settlement Scheme if they have not done so already and wish to continue living in the U.K. Additional information on the step-by-step process is available here.

This alert has been provided by Berry Appleman & Leiden. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2021 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.

In response to the COVID-19 pandemic the Home Office put in place temporary measures in March of last year to allow “adjusted” right to work checks to be carried out over a video call using copies of original documents.

The Home Office announced this week that it would extend these temporary measures until June 21, 2021, after which employers are expected to return to the usual “pre-pandemic” right to work check processes. The temporary measures had previously been set to end on May 17.

Key Points:

  • The temporary measures will now remain in effect until June 21. Until then:
    • Checks on original documents (such as passports) can be carried out over video calls.
    • Job applicants and existing employees can send scanned documents or a photo of documents for checks using email or a mobile app, rather than sending originals.
    • Employers should use the Employer Checking Service if a prospective or existing employee cannot provide any of the accepted documents.
    • Employers can continue to carry out online right to work checks where it is possible to do so, e.g., if an applicant has an online status under the EU Settlement Scheme or holds a Biometrics Residence Permit and is able to provide a share code.
  • From June 21, employers must either:
    • Check the applicant’s original documents; or
    • Check the applicant’s right to work online, if they have provided a share code.
  • Employers do not need to carry out retrospective checks on those who had a COVID-19 adjusted check between March 30, 2020, and June 20, 2021 (inclusive).

Analysis & Comments: The extension of the temporary measures is positive news to employers who have been undertaking the adjusted right to work checks since March 30, 2020, and do not yet expect employees to return to the office from May 17, 2021. Employers are reminded, however, to consider the logistics around carrying out checks again under the normal requirements as return to office plans are finalized from June 21.

Employers must ensure they take note of the June 21 date for when the temporary adjustments for right to work checks are ending and put measures in place for applicants who are not able to generate a share code for an online right to work check.

For instance, for a British national with an original passport, the applicant would need to report to the office with the original passport in their possession from June 21. Alternatively, employers may be permitted to do a right to work check over a video call but only providing the employer is in possession of the original documents, as confirmed in the employer right to work guidance.

The guidance further confirms employers will maintain a defense against a civil penalty on any adjusted checks undertaken during this period, providing they were done as set out in the COVID-19 adjusted checks guidance.

The response to COVID-19 continues to develop, and Deloitte will provide additional updates as information becomes available.

Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2021. For information, contact Deloitte Touche Tohmatsu Limited.

The United Kingdom and India recently signed a new migration partnership, which plans to introduce a new visa scheme for British and Indian young professionals.

Key Points:

  • The new Young Professionals scheme will permit professionals from Indian and the U.K. between the ages of 18 and 30 to live and work in each other’s countries for two years. This is the first such scheme agreed between the U.K. and India.
  • The scheme will be limited to 3,000 young professionals from each country.
  • Individuals will be able to apply for the U.K. Young Professionals Scheme visa or Indian equivalent if they:
    • Are a U.K. or Indian citizen between the ages of 18-30.
    • Hold a diploma or degree validating at least three years of higher education corresponding to the qualifications required by the employment on offer or have comparable professional experience.
    • Demonstrate they have sufficient financial resources to meet needs during the two-year period.

Additional Information: The Migration and Mobility Partnership aims to ease the ability of young British and Indian nationals to live and work in each other’s countries.

The implementation date for the Young Professionals scheme has yet to be announced, but it will be modelled on the existing Youth Mobility Scheme applicable to individuals aged 18-30 from countries including Australia, Canada and New Zealand. The full text of the Migration and Mobility Partnership is available here

Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2021. For information, contact Deloitte Touche Tohmatsu Limited.

The United Kingdom has confirmed that it will implement its “traffic light” ranking system for resuming international travel and will lift current restrictions on 12 “green list” countries, including Australia, Israel, New Zealand, Portugal and Singapore. The changes will take effect May 17.

Key Points:

  • Currently, travel outside the Common Travel Area is only permitted in cases where individuals have a reasonable excuse to leave the U.K., such as essential work or business reasons where it is not reasonably possible to complete that work within the U.K.
  • At 4:00 a.m. May 17, officials will lift the “Stay in the UK” regulation for those traveling to England from the following “green list” countries/territories:
    • Australia.
    • Brunei.
    • Falkland Islands.
    • Faroe Islands.
    • Gibraltar.
    • Iceland.
    • Israel and Jerusalem.
    • New Zealand.
    • Portugal (including the Azores and Madeira).
    • Singapore.
    • South Georgia and South Sandwich Islands.
    • St. Helena, Ascension and Tristan da Cunha.
  • Individuals returning to England from “green list” countries still must take a COVID-19 test within 72 hours before departing and a PCR test on or before their second day in England. This can be booked in the same way as now though private test providers. They will not need to quarantine unless they receive a positive test result.
  • Leisure and non-essential business travel to and from “amber” and “red” countries will still be barred. A mandatory 10-day hotel quarantine will remain in place for those permitted to enter England from “red” countries. Mandatory home quarantine and strict testing requirements will remain in place for those entering England from “amber” countries.
  • The Maldives, Nepal and Turkey will be added to the “red list” at 4:00 a.m. on May 17, meaning a hotel quarantine will be required. Travel will only be permitted for British, Irish nationals and those holding residence status in the U.K. (for instance, a Skilled Worker permit). The full list of “red” countries is available here.
  • U.K. officials plan to introduce a “green watchlist” of countries that are at risk of moving from “green” to “amber.” This will give passengers more predictability about which protocol they will be subject to upon returning.
  • The “traffic light” lists will be reviewed and updated every three weeks.
  • Travelers are reminded that many countries, including some on the U.K.’s “green list,” have restrictions on travel from the U.K., including entry restrictions and testing and quarantine requirements. It is the travelers’ responsibility to be aware of such policies and travelers are advised to review the .gov website as a source of information on COVID-19 restrictions and entry requirements for overseas locations from the U.K.
  • Some countries may implement eased restrictions for travelers who have been vaccinated against COVID-19. Fully vaccinated individuals in England will be able to demonstrate their vaccination status via the NHS app from May 17.
  • Officials have warned travelers to expect additional checks and longer queues at the border upon arrival in the U.K.

Analysis & Comments: The implementation of the “traffic light” system is welcome news that will ease travel procedures for travelers to and from 12 countries/territories. Travelers should treat the news with caution, however, as the countries on the “green list” are subject to change and may have their own restrictions for outbound travelers from the U.K.

Leisure and non-essential business travel still remains suspended for travel to most countries, and even those traveling to and from “green list” countries will need to follow testing protocol before departing and following arrival in England. Travelers are also reminded that different rules apply for inbound travel to Scotland, Wales and Northern Ireland, which have yet to update their guidance on any changes from May 17.

The response to the COVID-19 pandemic continues to develop, and Deloitte will provide additional updates as information becomes available. Please check Deloitte’s COVID-19 Digital Map, for information on travel restrictions and immigration changes in the U.K. and other countries.

Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2021. For information, contact Deloitte Touche Tohmatsu Limited.

In response to the COVID-19 pandemic, on March 30, 2020, the Home Office put in place temporary measures allowing “adjusted” right to work checks to be carried out over a video call using copies of original documents.

The Home Office has now announced that the temporary COVID-19 adjusted right to work check measures will end on May 16, 2021, after which employers are expected to return to the usual “pre-pandemic” right to work check processes. Retrospective checks will not need to be carried out on employees who had a COVID-19 adjusted right to work check from March 30, 2020 through May 16, 2021.

Key Points:

  • The following temporary changes to the right to work check process made on March 30, 2020, in response to the COVID-19 pandemic remain in place until May 16, 2021:
    • Checks on original documents (such as passports) can currently be carried out over video calls.
    • Job applicants and existing employees can send scanned documents or a photo of documents for checks using email or a mobile app, rather than sending originals.
    • Employers should use the Employer Checking Service if a prospective or existing employee cannot provide any of the accepted documents.
    • Employers can continue to carry out online right to work checks where it is possible to do so, e.g., if an applicant has an online status under the EU Settlement Scheme or holds a Biometrics Residence Permit and is able to provide a share code.
  • From May 17, 2021, employers must either:
  • Employers do not need to carry out retrospective checks on those who had a COVID-19 adjusted check between March 30, 2020, and May 16, 2021 (inclusive).

Analysis & Comments: Previous Home Office guidance confirmed repeat retrospective checks on original documents would be required on the adjusted right to work checks within eight weeks of COVID-19 restrictions being lifted. Therefore, the updated guidance should come as positive news to employers who have been undertaking the adjusted right to work checks since March 30, 2020; however, logistics around carrying out checks again under the normal requirements may be a challenge as return to office plans are finalized.

Employers should take note of the May 16, 2021, date for when the temporary adjustments for right to work checks are ending and put measures in place for applicants who are not able to generate a share code for an online right to work check.

For instance, for a British national with an original passport, the applicant would need to report to the office in person with the original passport in their possession from May 17, 2021. This is so the validity of the original passport is checked by the employer in the presence of the holder.

Employers may be permitted to do a right to work check over a video call but only provided the employer is in possession of the original documents, as confirmed in the employer right to work guidance. In this instance, the applicant would need to physically post their passport to the employer to enable the check to be conducted via a video call. This would allow the employer to check the likeness of the applicant on the video call against the original document in their possession. Employers can no longer rely on the inspection of a document via a video call, or by checking a scanned copy of the document.

The guidance further confirms employers will maintain a defense against a civil penalty on any adjusted checks undertaken during this period, provided they were done as set out in the COVID-19 adjusted checks guidance.

The response to COVID-19 continues to develop, and Deloitte will provide additional updates as information becomes available.

Rest of World Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This includes Deloitte Tax LLP in the United States, which does not provide legal and/or immigration advice or services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2021. For information, contact Deloitte Touche Tohmatsu Limited.

The U.K. government has announced that it will add India to its COVID-19 “red list.” Most foreign nationals traveling from India will be barred entry to the U.K. beginning this Friday, April 23.

Key Points:

  • The entry ban will take effect at 4 a.m. on Friday and will apply to anyone who has been in India in the previous 10 days. India joins 39 countries currently on the U.K.’s “red list.”
  • U.K. nationals, Irish nationals and third-country nationals with residence rights (for instance Skilled Worker visa holders) are exempt from the ban. Other exemptions may be available for individuals traveling to the U.K. to undertake work in certain essential jobs. More information is available here.
  • Anyone who is eligible to enter the U.K. from India will be required to complete a 10-day hotel quarantine, which must be booked in advance of traveling to the U.K. Travelers from “red countries” are not eligible for the Test to Release scheme, meaning they must complete the full 10-day hotel quarantine regardless of any negative COVID-19 tests.

Analysis & Comments: The new requirement is essential to note for travelers from India or those who have been in India in the last 10 days. Eligible travelers will need to factor in additional costs of the mandatory hotel stay. Travelers to the U.K. are also reminded that the existing requirements remain in place for COVID-19 testing 72 hours before travel and on day two and day eight after arrival. Employers who intend to send employees to the U.K. may wish to consult with BAL about their travel plans.

This alert has been provided by the BAL Global Practice group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2021 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.