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IMPACT – MEDIUM
What is the change? The United Kingdom has announced that it will introduce two-year multiple entry visas to Chinese visitors beginning next week.
What does the change mean? The change is part of a reciprocal visa arrangement with China, which has said that it will issue two-year multiple-entry visas to U.K. nationals as well. The visas will make it easier for U.K. and Chinese business travelers to visit each other’s countries without having to renew their visas every six months, as is currently required.
Background: The two countries agreed to the new visa arrangement in October, during President Xi Jinping’s visit to the U.K. The U.K. Home Office announced this week that it would begin issuing the two-year visas to Chinese travelers beginning Monday. The visas will cost £85, the same amount as the current six-month visas. China has agreed to reciprocate, and will provide two-year multiple-entry visas to U.K. nationals for the equivalent of £85. Chinese Foreign Minister Wang Yi said in a Jan. 5 statement posted on the Chinese Embassy’s website that China is “willing to issue two-year multiple-entry visas to UK’s citizens,” but did not provide an implementation date.
BAL Analysis: The longer-validity visas will make travel more convenient for frequent business travelers in the U.K. and China.
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.
IMPACT – LOW
What is the change? The Department of Health released a consultation on ways to recoup £500 million per year by expanding the charging of foreign visitors and migrants for health care services in the U.K.
What does the change mean? The department is seeking comments on the proposals until March 7, 2016 from employers and other interested parties. The current proposals would affect foreign visitors and non-EEA nationals as well as EEA or Swiss nationals residing in England.
Background: The current Immigration Health Surcharge regime, which applies to many foreign workers (but not to EEA nationals working in the UK, or to intra-company transferees on assignment), may be viewed here.
The intention of the proposed changes is to tackle perceived abuse of the U.K.’s National Health Services from within the European Union and to shore up the European Health Insurance Card system to allow costs to be recovered from European member states. The consultation proposes to both expand charges for health services and recoup costs from the home country of EEA nationals with permanent resident status in the U.K. who currently receive free healthcare alongside British residents. The proposal would redefine “ordinary resident” for purposes of receiving free health care to exclude EEA nationals whose home country is responsible for their healthcare costs. It also seeks to prevent “health tourism” by other measures.
Key proposals include:
The full contents of the Department of Health’s consultation and soliciting of public comments may be read here.
BAL Analysis: Employers and other stakeholders interested in participating in the consultation or submitting comments may respond directly to the questionnaire contained in the consultation or contact their BAL professional.
What is the change? The Home Office has revised the rules for Tier 2 skilled workers applying for settlement in the U.K. (also known as “indefinite leave to remain” or permanent residence), including introduction of a new minimum salary threshold and a redefinition of the qualifying period of residence and ongoing employment.
What does the change mean? The new minimum annual salary for Tier 2 skilled workers applying for settlement on or after April 6, 2016 will be £35,000. This minimum will increase annually over the next five years to ensure that settlement is only available for higher earners. However, exemptions are available for certain Ph.D. level occupations, shortage occupations, certificates of sponsorship assigned before April 6, 2011, and applicants in previously listed shortage occupations under certain circumstances who are considered valuable to the U.K. despite potentially lower salaries.
The new rules also clarify the definition of the required five years of continuous lawful presence for Tier 2 migrants before applying for settlement. In addition, the new rules require that the employer who issued the certificate of sponsorship must still hold a Tier 2 sponsor license and certify the migrant’s future employment and salary.
Background: The concept of applying minimum salary thresholds to all Tier 2 settlement applicants was approved in 2012 and will be brought into force for all applications filed on or after the following dates:
April 6, 2016 – £35,000
April 6, 2018 – £35,500
April 6, 2019 – £35,800
April 6, 2020 – £36,200
Please note that the base annual salaries do not include allowances outside of the guaranteed salary package or other benefits or incentives.
BAL Analysis: Businesses should assess any current Tier 2 workers who are due to apply for settlement after April (due to accrual of five years of residence in the U.K.) and ensure that the upcoming minimum salary requirement can be met. Applications that do not meet the salary requirements will be rejected.
IMPACT – HIGH
What is the change? Employers sponsoring foreign workers have been targeted by fraudulent callers pretending to be U.K. Visas and Immigration officials and asking for their user details to access the Sponsor Management System (SMS).
What does the change mean? U.K. sponsors should be extra vigilant in protecting their SMS user details and be aware that the UKVI will never ask sponsors to divulge their user name or password under any circumstances. Sponsors who reveal their user details or agree to exchange money for certificates of sponsorships will be in breach of their sponsor duties and may be subject to compliance action, including revocation of their sponsor license.
Background: In recent days, several sponsors have reported receiving phone calls from individuals claiming to be from UKVI and asking for the sponsor’s username and password. In one case, the sponsor was told that its account was locked and needed to be reset; in another, the caller asked the sponsor to change its login details and provide them to the caller for which they would be paid £2000 for each certification of sponsorship assigned.
BAL Analysis: Employers should make sure staff are warned about the scams and are reminded that UKVI does not ask sponsors for their user details under any circumstances.
What is the change? Under a legislative change taking effect Nov. 12, nationals of European Economic Area member states applying for British citizenship must include documentary proof of permanent residency in the U.K.
What does the change mean? Before applying for citizenship, EEA nationals must obtain one of the following: a permanent resident card, a document certifying permanent residence, or a residence document or residence permit indicating indefinite leave to remain in the U.K.
Background: EEA nationals are automatically granted permanent residency status after five years of qualifying residency in the U.K. and are eligible to apply for British citizenship after an additional year of permanent residency.
Under a legislative change beginning Nov. 12, EEA nationals will have to obtain a document certifying their permanent resident status before they can apply for citizenship. Previously, documentary evidence of permanent residency was not required.
BAL Analysis: To avoid delays in applying for British citizenship in light of the new requirement, EEA nationals should apply as soon as possible for a permanent resident card or other document certifying permanent resident status and allow up to six months to obtain the document.
What is the change? Beginning next month, U.K. citizens will be able to apply for the U.S. Global Entry program that allows pre-approved travelers to move through U.S. airports faster and receive expedited pre-screening.
What does the change mean? U.K. citizens who wish to become members must apply to the U.K. Home Office for an access code to be used in applying for the Global Entry program online through U.S. Customs and Border Protection. They would also be required to attend an interview with a CBP officer.
Background: To register, U.K. citizens will apply online with the U.K. Home Office and, if approved, will receive an access code to enter on the application form when enrolling in the CBP’s Global Online Enrollment System. Applicants must first pay a U.K. government fee of £42 (about US$65) and then a U.S. government application fee of $100 for a five-year membership. The applicant must also appear for an interview with a CBP officer, who will determine whether the applicant is eligible.
The extension of the Global Entry program to U.K. citizens follows the U.K.’s launch of the Registered Traveller program for select nationals, including U.S. citizens, last year.
BAL Analysis: U.K. citizens pre-approved for the Global Entry program can benefit from streamlined entry procedures at 46 U.S. airports and may qualify for pre-clearance by CBP when exiting designated international airports.
What is the change? The Migration Advisory Committee (MAC) has recommended an overhaul of the United Kingdom’s Tier 1 (Entrepreneur) visa program in order to “improve the quality of entrepreneurs and maximise the economic benefit to the country.”
What does the change mean? The committee suggested that business leaders play a role in helping select the entrepreneurs who are admitted to the U.K. under the Tier 1 (Entrepreneur) program. It also recommended increased monitoring and suggested that the government introduce a separate visa route for “talented entrepreneurs” looking to establish start-up businesses in the U.K.
Background: The MAC, an independent body made up of senior economists and researchers, is reviewing the U.K.’s immigration routes with a view toward restricting the number of migrants coming to the country.
In issuing its report last week on the Tier 1 (Entrepreneur) and Tier 1 (Graduate Entrepreneur) routes, the committee suggested that the Tier 1 (Entrepreneur) route is being used by some migrants as a low-cost alternative to the Tier 1 (Investor) route and that it often results in the establishment of “low quality businesses.” The committee suggested making the route more selective by using industry experts to select applicants and to establish routine monitoring of successful applicants. It also suggested establishing a route specifically for highly qualified migrants looking to establish start-up businesses.
The committee was less critical of the Tier 1 (Graduate Entrepreneur) route, which it says works well and should be expanded.
BAL Analysis: While Prime Minister David Cameron has said he wants to reduce the number of skilled workers coming to the U.K., government officials have also made it clear they want to make sure the U.K. is a destination for entrepreneurs and investors. The changes recommended by the committee are aimed at making the Tier 1 (Entrepreneur) program more selective and, if adopted, could make coming to the U.K. via this route more challenging.
What is the change? The U.K. has announced it will introduce two-year multiple entry visas to Chinese visitors in January, and move forward with 10-year multiple-entry visas.
What does the change mean? The visas will make it easier for business travelers to make frequent trips to the U.K. without having to renew every six months, as is currently the case.
Background: The U.K. government announced the following package of reforms for Chinese visitors:
The U.K. is competing with other European countries for Chinese visitor traffic and the government noted that the new visas are more attractive than standard Schengen visitor visas which are limited to a maximum of 90 days. The changes provide Chinese visitors “the best offer in Europe,” according to a statement by Prime Minister David Cameron.
Chinese tourists currently contribute £500 million annually to the U.K. economy.
BAL Analysis: The longer-validity visas and other reforms will make travel more convenient for frequent business travelers from China to the U.K.
What is the change? The U.K. government has added four digital technology occupations to its Shortage Occupation List, thus allowing non-EU professionals to fill them without employers having to test the resident labor market by advertising the positions.
What does the change mean? Employers in the IT sector may apply for Tier 2 restricted certificates of sponsorship (RCoSs) for specific jobs designated under four IT-related occupation codes without first advertising the role and proving that no suitable resident workers have applied. Please see below for specific jobs.
Background: The additions were announced today in changes to the Immigration Rules. Only the following jobs listed under the four designated occupation categories have been added to the Shortage Occupation List:
IT specialist managers
IT business analysts, architects and system designers
Programmers and software development professionals
IT and communications professionals not elsewhere classified
BAL Analysis: The addition of several jobs in the tech industry is positive news that gives employers greater flexibility in recruiting talent from abroad in the specified jobs.
What is the change? The Tier 1 scheme for exceptional tech talent will consider a broader range of applicants, including individuals showing “exceptional promise” rather than those with already established careers. The new visa scheme will also provide scale-up help to fast-growing tech companies and fast-track applications for the North of England and allow teams of tech workers to apply together for the visas.
What does the change mean? The broadening of eligibility criteria should attract more applicants to the digital technology sector, as the Tier 1 (Exceptional Tech Talent) category has been woefully undersubscribed due to very stringent standards.
Background: The U.K. government has designated five bodies to review applications for Tier 1 Exceptional Talent Visas. The application process for the Tech Nation visa scheme will go live Nov. 12.
BAL Analysis: The added flexibility could benefit tech startups by allowing them to apply for Tier 1 visas for those with prospective talent and assisting them in growing rapidly.