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IMPACT – HIGH
What is the change? Ireland and the U.K. have confirmed that the U.K.-Ireland Common Travel Area will remain, regardless of the outcome of the U.K. Parliament’s Brexit negotiations.
What does the change mean? The CTA will continue to allow Irish and British nationals to travel, live and work in the U.K. and Ireland in the case of a no-deal Brexit.
Background: The CTA provides reciprocal rights to Irish citizens and U.K. citizens to travel, study, work and reside in each other’s country on the basis of their passport and without further immigration processing, such as work or residence permit procedures. The memorandum of understanding signed last week noted that the “CTA and associated reciprocal rights and privileges existed long before either Ireland or the UK were members of the European Union” and that “the privileges which Irish and British citizens enjoy (under the CTA) are separate from, and therefore not dependent on, EU citizenship or EU membership.”
Analysis & Comments: The memorandum affirms that Irish and U.K. nationals will continue to enjoy the privileges they have under the CTA, regardless of the Brexit outcome, and ensures that companies will be able to continue employing the affected nationals as before Brexit.
Source: Deloitte LLP. Deloitte LLP is a limited liability partnership registered in England and Wales with registered number OC303675 and its registered office at 1 New Street Square, London EC4A 3HQ, United Kingdom.
The Migration Advisory Committee (MAC) has released its report and recommendations on the Shortage Occupation List.
The report recommends a substantial expansion of the SOL to include a broader range of jobs in health, information technology and STEM fields. The recommendations would expand the SOL from 1% of total jobs (180,000 workers) which it currently covers, to about 9% of all jobs (around 2.5 million workers).
The SOL is the list of skilled jobs for which local workers are deemed to be in shortage and for which employers may hire non-EEA workers without labor market testing and without being subject to the numerical cap on Tier 2 (General) visas if the category is oversubscribed. Non-EEA workers filling jobs on the SOL also pay lower visa fees and are not required to meet the salary threshold of £35,800 for permanent residency (settlement) after five years.
The MAC makes the following recommendations:
The complete list of recommended SOL jobs is available in the MAC’s full report.
Background: On June 14, 2018, the government commissioned the MAC to undertake a full review of the SOL and issue a report with recommendations by spring 2019. The MAC launched a Call for Evidence on Nov. 9, 2018 and accepted comments for nine weeks, as well as conducting stakeholder events. The committee received approximately 600 responses.
The MAC is an independent group of economists that conducts analysis and makes recommendations to the U.K. government on immigration policy. Its policy recommendations are not binding on the government, but are highly influential and often adopted.
Analysis & Comments: The MAC’s recommended expansion of the Shortage Occupation List would be a welcome development to ease the labor shortages currently felt by U.K. companies. In particular, the MAC found that the jobs most in shortage are programmers and software development professionals, and the shortage of these workers affects not only the digital sector but businesses in sectors across the board.
IMPACT – MEDIUM
What is the change? The United Kingdom has expanded access to eGates to nationals of Australia, Canada, Japan, New Zealand, Singapore, South Korea and the United States.
What does the change mean? Nationals of these seven countries will be able to use automated self-service gates at 15 international airports in the U.K. and two Eurostar terminals in Brussels and Paris. They will also not be required to fill out a landing card when entering the U.K.
Analysis & Comments: Monday’s expansion of access to eGates marks the first time the self-serve terminals will be available to non-EU/EEA nationals. Nationals of Australia, Canada, Japan, New Zealand, Singapore, South Korea and the United States will enjoy easier entry procedures when traveling to the U.K.
Biometric enrollment services are currently suspended for U.K. visa applicants at USCIS Application Support Centers.
Key points:
Analysis & Comment: Little information is available about what caused the suspension, but the statement on VFS Global’s site says said officials are working “to restore service as soon as possible.” Depending on the urgency of travel plans, applicants may wish to complete biometrics enrollment for an additional charge at one of the VFS application centers. Those affected are encouraged to contact their immigration provider to discuss their best options.
What is the Brexit news? The Swiss Federal Council has approved a bilateral Swiss-U.K. agreement that will administer the status of U.K. nationals in Switzerland and Swiss nationals in the U.K.
What does the news mean? The effective date of the agreement depends on the outcome of negotiations between the EU and the U.K.
Key points of the Swiss-U.K. agreement:
Background: While many EU member states are currently establishing unilateral measures to protect U.K. citizens’ rights under a no-deal Brexit, Switzerland must take a bilateral approach to its Brexit planning, as the country’s immigration regime does not fully fall under EU mobility regulations. Switzerland is not part of the EU but is a member of Schengen, a peculiarity which distinguishes Switzerland’s immigration regime from that of its European neighbors.
Switzerland has established various bilateral agreements that support free movement to and from the country. Currently, relations between the U.K. and Switzerland are governed by FMOPA. After Brexit, the U.K. will no longer be an EU member and the agreement will not cover U.K. citizens.
Analysis & Comments: The agreement, if ratified by both countries, will provide some certainty to employers as well as to U.K. and Swiss nationals residing in each other’s country. While some post-Brexit and post-transition procedures remain unclear, it is likely that employees will be able to continue working and residing in their respective host country based on their current status. Employers should ensure that sufficient preparation is afforded to those nationals who will require work and residence permit in a post-Brexit scenario.
The U.K. government has now confirmed that in the event of a “no deal” Brexit:
In the alternative, in the event that the Withdrawal Agreement (“the deal”) is ratified:
It is important to note that in any scenario, Irish nationals will continue to have the right to enter and live in the U.K. under the Common Travel Area arrangements which pre-date the European Union, and will not need to apply under either the EU Settlement Scheme or for European Temporary Leave to Remain. Moreover, the rules for EU nationals will be applied equally to nationals of EEA countries (Norway, Iceland and Liechtenstein) and to Switzerland.
Analysis & Comments: Employers have known for weeks that, whether or not there is a deal, the EU Settlement Scheme will protect EEA nationals living in the U.K. prior to March 30, 2019. However, the position for new assignees arriving in the U.K. post-Brexit has been unclear until now. Employers are only now in a position to conduct thorough no-deal planning that takes into account the position for both current and future employees from the EU, EEA and Switzerland. This latest announcement confirms that new migrants, while allowed entry to the U.K. on the same terms and at no cost, will have to obtain a temporary visa with a fee in order to stay beyond three months. If they are staying more than three years, they would then need to follow with an application under the U.K.’s new single immigration system once it is launched. Employers must therefore factor in increased costs and process requirements for EU, EEA and Swiss nationals in the short term should “no deal” prevail, and amend recruitment strategies accordingly.
In the event of no deal, employers will for the first time have two sets of Europeans in their workforce: those with residency rights (which may or may not be registered under EU Settlement Scheme) and those with temporary permission to live and work in the U.K., the ETLR permit holders. However, the fact that right-to-work checks will continue to be based on passports, ID cards, and biometric residence cards alone means that employers should not have to adapt right-to-work checks at short notice.
What is the change? The U.K. government has announced plans to scrap all fees for EU nationals and their family members applying to register their residence in the U.K. under the EU Settlement Scheme. Registration under the scheme will now be free.
As a reminder, under the EU Settlement Scheme:
Analysis & Comments: Today’s announcement that the government will scrap fees for registration under the EU Settlement Scheme—£65 for adults and £32.50 for children—should be welcomed by employers and employees. Employers looking to support employees with EU Settlement Scheme applications should be ready for further questions about the scheme, especially regarding payments and refunds, and to amend any Brexit communications in light of this change once it is formally incorporated into the immigration rules.
What is the news? Starting Monday, the United Kingdom’s EU Settlement Scheme will open to the public for an expanded test phase for EU nationals in the U.K. to secure their residency rights.
Background: The U.K.’s EU Settlement Scheme was put into the U.K. immigration rules in August 2018, and has since been undergoing trials, initially with select universities and National Health Service trusts in northwest England, and then more widely in the NHS, with a full launch not expected until March 30. To date, 15,500 applications have been made, with 12,400 registrations completed, suggesting that the scheme is effective in delivering its aims (although a full report later this month should provide more details).
Analysis & Comments: This announcement means that the EU Settlement Scheme will be available to EU nationals in the U.K. sooner than many employers and employees expected. While registrations are voluntary, this announcement may encourage a surge of applications. In light of this updated timetable, employers looking to support employees with applications should be prepared to address further questions about the scheme in their Brexit communications and events for their employees.
What is the change? The immigration health surcharge required of non-EEA nationals is set to double from £200 to £400 per year (£150 to £300 per year for students and Youth Mobility Scheme applicants).
What does the change mean? Employers, non-EEA nationals and their family members intending to stay in the U.K. for longer than six months should budget for the sharp increase. The surcharge must be paid up front and in full for each individual and for the full term of the visa at the time of application.
Background: The immigration health surcharge, which was introduced in April 2015, requires non-EEA nationals to contribute to their use of the National Health Service while in the U.K. The surcharge was expanded to include Australia and New Zealand in April 2016 and to the Tier 2 (Intra-Company Transfers) subcategory in April 2017.
A government review found that doubling the surcharge could generate an additional £220 million per year for the NHS, and in early 2018 the government announced plans to implement the increase by the end of the year.
Analysis & Comments: The immigration health surcharge is a significant upfront cost for companies recruiting non-EEA workers and its doubling will be felt by business. Companies should budget for the additional costs associated with hiring and retaining foreign workers.
The United Kingdom has reached agreements on Brexit and citizens’ rights with Iceland, Liechtenstein and Norway (the ‘EEA EFTA states’), and, separately, with Switzerland.
The four countries are all part of Europe’s single market, but are not full members of the European Union and are therefore not covered by the EU Withdrawal Agreement and the U.K.’s EU Settlement Scheme. The U.K. now has three agreements on the table – the primary withdrawal agreement with the EU (which is awaiting a critical vote the week of Jan. 14), one with the EEA EFTA states, and one with Switzerland. The agreements largely offer the same levels of security on citizens’ rights.
Key Points:
Analysis & Comments: The agreements are welcome news for some 50,000 U.K. citizens living and working in Iceland, Norway, Liechtenstein and Switzerland, and roughly 30,000 EEA-EFTA and Swiss citizens in the U.K., as well as their employers. More will be known in the coming weeks about the consequences of “no deal” on the future of mobility between the U.K. and these countries.