IMPACT – HIGH

The U.K. and Switzerland have secured an agreement on services that maintains high-quality access for U.K. services suppliers to the Swiss market, allowing certain U.K. professionals to travel and work freely in Switzerland visa-free for up to 90 days a year. The agreement also reciprocally allows eligible Swiss service suppliers to execute contracts in the U.K. visa-free for a period not exceeding 90 days per calendar year.

Key Points:

• The initial agreement will last for two years to continue immediately after the transition period, starting from Jan. 1, 2021.
• This route will allow U.K. professionals and other service workers to travel freely to Switzerland and work visa-free for up to 90 days per calendar year.
• U.K. professionals under this route will be able to do business as they do now and not face economic interest tests, work permits or lengthy processing times for the first 90 days.
• Service providers from Switzerland, including eligible employers, companies or self-employed individuals will be able to execute contracts in the U.K. for a period not exceeding 90 days per calendar year. The U.K. Immigration Rules surrounding the agreement can be found here.
• This route does not allow for dependents to accompany or join the Service Provider from Switzerland in the U.K.

Analysis & Comments: The agreement between the U.K. and Switzerland is positive news as it will allow certain professionals and other services workers to continue traveling freely between the U.K. and Switzerland to work-visa free for up to 90 days a year. This gives businesses flexibility on conducting business or providing services between Switzerland and the U.K. without the costs and time delays that would otherwise be applicable if an individual would require a Working visa for either country.

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.

IMPACT – HIGH

The United Kingdom will soon allow travelers staying in England to cut their period of self-isolation short if they test negative for the COVID-19 virus.

Key Points:

• The Test to Release scheme, as it is called, will begin Dec. 15.
• Under the scheme, travelers who are required to self-isolate upon arrival in England will be permitted to take a private COVID-19 test, at their cost, after five full days of isolation. If they test negative, they will be permitted to end their isolation; if they test positive, they must continue to isolate for the full 14 days. Those with inconclusive tests will also be required to continue isolating.
• Those who want to participate in the scheme must (1) book a test with a private test provider and (2) opt into the scheme on the UK’s passenger locator form before arriving in the UK. Those who decide after arrival that they would like to participate must fill out a new passenger locator form. The government has not yet released a list of accepted test providers.
• The scheme will be available to travelers who will remain in England, but not to anyone planning travel to Scotland, Wales or Northern Ireland.
• Travelers who have only been in a country or countries on the UK’s travel corridor list in the 14 days before entering the United Kingdom do not need to self-isolate upon arrival. Those working in jobs that qualify for travel exemptions also do not need to self-isolate.
• Additional information is available on the UK government site.

Analysis & Comments: The change could give a boost to business travel in England, as many travelers will no longer to be required to self-isolate for the full 14-day period. Please check Deloitte’s COVID-19 Digital Map, for information on travel restrictions and immigration changes in the UK and 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.

 

IMPACT – HIGH

As the Brexit transition period nears its end, nationals of the United Kingdom living in the European Union are reminded to fulfill any requirements in their country of residence to show they are legally living there.

Key Points:

• Depending on their country of residence, U.K. nationals and their family members may need to take steps to apply for residence or register their residence before Dec. 31.
• Requirements vary from country to country, with some countries requiring U.K. nationals to take affirmative steps to establish their residence. Country-by-country requirements can be found here.
• Existing valid permanent residence documents issued under the current system may be exchanged for a new residence document for free until June 30, 2021. Individuals may be required to pass background checks. Processes vary from from country to country.
• Immediate family members (spouses, registered partners, dependent children/grandchildren and dependent parents/grandparents) may travel to the EU to be with U.K. nationals after Dec. 31 under the withdrawal agreement, but a prior application may need to be made. The specific process will vary on a case-by-case basis depending on the destination EU country.

Background: The U.K. left the European Union in January, and the Brexit transition period ends Dec. 31.

Analysis & Comments: EU employers should ensure all U.K. national employees and family members (where applicable) are complying with legal requirements in individual EU countries ahead of the end of the Brexit transition period to ensure their residence status can be maintained.

EU employers are also reminded that U.K. national employees who are required to start work in any EU countries from Jan. 1, 2021, and are not already resident, may need to apply for a work/ residence permit given freedom of movement will have ended by then. Some EU countries are already allowing early applications for assignments starting from January and February of next year.

Employers are urged to work closely with Deloitte to discuss what steps must be taken by the end of the year, both for U.K. national employees already resident in any EU countries, and for U.K. national workers that are not planning on moving to their destination EU country until after Jan. 1, 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”) 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.

IMPACT – HIGH

The United Kingdom has published a Statement of Changes to immigration rules, providing more information on the U.K.’s points-based immigration system that is set to be implemented Dec 1.

Key Points:

• The government will introduce a Skilled Worker route to replace the Tier 2 (General) route. The route will be for both EEA and non-EEA nationals. Applicants will have to be sponsored by a specific employer licensed by the Home Office. Among key differences:

• • The minimum skill threshold will be broadened from graduate occupations to occupations skilled to RQF level 3. This is roughly equivalent to A-levels or Scottish Highers. Applicants will not need a formal qualification.
  • The general salary threshold will be lowered from £30,000 a year to £25,600 a year. Sponsors will continue to be required to pay their skilled workers the minimum threshold or the “going rate” for the occupation, whichever is higher. Sponsored workers may be paid less than the minimum, depending on the tradeable points they are awarded.
  • The cap for sponsoring skilled workers under Tier 2 General will be removed, reducing end-to-end processing by up to four weeks.
  • Sponsors will not need to undertake a Resident Labour Market Test, reducing processing times by an additional four weeks.
  • The 12-month “cooling off period” and six-year maximum length of stay in the route will be removed.
  • The £35,800 salary threshold for settlement applications will be removed. Instead, sponsors will be required pay their skilled workers a minimum salary of £25,600 or more per year or the going rate for the occupation.
  • Shortage occupations workers or those in listed health or education occupations may be paid £20,480 per year. Their pay must be equal to or more than the going rate for the occupation.
  • The government will consider recommendations in a Sept. 29 Migration Advisory Committee (MAC) report on the Shortage Occupation List.

• The Intra-Company Transfer route and the Intra-Company Graduate Trainee will be revised into a points-based format.

• • Instead of a cooling-off period, migrants ICT workers can hold Intra-Company Transfer leave for up to five years in any six-year rolling period or up to nine years in any ten-year period for high earners.
  • The salary threshold for high earners will be £73,900 per year. Workers who make that amount or more will be allowed to hold Intra-Company Transfer leave for up to nine years in any ten-year rolling period. They will not need to have worked for the overseas business for 12 months before coming to the U.K.
  • In-country switching into the Intra-Company Transfer route will be made simpler, but applicants will still be required to be an existing employee having worked overseas before applying unless they are applying as a high earner.
  • Individuals will be allowed to switch inside the U.K. from a number of long-term visas such as Tier 2 (ICT) visa and Tier 5 Youth Mobility visa. Individuals whose last leave was a Visitor; Short-term student; Parent of a Child Student; Seasonal Worker; Domestic Worker in a Private Household; or outside the Immigration Rules will not be permitted to switch into the Skilled Worker visa in the U.K.
  • The government will take steps to simplify aspects of the visitor route. Visitors will be permitted up to six months of study. Drivers on international routes will be permitted to collect and deliver goods and passengers in and out of the U.K. A requirement that volunteering be incidental to the purpose of the visit will be dropped, and the sporting and creative Permitted Paid Engagement provisions will be separated to apply different requirements to the two categories.

Additional Information: The full Statement of Changes policy paper can be found on this website. Besides the Statement of Changes, the U.K. government also recently released additional guidance on conducting right-to-work checks for EU nationals. Deloitte will provide additional updates on the transition to the new immigration system as further 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. © 2020. For information, contact Deloitte Touche Tohmatsu Limited.

 

IMPACT – HIGH

The Home Office has released additional guidance for employers on employing EU, EEA and Swiss citizens in the U.K. after the end of the Brexit transition period.

Key Points:

• The way employers are required to check a job applicant’s right to work will be unchanged until June 30, 2021. Until this date, EU, EEA and Swiss citizens can prove their right to work as they do now, using a passport or national identity card or the online right to work checking service.
• The guidance reiterates that employers have a duty not to discriminate against EU, EEA or Swiss citizens. Employers cannot require applicants to show their status under the EU Settlement Scheme until after June 30, 2021.
• Irish citizens will continue to prove their right to work in the U.K. as they do now. Irish citizens are permitted to work in the U.K. by virtue of the Common Travel Area (“CTA”) between the U.K. and Ireland.
• EU, EEA and Swiss citizens and their family members who are residing in the U.K. by Dec. 31 are reminded they have until the June 30, 2021, to apply under the EU Settlement Scheme (“EUSS”) to continue living in the U.K. after this date.
• EU, EEA and Swiss citizens and their family members arriving in the U.K. from Jan. 1, will be required to make an application under the new immigration system to obtain a working visa in advance of moving to the U.K. This will require a job offer from an approved sponsor.

Background: The U.K. left the European Union on Jan. 31, triggering a transition period ending on Dec. 31. Freedom of movement will end Jan. 1, and the U.K. will have a new immigration system, applicable to both European and non-Europeans alike.

While EU, EEA and Swiss citizens already living in the U.K. by the end of the transition period are able to secure their status in the U.K. using the EUSS (with a deadline of June 30, 2021), those arriving from Jan. 1 will have to apply under the new immigration system.

Analysis & Comments: The new guidance is welcome, as it provides further clarity on a range of right to work obligations for businesses employing European nationals from Jan. 1.

The new guidance also raises a questions, however, surrounding what documentation can and cannot be requested, particularly for new European hires from Jan. 1.

It is clear that any EU, EEA or Swiss national who is already employed in the U.K. by Dec. 31 will not require a retrospective right to work check. While these individuals are nonetheless required to apply under the EU Settlement Scheme (“EUSS”) by June 30, 2021, employers cannot require them to demonstrate they have made the application.

For new hires from Jan. 1, it is clear than any EU, EEA or Swiss citizen not resident in the U.K. will require sponsorship under the new immigration system prior to starting employment.

For new hires of any European nationals already residing in the U.K., while these individuals may have already applied under the EUSS (and are required to do so by June 30, 2021), employers cannot require them to show any status granted under the EUSS until after June 30, 2021.

The guidance is therefore very clear on the requirements for right to work checks on EU, EEA and Swiss new hires between Jan. 1, 2021 and June 30, 2021. Employers can check the job applicant’s right to work as they do now, by viewing either the passport or national identify card, or conducting an online check.

Crucially, employers cannot discriminate and refuse to employ an EU, EEA or Swiss national on the basis they have not yet obtained a status under the EUSS until after June 30, 2021.

Further, employers can be assured they will have a full statutory defense against any illegal employment even from just the passport copies for this population. Retrospective checks are not required on existing employees.

Nonetheless, employers should still be encouraged to provide regular communications to their employees to remind them to apply under the EUSS by June 30, 2021. In fact this approach is encouraged by the Home Office, who have provided an “Employer Toolkit” to provide signposting to businesses to help support their European citizen employees to stay in the U.K.

While the employer will have followed all the right to work guidance to establish a statutory defense should any employee not have made the application by June 30, 2021, the individuals in question nonetheless require the status to continue lawfully residing in the U.K. Apart from the right to work, holding status under the EUSS is also required for accessing the NHS, schooling, travelling in and out the U.K., banking and renting a property, for instance.

In summary:

• Before June 30, 2021, there is essentially no change to the right to work process for employers hiring EU, EEA and Swiss nationals. If the individual is resident in the U.K. a simple right to work check can be carried out using the passport.
• Signposting can be given to employees regarding how to apply under the EUSS, but evidence cannot be requested that this has been done or permission obtained.
• If the EU, EEA or Swiss national is not resident in the U.K., a formal application is required under the new immigration system.
• No retrospective checks are required on existing employees.
• After June 30, 2021, all EU, EEA and Swiss national new hires will be required to show their permission to work in the U.K., either by holding a status under the EUSS or by first making an application under the new system.

As a final consideration, it remains to be seen if any retrospective checks on holding a status under the EUSS will be required after June 30, 2021, in particular for those individuals hired between Jan. 1 and June 30, 2021. Further guidance is expected to be released by the Home Office as we approach the end of the ‘grace period’ ending on June 30, 2021.

In the meantime, employers can be reassured that in fact the requirements for right to work checks on European nationals from January 2021 are perhaps less onerous than may have been anticipated. Indeed, in effect the right to work check process essentially remains unchanged until after June 30, 2021, notwithstanding the fact new European hires that are not resident in the U.K. will require working permission under the new immigration system.

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.

 

 

IMPACT – HIGH

What is the change? The United Kingdom has introduced two new student visa programs to replace the old Tier 4 route.

What does the change mean? Applications are now being accepted for the new Student and Child Student visa route. There is no cap on the number of visas available every year, and the visas will be available to non-EEA and EEA applicants alike.

• Implementation time frame: Applications under the new system were accepted starting Oct. 5 for non-EEA nationals and for EEA national students planning on studying in the UK from Jan.1 after the Brexit transition period ends.
• Visas/permits affected: Student and Child Student visas.
• Who is affected: Both non-EEA and EEA Foreign nationals planning to study in the U.K.

Background: The U.K. hopes the new system will streamline the application process for international students. In order to qualify for visas, applicants are required to reach at least 70 points under the new criteria. Applicants can obtain these points by providing an offer from an approved educational institution, reaching the requisite English ability and showing they are able to support themselves financially while studying in the U.K. The points system will also ease some documentation and maintenance requirements for students, and will make it easier for some students to apply for different immigration permissions without leaving the U.K.

Analysis & Comments: The new student visa programs are designed to simplify student visa applications and the lack of a cap on the number of visas should encourage more international students. While applications will be accepted now from non-EEA nationals, both non-EEA and EEA nationals may apply for the visas once free movement ends on Jan. 1.

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.

IMPACT – HIGH

The UK Visa and Citizenship Application Services have resumed normal operations.

Key Points:

• UK Visa and Citizenship Application Services (UKVCAS) customers are now allowed to begin booking appointments at UKVCAS Service Points after registering, including those who submitted their applications on or after Sept. 19. Applicants who have submitted applications to UKVCAS between Sept. 12 and Sept. 18 should have received an email by Sept. 23 inviting them to book a UKVCAS appointment or to download and use the UKVCAS IDV app.
• Customers can book their appointments now. Free and chargeable appointments are available until Oct. 25.
• T4 students cannot book appointments at this time. T4 students should wait for a confirmation email from UKVCAS regarding next steps. UK Visas and Immigration (UKVI) is making determinations about which students are eligible for biometric reuse and using the IDV app.
• Students who registered with UKVCAS by email should monitor their email for messages from UKVCAS about booking an appointment or downloading the IDV app. After receiving such emails, it will be possible for students to book appointments or download the app. Students who submit the applications using the IDV app or at an UKVCAS appointment will have all their supporting information sent to UKVI in 24 hours. Applications will be processed based on the date of registration with UKVI/UKVCAS.

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 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.

 

IMPACT – HIGH

The Home Office and UK Visas and Immigration have issued new guidance for frontier workers who want to continue working in the U.K. after the Brexit transition period comes to a close.

Frontier workers are EU, EEA or Swiss nationals who are employed or self-employed in the U.K. but live outside of it. The U.K. will switch to a new points-based immigration system on Jan. 1, 2021, when the Brexit transition period ends. Frontier workers who want to begin work in the U.K. after Jan. 1, 2021, will be required to apply for work authorization under the new points-based system, but those who have previously worked in the U.K. as a frontier worker will, in many cases, be able to maintain their status.

Key Points:

• Frontier workers who are working in the country by Dec. 31 will be able to maintain their status, but will be required to apply for a frontier worker permit.
• EU/EEA/Swiss nationals who previously worked as frontier workers in the U.K. may be able to maintain frontier worker status and obtain a frontier worker permit if, as of Dec. 31, they are:
  • unable to work because of an illness or accident;
  • involuntarily unemployed and looking for work in the U.K.;
  • involuntarily unemployed and in vocational training;
  • unemployed and in vocational training that is related to their previous work;
  • unable to work because of pregnancy or childbirth; or
  • on maternity or paternity leave and will return to their job, or find another job, at the end of their leave.
• The U.K. will launch the frontier worker permit scheme later this year. Applications will be free and can be submitted from inside or outside the U.K.
• Frontier workers will need a valid frontier worker permit, in addition to their passport or national ID card, to enter the U.K. beginning July 1, 2021.
• Irish nationals will not be required to obtain a frontier worker permit. They may continue working next year and thereafter under the Common Travel Area (CTA) arrangement between the U.K. and Ireland.
• Non-U.K., non-Irish nationals who wish to begin working as frontier workers on or after Jan. 1, 2021, must obtain work authorization under the U.K.’s new points-based immigration system.

Analysis & Comments: Employers with employees who live in another country are encouraged to work with Deloitte to make sure those who are eligible to maintain their status do so and obtain the necessary frontier worker permit by the July 1, 2021 deadline. 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.

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.

 

IMPACT – MEDIUM

What is the change? The United Kingdom is poised to replace the Tier 4 visa route with two new student visa programs.

What does the change mean? Under a plan now before Parliament, the U.K. would award Student and Child Student visas based on a new points-based system. The system will apply equally to EEA and non-EEA nationals, and there will be no cap on the number of visas available every year.

• Implementation time frame: The student routes will open on Oct. 5 for non-EEA nationals. They will be available to EEA nationals beginning Jan. 1, after the Brexit transition period ends.
• Visas/permits affected: Student and Child Student visas.
• Who is affected: Foreign nationals planning to study in the U.K., including EEA nationals.
• Next steps: Additional details are expected to be made available between now and the Oct. 5 implementation date.

Background: The U.K. is adopting the new system in hopes of providing a simpler visa process for international students. In order to qualify for visas, applicants will be required to reach at least 70 points under the new criteria. Applicants can obtain these points by evidencing an offer from an approved educational institution, reaching the requisite English ability and showing they are able to support themselves financially while studying in the U.K. The points system will also ease some documentation and maintenance requirements for students, and will make it easier for some students to apply for different immigration permissions without leaving the U.K.

Analysis & Comments: The Home Office touted the changes as part of a broader effort to ensure the U.K. draws “the brightest and the best” to study in the country. Officials have set a goal of bringing 600,000 international students to the country per year by 2030. The new student visa programs are designed to simplify student visa applications and the lack of a cap on the number of visas should encourage more international students. More detailed information is expected in the coming weeks, and Deloitte will provide 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. © 2020. For information, contact Deloitte Touche Tohmatsu Limited.

On Jan.1, 2021, the Brexit transition period, which currently protects the residence rights EU/EEA/Swiss nationals living in the U.K., and U.K. nationals living in one of the EU/EEA countries and Switzerland, will officially end. After the end of the transition period, freedom of movement within the EU will no longer apply to U.K. nationals, and the U.K. will introduce a new immigration system that will apply to all EU/EEA/Swiss and non-EU/EEA/Swiss nationals.

To prepare businesses and their employees for the end of free movement next year, BAL and Deloitte have prepared a backgrounder focusing on the approved measures regarding residence rights around the U.K. and the EU at the end of the transition period.

Preview the document here.