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IMPACT – MEDIUM
What is the change? The U.K. government has clarified the police registration requirement for certain nationalities, where the requirement has not been endorsed on visas.
What does the change mean? The police registration condition no longer appears on biometric resident permits, but rather on 30-day entry clearance vignettes that are issued to allow entry into the U.K. Those requiring police registration must bring the vignette and a copy of the letter approving their leave to remain in the U.K. to show the police when registering. The U.K. government has clarified that those who have already traveled to the U.K. with a vignette with an incorrect endorsement must apply to have it amended.
Background: Police registration is required for migrants from a number of countries who plan on coming to the U.K. for more than six months, who extend their current leave or who obtain a different type of visa. Some exemptions exist, including for family members of EEA nationals. For those for whom it is required, registration must be completed within seven days of arriving in the U.K. Migrants must bring their vignette and a copy of the letter approving their leave to remain when registering. It is advised that the vignette be amended before travel where possible due to the requirement to register with the police within seven days of arrival.
BAL Analysis: Employers should take note of the requirement and work with BAL to ensure that affected employees register with the police within seven days of arriving in the U.K. BAL is available to review visas before travel and to provide assistance if visas have not been properly endorsed. This alert has been provided by the BAL Global Practice group in the United Kingdom. For additional information, please contact uk@bal.com.
Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
What is the change? The United Kingdom will soon launch a passport return service that will allow EEA and Swiss nationals to travel abroad while permanent residence and residence card applications are pending.
What does the change mean? Beginning Oct. 1, EEA and Swiss nationals will be able to submit EEA(PR) or EEA(QP) (residence card) applications online and make appointments with participating local authorities. The local authorities will send photocopies of applicants’ passports to the Home Office and then return the passports to the applicants, allowing them to travel while their applications are pending.
Background: The passport return service will be provided by local authorities in England and Wales. Applicants will be able to submit their EEA(PR) or EEA(QP) forms online and then make an appointment with the appropriate local authority within five days. That authority, in turn, will copy the applicant’s EEA or Swiss passport before sending a copy of the passport, checklist and application to the Home Office for processing. Local authorities will have no bearing on the success of residence applications, nor will they be available to provide advice on how to complete applications.
BAL Analysis: The primary benefit of the new program is that affected EEA and Swiss nationals will be able to travel while their permanent residence or residence card applications are pending. Contact BAL for help in preparing your residence application or gathering the appropriate supporting documentation.
This alert has been provided by the BAL Global Practice group in the United Kingdom. For additional information, please contact uk@bal.com.
The following is a roundup of recent developments concerning Brexit negotiations and the United Kingdom’s withdrawal from the European Union.
Political
Timing of Brexit trigger still undecided
The timing of the U.K. government’s triggering of Article 50 exit procedures remains unclear. British Prime Minister Theresa May is expected to trigger exit procedures early next year, but the Brexit cabinet ministers may need until autumn 2017 to prepare for negotiations, according to The Sunday Times. The U.K. may also wait until after French and German elections next year before triggering Article 50.
Norway on UK’s EFTA membership
The U.K.’s option to join the European Free Trade Association as an alternative to EU membership could be vetoed by Norway, the largest economy of the four-nation bloc, which may not wish to be overshadowed by the larger U.K. economy, according to comments made by Norway’s minister for European affairs.
Immigration
Rush to file would strain resources
If the roughly 3.5 million European nationals in the U.K. rush to file for permanent residency following the U.K.’s exit, the strain on resources would be significant – equivalent to 140 years of applications in one year, according to a report this month by Oxford University’s Migration Observatory. More than 500,000 EEA nationals living in the U.K. who arrived by early 2016 will not have the requisite five years of presence to qualify for permanent residency if the U.K. completes exit procedures in two years.
Read the full report here.
Business
Post-Brexit economic data due out
This week, the U.K.’s Office of National Statistics will release July economic data, which should provide hard numbers on the effect of the June 23 Brexit vote, including figures on unemployment, inflation, retail sales and the budget. The first of these figures released Tuesday indicates that inflation rose from June and is at its highest since November 2014.
London’s future
Some economists are predicting that Brexit may hit London the hardest economically because of its reliance on banking and financial services in the EU. London Mayor Sadiq Khan has said he is confident that the city will remain part of the single market, but warned that other European capitals are already seeking to woo businesses away.
Things to Know
Employers less optimistic about hiring
A survey released Monday finds that employers have grown less optimistic about expanding their workforces since the Brexit vote. Before the vote, 40 percent of employers intended to hire in the next three months; after the vote, the number dropped to 36 percent. Thirty-three percent of employers anticipate that the Brexit will increase business costs and 21 percent expect to reduce investment in skills development and training as a result of the Brexit.
Read the press release by the Chartered Institute of Personnel and Development here.
Preparing Your Business
Under the uncertainty of Brexit, many businesses with EU/EEA employees and assignees living in the U.K. will be thinking about how to ensure their continued work and residence rights in the U.K. Planning is key to a smooth transition with the least amount of business disruption. BAL can assist with the following:
Should you have any questions or require more information on how BAL can help with recording and tracking your employees’ eligibility for permanent residence, please contact us at uk@bal.com.
The Brexit Bulletin has been provided by the BAL Global Practice group in the United Kingdom. For additional information, please contact uk@bal.com
What is the change? The U.K. has expanded its 24-hour Super Priority visa service to applicants in Nigeria.
What does the change mean? Visa applicants traveling on urgent and short notice now have an option to obtain a visa within 24 hours.
Background: The British High Commission in Abuja announced the new Super Priority visa service Aug. 9. British High Commissioner Paul Arkwright said he expects the service to be “particularly useful” for business travelers. “We understand that business opportunities and urgent requirements can arise at very short notice,” Arkwright said. “We recognise this and want to facilitate such travel to the U.K. with this new super-fast service.” Additional information on the program is available on this government website.
BAL Analysis: The availability of 24-hour service adds an option for those seeking urgent travel from Nigeria. Other options include five-day priority service and 15-day service standard processing. Applicants should note that choosing expedited processing does not guarantee a positive decision in the visa application process.
What is the change? The High Commission of India in the United Kingdom has announced that biometric enrollment will soon become mandatory for applicants in seven visa categories, including employment visas.
What does the change mean? Beginning Aug. 19, visa applicants will be required to appear in person and submit biometrics (a facial image and fingerprints) when applying for employment, journalist, research, student, visit (applicable only to Pakistani nationals), project or missionary visas. The change will take effect at all 14 Indian Visa Application Centres in the U.K.
Background: Biometrics will be taken when visa applications are submitted at any of the 14 Indian Visa Application Centres. Applicants must appear in person to submit biometrics. Exceptions to the biometrics requirements will be made for applicants under 12 or over 70 years old.
BAL Analysis: The introduction of mandatory biometrics enrollment adds a step to the visa application process for those applying for Indian visas in the U.K. Contact your BAL professional if you have questions about the program.
EU negotiator appointed
The European Commission has appointed Michel Barnier, a former French foreign minister and EU commissioner, as the chief EU negotiator to engage in Brexit negotiations with the U.K.
‘Best possible deal’
British Prime Minister Theresa May continued her European tour, ending with visits to Slovakia and Poland, where she said that the U.K. would seek the best possible deal with the EU on free movement of goods and services while addressing British voters’ desire to limit free movement of people.
Immigration surge?
Uncertainty about EU-U.K. migration and the status of EU nationals working and living in the U.K. could cause a surge in migration in anticipation of stricter migration rules, according to a report by the U.K. Home Affairs Select Committee. The committee said EU nationals in the U.K. “must be told where they stand” in terms of the Brexit and “should not be used as bargaining chips.” In order to avoid an immigration surge, the committee recommends that the Home Office set a cutoff date – either the date of the vote, the date exit procedures are triggered or the actual exit date – and allow EU nationals who were already settled in the U.K. as of the cutoff date to become permanent residents.
Read the committee’s conclusions and recommendations here.
May on EU migrants in the U.K.
During her stop in Poland, May reiterated her position that Polish and other EU nationals currently living and working in the U.K. would be allowed to stay only if U.K. citizens living in the EU were assured their rights to remain.
Economic stimulus
The Bank of England slashed its interest rate Thursday to the lowest rate ever and will push a stimulus plan amid concerns over consumer confidence and slumping economic indicators since the Brexit vote.
Russians more bullish on Brexit than Britons
Fifty-four percent of Russians think Brexit was the right decision for Britain, compared with only 39 percent of Britons, according to a poll published Thursday surveying 16 countries. Among the findings: more than half of Poles, Spanish and Swedes think Brexit will be bad for their respective countries; Italians are the mostly likely to boycott British goods and avoid holidays in the U.K.; Swedes are the saddest to see the U.K. leave, while the French are the least sad to say au revoir to the U.K. and the most likely to think the U.K. should be offered an unfavorable exit deal.
Read the full poll results here.
BAL can assist businesses with the following services to prepare for a formal Brexit:
What is the change? On Monday, the British consulates in the U.S. will introduce a pilot program to significantly streamline the U.K. visa application process for visitors and points-based applicants, such as skilled workers, intracompany transfers, students and investors.
What does the change mean? Visitor and points-based visa applicants applying in the U.S. at a British consulate or through a Premium Application Centre will generally only need to submit their passport, first page of their application and priority receipt. Supporting documents will not need to be submitted in most cases.
Background: The consulates are seeking ways to make the process more efficient ahead of the peak season. Under the pilot program, visitor visa applicants only need to submit the passport, front page of the online application form and priority receipt. They will not need to submit supporting documents, except for an applicant’s criminal convictions or a child’s birth certificate and parental permission.
Visa applicants under all points-based categories, such as Tier 2 skilled workers or intracompany transfers, should submit only the passport, first page of the online application form, and priority receipt (and Academic Technology Approval Scheme certificates where required for Tier 4 students). Some foreign nationals may need to include proof of English skills and sufficient funds. Degree certificates, NARIC letters and criminal convictions may be submitted. Family dependents should submit copies of marriage and birth certificates as supporting documents.
BAL Analysis: The trial program is a welcome initiative that should greatly reduce duplicate filings and administrative headaches for employer sponsors and individuals, especially as the busy season approaches.
The United States Embassy in London is opening an enrollment center for a 60-day period for U.K. citizens applying for the Global Entry program. The trusted traveler program allows preapproved, low-risk travelers to avoid long immigration queues at participating airports and use automated kiosks instead. Global Entry interviews are normally only available at enrollment centers that are primarily located at U.S. airports.
Key dates and details:
Background: The U.K. was added to the Global Entry program in December. Members benefit from expedited clearance at 49 U.S. airports. The U.K. Home Office application fee is £42, and the U.S. government fee is $100 for a five-year membership.
Under a reciprocal agreement, U.S. citizens who are frequent travelers to the U.K. are eligible to apply for the U.K.’s Registered Traveller program, which allows members to use automated gates in the U.K. The U.K. government application fee is £70 with an additional £50 per year thereafter.
BAL Analysis: During the temporary enrollment period, London will be a convenient location for U.K. applicants. Individuals wishing to attend their interview in London are encouraged to schedule their appointments as soon as possible for the popular program.
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