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IMPACT – HIGH
The Home Office has updated its guidance for foreign nationals outside the U.K. whose recently approved 30-day entry visa to work, study or join family in the U.K. has expired or is due to expire.
Key Points:
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.
The Home Office has released a guide for employers as it prepares to switch to a new points-based immigration system next year. The system will replace free movement for EU nationals. The Home Office reminded employers that they will need to be approved sponsors to recruit EU workers beginning Jan. 1. Applications for EU nationals planning on migrating to the U.K. on or after Jan. 1, 2021, will be accepted this fall.
The key points in the guide are as follows:
Additional information: EU nationals will not need a visa to enter the U.K. as visitors. Those planning on coming as migrants will be required to apply for a visa online and go to a Visa Application Centre to have their biometrics taken. EU nationals will be permitted to use e-gates when entering the U.K., though this policy will remain under review. During a six-month transition period, employers, landlords and public service providers will accept passports and national ID cards from EU nationals as evidence of permission to work in the U.K. This transition period will end June 30, 2021. Failing to leave the U.K. after leave has expired, or failing to leave on time, will impact an individual’s migration status and may negatively affect future interactions with U.K. immigration authorities.
Analysis & Comments: The Home Office guidance provides a blueprint for U.K. companies to plan for recruitment, talent acquisition and retention after free movement ends. Employers are reminded that under the transition period, EU 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. Deloitte will provide additional updates on the transition to the new immigration system as information becomes available.
The Home Office has updated its guidance for sponsors of Tier 2, 4 and 5 visas in light of the COVID-19 situation. Additional updates have been issued for Tier 1 Entrepreneur and Global Talent, Start-up and Innovation visa applicants.
Key points:
Salary reductions
Certificate of Sponsorship (CoS)
Tier 1 Entrepreneur visa holders
Global Talent, Start-up and Innovator visas
Fees for 2020
Analysis & Comments: The updates provide important guidance for sponsors and offer flexibility to employers facing temporary reductions or suspension of services or delayed start dates of employees because of COVID-19. Deloitte is closely following developments and will report additional measures or clarifications as information becomes available.
The Home Office has announced that in-country immigration-related processes deemed “non-essential” are suspended because of office closures.
Additional information: Last week, the government announced that it would be extending visas for those unable to return to their home country because of COVID-19 related travel restrictions/quarantines.
Analysis & Comments: The suspension policy is good news for employers, as it will ease immigration requirements for affected foreign national employees and their dependents. The response to the COVID-19 pandemic 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. © 2020. For information, contact Deloitte Touche Tohmatsu Limited.
The government has made temporary adjustments to ease requirements for right to work checks.
Additional information: Employers carrying out virtual right to work checks must have employees send a scan or photograph of their original documents and then have them hold up the original documents to the camera during a video call. Employers can check the gov.uk website for more information on right to work checks and employer obligations during COVID-19 measures.
Analysis & Comments: The ability to carry out virtual right to work checks is good news for employers, as it will allow them to complete the process while adhering to social distancing and self-isolation requirements. Please contact your Deloitte representative should you have any questions. The response to the COVID-19 pandemic continues to develop, and Deloitte will provide additional updates as information becomes available.
The government has announced visa extensions and other measures to ease immigration requirements during the COVID-19 pandemic.
Additional information: The Home Office will continue to review the situation and may extend the current date accordingly. UKVI has set up a COVID-19 immigration team to assist with the visa-extension process, and those whose visa has expired can contact the team via email for help with their extension. Deloitte can also support with this process. For more information and advice regarding immigration and the COVID-19 virus, visit the gov.uk website.
Analysis & Comments: The visa extension policy is good news for employers and their foreign national employees, as it should lessen compliance concerns amid travel restrictions and quarantine measures related to the COVID-19 pandemic. Foreign nationals who avail themselves of the visa extension policy, however, are reminded that they must return to their home country as soon as possible once travel restrictions are lifted. The response to the COVID-19 pandemic continues to develop, and Deloitte will provide additional updates as information becomes available.
IMPACT – MEDIUM
Under the upcoming Statement of Immigration Changes that takes effect April 6, the United Kingdom will not raise the salary minimum for purposes of indefinite leave to remain. The statement also clarifies important aspects of the EU settlement scheme.
Key Changes:
Analysis & Comments: The Statement of Changes provide some positive developments and clarifications for settlement applicants. Tier 2 (General) applicants applying for permanent residency based on five years of U.K. residency will not need to meet a higher salary threshold to be eligible, which means they could apply later this year. The clarifications on the EU Settlement Scheme will benefit EEA nationals and their family members, including extended family members.
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. For information, contact Deloitte Touche Tohmatsu Limited.
What is the change? An immigration bill has been submitted to parliament that will officially end free movement with the European Union, paving the way for the new U.K. points-based system in 2021.
What does the change mean? The Immigration and Social Security (EU Withdrawal) Bill would repeal provisions relating to EU free movement that are currently contained in U.K. law while codifying longstanding free movement rights of Irish nationals to visit, work and reside in the U.K. without immigration processing even after the end of the transition period.
Background: The bill will formalize the end of free movement following the end of the transition period on Dec. 31, 2020. EU citizens will not be required to have a visa to enter the U.K. for visits lasting up to six months. However, the use of EEA national identity cards for purposes of entering the U.K. will be phased out this year. The Home Office is expected to release details in due course.
Analysis & Comments: The bill is expected to pass parliament shortly and companies should prepare for the new points-based system starting from Jan. 1 that will regulate all non-Irish international workers. Companies are reminded that EEA citizens and their family members who are living in the U.K. by the end of the transition period may apply for permanent residency through the EU Settlement Scheme until June 30, 2021.
What is the change? The United Kingdom will increase the immigration health surcharge (IHS) from £400 to £624 per year.
What does the change mean? Starting in October, applicants applying for visas for longer than six months must pay the increased surcharge. Children will be subject to a new discounted rate of £470. The IHS for students and Youth Mobility Scheme applicants will also increase from £300 to £470.
Background: The U.K. introduced the immigration health surcharge in April 2015 to help cover costs of non-EEA expatriates’ use of the National Health Service. In January of last year, the surcharge was doubled from £200 to £400. The upcoming increase represents a 56% hike.
Analysis & Comments: The fee increase will mean a single applicant could be paying £3,120 for the IHS. Companies that cover the IHS on behalf of employees and their dependents should budget for the increases, which must be paid up front for each individual for the full duration of the visa at the time of application. This will also apply to EEA nationals upon the introduction of the new immigration system in January 2021.
The U.K. Home Office has issued guidance for foreign nationals currently in the U.K. who cannot return to China because of the coronavirus outbreak. The guidance covers extensions for expiring visas, status letters, government helplines, as well as absences for sponsored students/employees and British nationals in China.
Analysis & Comments: The guidance indicates the U.K. government’s flexibility regarding Chinese and other foreign nationals whose ability to return to China is affected by coronavirus-related delays and restrictions. Employers and sponsors are urged to review guidance updates from Public Health England and must be prepared to be flexible with employee schedules and start dates for employees who are affected by travel restrictions and quarantines. Please contact your Deloitte professional if you would like to discuss any specific cases that may be impacted by coronavirus.
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.