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IMPACT – MEDIUM
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.
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 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.
The following is a roundup of recent developments concerning Brexit negotiations and the United Kingdom’s withdrawal from the European Union.
Political
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
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.
Read the full report 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.
Business
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.
Things to Know
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.
Preparing Your Business
BAL can assist businesses with the following services to prepare for a formal Brexit:
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? 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.
Legal
What is the change? New rules took effect Tuesday with respect to employers’ obligations and liabilities in checking employees’ right to work legally in the U.K.
What does the change mean? The rules now make it a criminal offense for an employer to hire an illegal worker and “knows or has reasonable cause to believe” that the individual lacks permission to work. This is an extension of the offense of “knowingly” employing such a person. Employers will no longer be protected from criminal sanctions even if they did not explicitly “know” that an individual was working illegally. The maximum sentence for the offense has also increased to five years. The Home Office has released an updated guidance for employers containing important information on how to properly conduct right-to-work checks.
Background: The new rules were passed under the Immigration Act 2016 and took effect July 12.
In addition to expanding the employer offense of hiring an illegal worker, the Act creates an offense for individuals who perform any type of work without the proper work authorization.
BAL Analysis: Employers in the U.K. should be aware of the new stricter rules on illegal working offenses and review their right-to-work policies and practices to ensure that they are in full compliance. Employers may wish to contact their BAL professional with questions.
What is the change? A streamlined visa application called “Access UK” has launched for individuals applying in the United States for U.K. visitor visas.
What does the change mean? The system has several improvements, including a more concise form, online payment, online biometric appointment booking, translations into more languages, mobile-device compatibility, and integration with priority and super-priority services.
Background: After a successful introduction in China and India, Access UK is being introduced in additional countries, including the U.S. The system has also recently been introduced to applicants in the Philippines, South Africa, Thailand and Turkey, and to visitors in the U.K. who want to extend their visas. It is expected to be available worldwide by the end of the summer.
Visitor visa applicants may use Access UK to fill out the application form, book a biometrics appointment and pay the government processing fees using standard service, priority or super-priority visa service where available. The application forms are available in several languages, including Arabic, Chinese, Russian, Thai, Turkish, Urdu and more to be added, although the form must be filled out in English.
BAL Analysis: The new online system will simplify the application process for visitors, including business travelers, allowing them to complete all necessary steps through a single portal rather than having to navigate multiple websites.
BAL Analysis: While the change in leadership has been accelerated, Brexit procedures have not yet formally begun. There has been no immediate change to the immigration status of EU workers in the U.K. or to British workers in the EU. BAL will continue to update clients on significant developments as Brexit negotiations proceed.