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IMPACT – MEDIUM
What is the change? The U.K. is launching the new fast-track visa scheme for top international scientists, researchers and mathematicians.
What does the change mean? Those who qualify will be eligible for faster visa processing and an accelerated path to settlement.
Additional information: The Global Talent route will replace the Tier 1 Exceptional Talent on Feb. 20. U.K. Research and Innovation (UKRI) will manage the fast-track scheme. Under the program:
While the Tier 1 Exceptional Talent route was capped at 2,000 applicants per year, there will be no cap on the Global Talent route.
Analysis & Comments: The new visa program aims to help companies recruit foreign labor in the science and research sectors and is part of a broader effort to bring top foreign talent in scientific fields to the U.K. Additional information may become available closer to the Feb. 20 launch date, and Deloitte will update clients as needed.
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.
IMPACT – HIGH
What is the news? The Migration Advisory Committee released its report containing recommendations for the U.K.’s immigration system following its exit from the European Union and the conclusion of the transitional period on Dec. 31, 2020. The report covers the points-based system and salary thresholds.
Key Recommendations:
Points-Based System
The MAC recommends retaining the Tier 2 (General) route for skilled workers with a job offer, introducing a route for skilled workers without a job, and a review of the settlement criteria before raising settlement salary thresholds. Each of the three recommendations are summarized below.
Skilled workers with a job offer
Skilled workers without a job offer
Settlement
Salary Thresholds
Background: The MAC published its report in response to the U.K. government’s request for its recommendations on salary thresholds and examination of points-based systems. It is hoped that the recommendations will assist in the creation of the U.K.’s national immigration system, which is scheduled to come into force on Jan. 1, 2021.
Analysis & Comments: The MAC’s recommendations provide some predictability in retaining the Tier 2 (General) route and the existing framework for salary thresholds. While the government is not legally bound by the MAC report, it will take the recommendations into consideration, which will likely influence its policymaking.
What is the change? The U.K. has made its priority service available for Tier 2 (General)-based applicants applying for permanent residence (“indefinite leave to remain”).
What does the change mean? For an additional fee of 500 pounds, applicants who are already in the U.K. applying for permanent residence based on the Tier 2 (General) route may request the priority service which provides for a decision within five business days. The Priority service was not previously available to Tier 2 (General)-based applicants applying for permanent residence.
Analysis & Comments: The priority service is an additional option for companies sponsoring Tier 2 (General) employees for permanent residence. The priority service fee is in addition to the standard government fees required to file the permanent residence application.
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. © 2019. For information, contact Deloitte Touche Tohmatsu Limited.
What is the change? The U.K. government has updated guidance for EEA and Swiss nationals traveling to the U.K. for business or visits without a visa in the event of a no-deal Brexit.
What does the change mean? The guidance confirms that under a no-deal Brexit, EEA and Swiss nationals may continue to travel without a visa to the U.K. for short-term visits and business trips, and clarifies the types of identification documents required. Irish nationals are not affected because the Common Travel Area provisions will remain in effect after Brexit.
Background: The guidance, updated Oct. 25, confirms the following rules for EEA and Swiss nationals traveling to the U.K. after a no-deal Brexit:
Analysis & Comments: The risk of a no-deal Brexit has been temporarily averted, with the Brexit deadline pushed back to Jan. 31, 2020 and the British Parliament’s vote to hold a General Election on Dec. 12. Companies with European employees traveling to the U.K. should understand the travel rules and restrictions if a no-deal Brexit occurs.
Source: 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. © 2019. For information, contact Deloitte Touche Tohmatsu Limited.
What is the Brexit news? The U.K. and the EU have agreed to postpone Brexit until Jan. 31, avoiding a “no-deal” Brexit on Oct. 31. The U.K. will also hold a general election Dec. 12.
Key points:
Analysis & Comments: While a no-deal Brexit has been temporarily avoided, the status of Brexit remains in flux, and it is unclear whether the U.K. will approve a withdrawal agreement before Jan. 31. If a withdrawal agreement is ratified before January, the U.K. will leave before then. If a withdrawal agreement is not approved, the U.K. will leave the EU without a deal on Feb. 1. To prepare for a potential no-deal Brexit, employees should register under the EU Settlement Scheme, and employers should familiarize themselves with no-deal Brexit contingency plans of European countries.
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. © 2019. For information, contact Deloitte Touche Tohmatsu Limited.
What is the change? The Home Office has released an iPhone app designed to make it easier for individuals to verify their identity when applying for the EU Settlement Scheme.
What does the change mean? Applicants with an iPhone 8 (or above) will be able to use the EU Exit ID Document Check APP to verify their identity. They must have a biometric passport or biometric residence permit (BRP) in order to use the app. Applicants who are unable to use the app can verify their identity by mailing their passport or by bringing it to any of more than 80 locations in the U.K. The app continues to be available to people who have an Android 6.0 (or above) as well; it is expected to be available for iPhone 7 and iPhone 7 Plus following an upcoming software update.
Background: The app is part of an extensive effort by the Home Office to encourage EU/EEA or Swiss nationals to apply for the EU Settlement Scheme as the Oct. 31 Brexit deadline approaches. Currently, EU/EEA and Swiss nationals have until at least December 2020 to apply.
Analysis & Comments: The app could make it easier for some applicants to complete a key part of EU Settlement applications. EU/EEA and Swiss nationals who want to remain in the U.K. are encouraged to work closely with their immigration provider to determine whether they are eligible for the settlement scheme and, if so, how to go about completing their applications.
What is the change? EU citizens who have obtained U.K. settled status under the EU Settlement Scheme are now able to prove their status by sharing a secure online code.
What does the change mean? The electronic share code is new, but remains optional. EU citizens may continue to use a passport or national identity document to prove their right to reside in the U.K. until at least the end of 2020.
Background: Since January, employers have been able to use the online service to view right-to-work status of an applicant who shares his or her status digitally. The service has now been expanded to banks and other agencies seeking confirmation of an EU, EEA, or Swiss citizen’s settled status.
Analysis & Comments: EU citizens who wish to use the digital platform to confirm their settlement status may generate a share code to be entered into the system by a bank, the Department of Work and Pensions, or other entities seeking confirmation of their rights in the U.K.
The United Kingdom has published a Statement of Changes to immigration rules, outlining clarifications and amendments to the EU Settlement Scheme and the Tier 2 route for skilled workers, among other programs.
Some of the key changes are as follows:
The full Statement of Changes is available here. An explanatory memorandum on the changes is available here.
Analysis & Comment: The clarification on the EU Settlement Scheme will provide some certainty for non-EU family members of U.K. nationals, especially given that the changes cover both the “deal” and “no deal” Brexit scenarios. The removal of Ph.D.-level jobs from the Tier 2 category and the expansion of the Shortage Occupation List could help some employers deal with labor shortages U.K. companies are currently experiencing. The change to English testing requirements for medical professionals will reduce administrative burdens for some foreign workers.
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/aboutto 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. © 2019. For information, contact Deloitte Touche Tohmatsu Limited.
What is the change? The Home Office is advising U.K. and EU nationals with passports that expire between now and May 2020 to renew their passports ahead of Brexit.
What does the change mean? U.K. and EU nationals who are planning travel between the U.K. and EU and who have passports that will expire in the coming months should submit a renewal application as soon as possible. Once the renewal application is submitted, it may take up to three weeks to receive the new passport.
Analysis & Comments: U.K and EU nationals traveling in and out of the U.K. after Brexit with a passport set to expire between now and May 2020 should renew their passports now as they may not be able to travel with their current passport after Brexit. Companies should urge affected employees to submit renewal applications immediately to avoid difficulties traveling after Oct. 31.
What is the change? The United Kingdom has issued guidance that requires Tier 2 and Tier 5 sponsors to check the date on which migrant employees enter the U.K. Sponsors are then required to create and retain a document recording the date of entry.
Additional information: In most cases, the date of entry can be checked by examining the entry stamp in the employee’s passport. In some cases, however, the employee will not have an entry stamp (e.g., if the employee holds a valid visa and entered the U.K. through Ireland or if the employee entered the U.K. using eGates at the airport). In these cases, sponsors must ask to see additional evidence such as a ticket or boarding pass. Sponsors must make a record of the date of entry but are not required to retain other evidence.
Sponsors should make sure employees entered the U.K. when their visa was valid. In cases where employees entered the U.K. before their visa was valid, they should leave the Common Travel Area and re-enter the U.K. when their visa is valid. Employees who entered the country before their visa was valid are not eligible to work.
Analysis & Comments: The new rules create additional administrative requirements for sponsors and may, in some cases, lead to delayed start dates if employees entered the country before their visa was valid. Sponsors should note that the new rules do not replace or change sponsor responsibilities to ensure that non-EEA/Swiss nationals are eligible to work in the U.K.