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IMPACT – HIGH
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.
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 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.
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.
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.
Countries in Europe and around the world rushed to suspend travel from the U.K. on Sunday after the U.K. imposed a strict lockdown in London and the South East in light of a newly identified strain of COVID-19.
Among countries that have suspended travel are:
Additional Information: There are further reports in global news outlets of lots of other countries imposing travel restrictions from the U.K., including: Argentina, Chile, Croatia, Hong Kong, Iran, Kuwait, Morocco and Saudi Arabia. At this point in time, the UK government travel advice website is fully updated with the latest from all the European countries listed above, and is expected to add information from non-European and other countries in due course.
At this time, there is no indication that visa application centres in the U.K. or overseas are impacted; in the U.K., visa application centres remain an essential service despite the new Tier 4 lockdown announcements. However, in the short term there may be practical implications for traveling into and out of the UK.
Analysis & Comments: Deloitte is closely monitoring the situation and will provide further updates as they become available. Employers should be advised to consider start dates and travel arrangements being delayed for those coming into and out of the U.K. during this period or longer because of the current situation. Additional countries may add restrictions and the restrictions that are in place may be extended or broadened with little notice. Those with urgent travel needs are encouraged to work closely with Deloitte or consult the UK government travel advice website for details on the latest situation for each 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.
The United Kingdom has 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 who have already been working in the U.K. by Dec. 31 will be able to maintain their frontier worker status but must apply for a permit to do so. Frontier workers arriving on or after Jan. 1, 2020, will be required obtain work authorization under the U.K.’s new points-based immigration system.
Background: The new guidance builds on guidance provided in September.
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 July 1, 2021. Where there is a potential for employees to commence a working pattern which meets these guidelines, employers should think about formalizing the arrangement before Dec. 31 so that they can benefit from this permit type.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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:
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.
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.
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.