Search
Contact
Login
Share this article
The U.K. government has announced new plans to modernize the country’s immigration system to “attract and retain the most highly-skilled, globally mobile talent.” The plans are detailed in a budget plan submitted to the House of Commons last week and focus on attracting global talent in academia, science, research and technology.
Among other proposals, the budget calls on the government to:
Analysis & Comments: Employers will welcome the steps being taken to ensure that the U.K. can attract and retain the most highly skilled, globally mobile talent from around the world. Employers will also welcome the steps being taken to modernize the immigration sponsorship system and will wait with interest for the roadmap due to be published in the summer. Deloitte will continue to follow developments related to the budget proposal, and 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 United Kingdom has launched a smartphone application (App) for the Hong Kong British Nationals Overseas/BN(O) visa.
Key Points:
Background: The App is being made available to BN(O)s after the U.K. opened a new BN(O) visa category for Hong Kong BN(O) status holders on Jan. 31, 2021.
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”)
IMPACT – HIGH
The U.K. government has announced that beginning Feb. 15 travelers arriving in England from 33 “red list” countries will be required to quarantine in a hotel for 10 days. All travelers arriving in Scotland will be required to quarantine in a hotel for 10 days. Additional testing requirements have also been introduced. Key Points:
Background: Previously, the U.K. government banned visitors from entering England who have been in “red list” countries in the 10 days before traveling to the U.K. The new measures mark a tightening of restrictions in light of reported new variants of COVID-19.
Analysis & Comments: The response to COVID-19 continues to develop, and Deloitte will provide additional updates as information becomes available. Please check Deloitte’s COVID-19 Digital Map, available here, for information on travel restrictions and immigration changes in other countries.
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. © 2020. For information, contact Deloitte Touche Tohmatsu Limited.
The United Kingdom has banned entry to the U.K. for visitors arriving from Burundi, Rwanda and the United Arab Emirates in an effort to limit the spread of a new COVID-19 variant. These three countries have been added to the Home Office’s “red list” of more than 30 countries from which visitors are not permitted to travel to the U.K.
Additional Information: People who have been in or transited through the “red list” countries in the last 10 days are not permitted to travel to the U.K. As for travelers from Burundi, Rwanda and the UAE, this does not include British, Irish nationals and third-country nationals with residence rights (for instance a Skilled Worker visa), who will be able to enter the U.K. but must self-isolate for 10 days and cannot use the Test to Release Scheme.
The full “red list” is as follows: Angola, Argentina, Bolivia, Botswana, Brazil, Burundi, Cape Verde, Chile, Colombia, Democratic Republic of Congo, Ecuador, Eswatini, French Guiana, Guyana, Lesotho, Malawi, Mauritius, Mozambique, Namibia, Panama, Paraguay, Peru, Portugal (including Madeira and the Azores), Rwanda, Seychelles, South Africa, Suriname, Tanzania. United Arab Emirates (UAE), Uruguay, Venezuela, Zambia, Zimbabwe.
The U.K. government previously barred entry to visitors from most South American countries and Portugal in mid-January 2021.
Analysis & Comments: Employees located in the countries listed above who need to travel to the U.K. may want to discuss their travel plans with a Deloitte professional. While visiting the U.K. from these countries is not permitted, British and Irish nationals and those holding a valid U.K. residence visa or work permit may still be permitted to travel. Travelers should also regularly check with their travel provider or airline in anticipation of any potential disruption to flights. 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, available here, for information on travel restrictions and immigration changes in other countries.
The United Kingdom’s Home Office is once again allowing applicants for certain visas (including Skilled Worker, Intra Company and Student visas) and Indefinite Leave to Remain decisions to pay for faster decisions on their applications.
Key Points
Additional Information: In some cases, decisions may be delayed if additional information from the applicant is needed. Applicants should receive a biometric residence permit seven to 10 days after their decision.
Analysis & Comments: Individuals interested in an expedited decision should contact their Deloitte professional to check if their visa is eligible for the service and to gather the required documentation for a successful, faster decision.
IMPACT – MEDIUM
The Home Office has introduced a new concession for individuals whose leave in the U.K. expired while they were abroad and unable to return because of COVID-19.
Analysis & Comments: Individuals who may be eligible for the new concession are encouraged to complete the form, as described above, and to contact Deloitte if they need assistance. The U.K.’s response to COVID-19 continues to evolve. Please check Deloitte’s COVID-19 Digital Map, for information on travel restrictions and immigration changes in the U.K. and other countries.
The United Kingdom has barred entry to most travelers from South America, Cape Verde, Panama and Portugal. The move was made in response to the detection of a new COVID-19 variant in Brazil and countries with strong travel connections to Brazil.
Additional Information: The U.K. is also moving to implement a new COVID-19 testing requirement for anyone traveling to England from 4 a.m. on Jan. 18 forward. Internal COVID-19 restrictions also remain in place, prohibiting travel except for a very limited set of reasons, including work.
Analysis & Comments: 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, available here, for information on travel restrictions and immigration changes in the U.K. and other countries.
The Home Office has released official guidance confirming that from 4 a.m. on Jan. 18, anyone traveling to England will be required to present a negative COVID-19 test result before departure. Key Points:
Analysis & Comments: Travel to and from the U.K. remains limited because of the COVID-19 pandemic, and the testing requirement will further add to the time it takes to plan travel. Deloitte will provide additional information as it 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.
U.K. officials have announced that from 4 a.m. on Jan. 15, 2021, anyone traveling to England will be required to present a negative COVID-19 test result before departure.
Analysis & Comments: Travel to and from the U.K. remains limited because of the COVID-19 pandemic, and the testing requirement will further add to the time it takes to plan travel to England. Deloitte will provide additional information as it 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.
While the end of free movement will make travel, migration and work authorization more complex for U.K. nationals in the EU and EU nationals in the U.K., the recently approved Trade and Cooperation Agreement does provide some clarity for business travelers, intra-corporate transferees, contractual service suppliers and independent professionals.
The deal ensures that a list of permitted activities can be performed without the need to obtain a work permit or submit any form of economic needs test or other pre-travel approval. The agreement overrides the current national immigration legislation in member states for third countries, which differs so in practice, there may be some adjustment required and administrative disruption while the rules are transposed and implemented.
The permitted activities included in the agreement include but are not limited to:
The agreement also provides some protection for senior level U.K. national and EU national business travelers, visiting the EU and U.K. respectively, and performing company establishment activities.
U.K. ICTs will be permitted to work in the EU for up to three years for managers and specialists and up to one year for graduate trainees, which is consistent with the EU’s ICT framework.
The U.K. will be bound by this provision as well; however, currently U.K. law is more generous and permits ICTs to remain in the country for up to five years in a six-year period or nine years in any ten-year period if the ICT will be earning £73,900 or more per year. We expect the rules for ICTs coming to the U.K. to remain as they are.
An assessment will need to be undertaken by the Deloitte immigration team each time a secondment/transfer is contemplated to determine what type of work authorization process would be applicable to each particular set of circumstances, on a country-by-country basis.
This route may provide an alternative option where the ICT and/or Business Visitor Routes do not apply.
The expectation is that this route will be implemented differently in different EU countries owing to the reservations described above. An assessment will therefore need to be undertaken on a case-by-case basis to determine the permissibility and applicable work authorization process depending on the destination country.
The expectation is that this route will be implemented differently in different EU countries owing to reservations on certain services by some EU countries. An assessment will need to be undertaken by the Deloitte immigration team each time to determine what type of work authorization process would be applicable to each particular set of circumstances, on a country-by-country basis.
In relation to working in the U.K., although limited in scope, this route does provide self-employed people the opportunity to provide their services in the U.K., which is not available under the current U.K. immigration rules. Currently there is only a formal provision in the Rules for Service Providers from Switzerland. Again, an assessment will need to be undertaken by the Deloitte immigration team in each case to determine how best to approach the work authorization process.
U.K. nationals travelling to the EU will require a minimum of six months on their passports in order to be allowed entry to an EU country.
Analysis & Comments: While the end of free movement will make travel, migration and work authorization more complicated for U.K. nationals in the EU and EU nationals in the U.K., the Trade and Cooperation Agreement does provide some clarity for business travelers, ICTs, contractual service suppliers and independent professionals. Deloitte will continue following developments related to Brexit and will provide additional information as it becomes available.