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The Home Office is advising sponsors with licenses expiration dates that fall between Nov. 27 and March 31, 2021 that they may submit their license renewal application in advance of the usual 90 days prior to the expiration date of their license.
Key points:
Additional information: The Home Office is also now resuming audits of future and existing U.K. sponsors after having suspended audits because of the pandemic.
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.
The U.K. government has updated their guidance to help employers prepare for the U.K.’s new points-based immigration system, which is scheduled to be introduced on Jan. 1, 2021.
Skilled Workers
From Jan. 1, 2021, free movement for EU citizens will end and the U.K. will introduce a new points-based immigration system. Under the new system, EU citizens and non-EU citizens will be treated equally from an immigration perspective and will need to apply for permission to work in the U.K. before travelling to work. EU citizens living in the U.K. by Dec. 31 are not affected by the new system and they and their family members should apply to the EU Settlement Scheme in advance of June 30, 2021.
Irish citizens are exempt from these new rules and may travel to live and work in the U.K. without any restrictions from Jan. 1, 2021.
Under the new system, any EU and non-EU citizens coming to the U.K. to work will need to demonstrate that:
In addition to the above, the job offer must satisfy the government’s minimum salary threshold. This is the higher of either:
Sponsorship License
Employers wishing to recruit EU and non-EU citizens will need to have an existing Sponsorship license or apply for one in advance of recruiting EU and non-EU citizens. This will enable the employer to sponsor the migrant to work at their organization.
Intra-company Transfer
The Intra-company Transfer (ICT) route allows multinational organizations to move key business personnel employed overseas into the U.K. on a temporary basis, on the condition that ICT sponsorship requirements are met. The route will require applicants to be in roles skilled to RQF 6 (graduate level equivalent), and subject to a different minimum salary threshold from the main skilled-worker route.
Immigration Skills Charge
From Jan. 1, 2021, any employer sponsoring an EU and/or non-EU citizen will be required to pay the Immigration Skills Charge (ISC). Employers must pay £1,000 per skilled worker for the first 12 months, with an additional £500 charge for each subsequent six-month period. Discounted rates will apply to charities and small business.
Global Talent route
Under the new system, the existing Global Talent route will open to EU citizens as it currently applies to non-EU citizens. The purpose of the Global Talent route is to enable the most highly skilled applicants, to achieve the required level of points, to enter the U.K. without a job offer, on the condition that they are endorsed by a recognized U.K. body, who are approved by the Home Office.
An employer will not need to be a Home Office licensed visa sponsor to employ a migrant under the Global Talent route.
Graduate route
Under the new system a Graduate Visa will be available to international students who have completed a degree in the U.K. from summer 2021. The Graduate route will allow international students to remain in the U.K. and work at any skill level for two years after the completion of their course.
An employer will not need to be a Home Office licensed visa sponsor to employ a migrant under the Graduate route.
International students completing a PhD from the summer of 2021 will be permitted to stay in the U.K. for three years after the completion of their studies to live and work.
Analysis & Comments: The new system represents a significant change for employers recruiting from outside the U.K. labor market. Employers should be aware of the new points-based immigration system in advance of its launch and ensure that they put in place sufficient processes and controls so that they are prepared for the new system. The government’s new guidance in full may be found here.
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.
What is the change? United Kingdom immigration authorities are poised to resume on-site sponsorship compliance visits that were suspended in March because of the COVID-19 pandemic.
What does the change mean? Employers should prepare for the possibility of compliance visits, which may be announced or unannounced.
Background: The U.K. suspended compliance auditing in March because of the COVID-19 pandemic. Officials notified sponsors last week that they would be resuming on-site compliance visits shortly. Officers have been instructed to follow Public Health England advice as well as any COVID-19 safety measures companies have put in place themselves.
Analysis & Comments: Employers should note that compliance visits will resume shortly and that such visits may be announced or unannounced. 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 country-specific information.
The Home Office has published updated information concerning certain visas that may be expiring due to current conditions with COVID-19.
Global Talent Visa
Leave expiring after Sept. 1
Biometric enrollment
Immigration and nationality fees
Priority and Super Priority Service
Additional Information: Most Visa Application Centers have resumed services where local restrictions allow. Those who have immigration queries related to coronavirus may email the Coronavirus Immigration Help Centre at through email CIH@homeoffice.gov.uk or by telephone: 0800 678 1767 (Monday to Friday, 9 a.m. to 5 p.m.).
The government has provided additional information on the reopening of visa application centers abroad and guidance for those whose visas expired between Jan. 24 and July 31.
Key Points on visa application centers:
Key Points on Visa Extensions:
Analysis & Comments: The reopening of additional VACs is welcome news, though applicants should be aware that services are limited and some VACs, especially in areas where COVID-19 is not under control, remain closed. Visa holders with visas that expired between Jan. 24 and July 31 should follow the steps listed above. 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.
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. © 2020.
The Home Office has released additional information on the points-based immigration system that will replace free movement for EU/ EEA nationals Jan. 1, 2021, and will apply to EU/EEA and non-EU/EEA nationals.
Key Points:
Background: The information released this week builds on information the Home Office published in its policy paper earlier this year.
Analysis & Comments: The latest update from the Home Office is welcome news, as it gives a better picture of the new points-based system and how it will operate, providing more details to help U.K. companies plan for recruitment, talent acquisition and staff retention after free movement ends. Employers are reminded that under the transition period, EU, EEA and Swiss nationals who are living in the U.K. as of the end of 2020 must apply under the EU Settlement Scheme by June 30, 2021. Any EU, EEA and Swiss nationals who have not been living in the U.K. by Dec. 31, 2020 will fall under the new points-based system. Employers must also consider that there will be new prescribed methods for conducting Right to Work checks for European nationals from Jan. 1, 2021. 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.
As of July 13, UK Visas and Immigration (UKVI) will begin a phased resumption of services and will re-open Premium Application Centres (PAC) in the U.S.
Additional information: The Seattle PAC remains closed at this time. Additionally, the Los Angeles PAC has a new address: 8530 Wilshire Blvd, Suite 420, Beverly Hills, CA, 90211.
The government has eased the self-isolation policy for travelers entering England and has introduced travel corridor exemptions.
Additional information: Travel restrictions for Scotland, Wales and Northern Ireland are published by their respective devolved governments.
Effective July 1, a temporary Global Talent visa concession is available as part of UK Research and Innovation’s (UKRI) endorsed funder route for those undertaking COVID-19 research in the U.K. The Global Talent visa is an immigration category for talented individuals in specific sectors wishing to work in the U.K. The Global Talent visa replaced the Tier 1 Exceptional Talent visa earlier this year.
Additional information: 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.
Eleven U.K. visa centers in India are set to open next week.
Analysis & Comments: The reopening of the 11 U.K. visa centers in India is good news for employers who have employees in India needing to submit visa applications to the U.K. However, companies still need to consider other related strategic factors such as relocation availability, quarantine requirements and travel out of India. It should also be noted that visa processing times will be potentially delayed due to the backlog. Your Deloitte professional can support you navigating this complex landscape.