IMPACT – MEDIUM

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.

• Implementation time frame: Nov. 12.
• Visas/permits affected: Tier 1 (Exceptional Tech Talent) Visas.
• Who is affected: Tech start-ups recruiting non-EU workers under the Tier 1 category.
• Business impact: The changes are intended to spur technological innovation and draw world-class talent to the British digital sector.

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.

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 – MEDIUM

What is the change? Beginning in February, the U.K. will require all landlords in England to check immigration documents of prospective tenants.

What does the change mean? The mandatory right-to-rent rules may complicate relocation schedules for foreign assignees, as it is unclear whether they will be able to rent before arriving and obtaining their biometric resident permit.  

• Implementation time frame: February 2016.
• Visas/permits affected: All visas.
• Who is affected: Foreign nationals seeking rental accommodations in England.
• Business impact: The checks will add red tape to relocation schedules, and foreign employees could be denied rental accommodations if their immigration status is unclear to the property owner.

Background: The right-to-rent checks were introduced in the 2014 Immigration Act and the program was piloted in West Midlands. The rules have been criticized as putting a new burden on landlords who are not familiar with immigration regulations and as potentially discriminatory against those who appear foreign.

BAL Analysis: Employers and relocation companies should consider the right-to-rent requirements when arranging schedules for foreign employees and assignees newly relocating to England.

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 U.K. is planning to offer special visa services to applicants in Qatar, Saudi Arabia and the United Arab Emirates, including house calls to collect biometrics at an individual’s home or business.

What does the change mean? As an add-on service, the mobile biometrics option will allow individual applicants or group applicants to pay an additional government fee for catered visa services and thus avoid making a trip to a Visa Application Centre.

• Implementation time frame: The program is expected to be introduced in the three countries by the end of the year.
• Visas/permits affected: Biometrics appointments.
• Who is affected: U.K. visa applicants in Qatar, Saudi Arabia and the UAE.  
• Impact on processing times: The service will significantly streamline the application process.
• Business impact: The service will be a convenient alternative to attending an appointment at a Visa Application Centre.
• Next steps: BAL will report additional details of the program as they become available next month.

Background: The proposed Mobile Biometrics service will be offered to individual visa applicants and to groups of applicants such as students and tour groups. For individuals, the service will allow them to give their biometrics at their home or office. Groups who opt for the service will be able to set up a location to give their biometrics at the same time. The additional government fee for the service has not yet been set.

BAL Analysis: The U.K. is adding more options to its suite of specialized premium services for visa applicants in select locations. While the services can be pricey, they have proven very popular for employers and individuals seeking streamlined services, convenience or urgency 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.

IMPACT – MEDIUM

What is the change? U.K. Visas and Immigration has confirmed details of a new Business Select program for companies in the United Arab Emirates who invest in the U.K. and frequently send staff on business visits to the U.K.

What does the change mean? Companies approved as Business Select members will receive faster and simpler processing of business visas with fewer document requirements, as well as dedicated customer service and other special benefits.

• Implementation time frame: Immediate.
• Visas/permits affected: Business visas.
• Who is affected: Companies in the UAE that meet certain criteria regarding size, operations and frequency of business travel to the U.K., among other criteria.
• Impact on processing times: Companies approved for the program will benefit from streamlined service.
• Business impact: Approved companies can reduce the paperwork required for visa applications, contact U.K. Visa and Immigration directly with queries, and nominate a representative to collect passports and visas for the applicants.
• Next steps: Please contact your BAL team for eligibility requirements and application procedures.

Background: Eligible companies may fill out an application form and will be notified within two weeks if they are accepted into the program. There is no cost to apply or become a member. To be eligible, a company must:

• Be a registered company operating in the UAE for at least 18 months.
• Have more than 40 full-time employees in the UAE.
• Have sent at least 10 business visitors to the U.K. in the past 12 months.
• Not have sponsored a visa applicant in the past who failed to comply with visa terms.
• Agree to all terms of membership in the Business Select program.

Additionally, the company must be one of the following:

• A multinational company with offices outside the UAE.
• A member of the British Business Group (and obtain a UK Trade and Investment endorsement).
• Directly recommended to the Business Select program by U.K. Trade and Investment.

Companies that are members of the Business Select program will be able to apply for visas by filing only a visa application form and an employment or invitation letter. A U.K. Embassy staff member will be assigned and will provide updates on the application process and be available by phone or email.

BAL Analysis: The program will provide faster processing and more personalized service for larger companies that send employees to the U.K. on a regular basis. It is expected to be offered in other countries in the future.

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 – MEDIUM

What is the change? The U.K. has expanded its Registered Traveller program to additional airports and Eurostar terminals. The service provides fast entry clearance to qualifying nationals of Australia, Canada, Japan, New Zealand and the U.S.

What does the change mean? In addition to Heathrow and Gatwick Airports, the fast-lane service is now available at Edinburgh, Glasgow, London City, Luton, Manchester and Stansted Airports, and at Brussels, Lille and Paris Eurostar terminals.

• Implementation time frame: The Registered Traveller service launched in December 2014 at Heathrow and Gatwick and was expanded in August of this year.
• Who is affected: The service is available to nationals of Australia, Canada, Japan, New Zealand and the U.S. who have either visited the U.K. at least four times in the previous 52 weeks or have a valid qualifying visa.
• Impact on processing times: Registered Travellers can avoid queues and do not have to fill out a landing card. Those with biometric passports can use automated e-passport gates.
• Business impact: The program saves time and headaches at entry borders for frequent travelers to the U.K.
• Next steps: Interested applicants may apply online with their passport and credit card at the Gov.UK website.

Background: Applicants must be at least 18 years old and have visited the U.K. four times in the past year as a visitor or have a visa (not including a Tier 5 Concession [creative and sporting] visa, an EEA family permit, discretionary leave or leave outside the rules).

The government fee is £70 to apply for one year of the service. Applications are decided within 10 business days.

BAL Analysis: The Registered Traveller program is a convenient option, especially for frequent travelers, and its expansion to more airports should reduce queues at airports overall by diverting low-risk travelers to automated entry clearance gates.

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 – HIGH

What is the change? Addressing criticism of nurse shortages endangering patient safety, the government has temporarily added nurses to its shortage occupation list, allowing non-EEA nurses to apply and be given priority access to the quota each month.

What does the change mean? Given the backlog of nurses who have been rejected for visas in recent months, the measure will lead to an influx of Tier 2 applications for nurses who will be given quota places before other occupations. This is likely to put pressure on Tier 2 quotas the next few months, meaning that only higher salary positions are likely to be approved for Tier 2 restricted certificates of sponsorship.

• Implementation time frame: Immediate.
• Visas/permits affected: Tier 2 Restricted Certificates of Sponsorship (RCoS).
• Who is affected: Employers applying for Tier 2 RCoS’s, i.e. new non-EEA employees earning salaries of less than £155,300.
• Impact on processing times: While this will not directly affect processing times, if quotas are exhausted employers whose applications are rejected will have to wait until the following month to reapply.
• Business impact: Pressure on Tier 2 quotas impacts business schedules and budgets. Employers may have to delay work start dates for rejected RCoS’s or consider higher salary offers to make their applications more competitive within the quota.
• Next steps: Companies should work with their BAL team to weigh the best options in individual cases.

Background: The oversubscription of quotas in the past four months has disproportionately affected nurses with entry level salaries, with hundreds rejected in June alone.

The addition of nurses to the shortage occupation list is a temporary measure that will be reviewed by the Migration Advisory Committee, which is currently working on recommendations to the government on Tier 2 reforms.

BAL Analysis: Tier 2 RCoS quotas continue to be vulnerable to oversubscription. The new measure is positive news for nurses, but is likely to have an adverse effect on other applicants applying for quota spots in coming months.

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.

In a letter to the Migration Advisory Committee (MAC) last week, Berry Appleman & Leiden LLP (BAL) and the Global Immigration Benchmarking Association (IBA) submitted comments and recommendations detailing how the U.K. government’s proposed restrictions on Tier 2 skilled migration routes would impact economic growth and job creation in the U.K.

The comments were submitted in response to the MAC’s call for evidence from business organizations and other stakeholders. The U.K. government has asked the MAC to gather evidence and report its recommendations on changes to the Tier 2 (General) and Tier 2 (Intra-company Transfer) routes by the end of the year.

The IBA, an association of in-house professionals advocating pro-growth global immigration policies, consulted with a number of companies regarding the MAC’s call for evidence. BAL, a global corporate immigration law firm that represents the leading companies in almost every industry, leveraged its extensive experience in government advocacy to support IBA’s submission.

The comments submitted by IBA are summarized as follows:

• Eliminating the right to work of spouses of Tier 2 workers would deter high-skilled migrants from accepting jobs in the U.K.

A spouse’s ability to seek employment is a critical factor in a high-skilled migrant’s decision to bring his or her talent to the U.K. as it has a profound impact on a migrant’s ability to integrate and assimilate into a new community. The government’s proposal to eliminate this benefit would make the U.K. a less attractive destination compared to other countries, which are trending in the opposite direction by affording spouses the right to work.

• Restricting the Tier 2 route would harm the U.K. economy.

Reducing the number of migrants to the tens of thousands would cause the country’s GDP to decline by 11 percent and require an offsetting increase in the labor income tax rate, according to a recent report. Technology allows multinational companies to move or shift operations to access the best talent. If Tier 2 routes were restricted, companies operating in the U.K. would likely consider relocating, causing heavy losses to the U.K.’s economy.

Further, the current cap of 20,700 on Tier 2 (General) visas is unlikely to satisfy the growing demand for high-skilled labor. Because the monthly quotas have been reached in recent months, the government should take this opportunity to increase the annual cap or allow for the ceiling to adjust based on market demand.

• Tightening of the Tier 2 (Intra-company Transfer) route would inhibit job creation and investment in the U.K.

The Tier 2 (Intra-company Transfer) route allows U.K. companies to transfer skills and knowledge among its employees, promote career progression and maintain connectivity throughout the business. New restrictions or per-company caps on ICTs would hit start-up companies especially hard by stifling their ability to grow and transfer employees to the U.K.

A record number of start-ups were created in the U.K. in 2014 and even more (600,000) are expected in 2015. Start-ups and rapidly growing companies rely on ICTs to bring knowledge of company systems to train new U.K. employees. Placing a cap on ICTs or otherwise tightening the ICT route would deter companies from forming and creating jobs in the U.K.

• The Resident Labour Market Test and Shortage Occupations List should be modernized.

The Resident Labour Market Test (RLMT) should be modernized to reflect today’s recruitment environment, including use of online, industry-specific job ads, to ensure that job openings are broadly transmitted. Employers should be allowed to submit their recruitment practices for pre-approval and, once approved, they should not need to undergo a secondary RLMT.

The government should allow employers to recruit the best candidate for the job – rather than merely a “suitable” candidate – regardless of nationality. Imposing a recruiting and hiring standard that does not match real-world practices will deter companies from operating in the U.K.

The Shortage Occupations List should be updated more frequently to reflect the labor market, but should not be the sole means of determining whether a shortage exists and should continue to be used with the RLMT.

The MAC’s public comment period ended Sept. 25. Its recommendations to the government on Tier 2 reforms is expected by mid-December. BAL is closely following this matter and will report further developments on these important issues.

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 – MEDIUM

What is the change? Immigration Rules published Sept. 17 adopt the Home Office’s proposed changes to add smaller salary bands within the points table and to allow unused Certificates of Sponsorship (CoS) to be reclaimed after three months and put back into the pot. The changes allow more effective operation of the monthly allocation cycle for Restricted Certificates of Sponsorship (RCoS).

What does the change mean? These new rules apply to decisions made on or after Oct. 12 (i.e., for RCoS requests submitted by Oct. 5) and should have a positive impact on the number of Tier 2 RCoS’s allocated in October and thereafter. The changes should allow the Home Office to maximize the allocation of Tier 2 visas every month and clear the backlog created over the last four months, while leaving in place the annual limit of 20,700.

• Implementation time frame: Oct. 12 and following.
• Visas/permits affected: Tier 2 (General) RCoS for new or permanent hires.
• Who is affected: Companies applying for Tier 2 (General) RCoS’s.
• Impact on processing times: The rules should improve the number of allocations and thus reduce the number of rejected applicants who have to wait to resubmit the following month.
• Business impact: The rules improve the chances for employers to obtain RCoS’s for employees paid in lower salary ranges.
• Next steps: Employers should contact their BAL representative for assistance on individual cases.

Background: The rules were announced earlier this month as provisional, and have now been finalized. The changes introduce smaller salary ranges within the points-awarding table that is used to determine whether Tier 2 RCoS’s are granted or rejected. Points are awarded for the type of job and additional points are granted for shortage occupations, Ph.D.-level roles (as a priority) and thereafter for the salary offered (the higher the salary, the greater the likelihood of receiving an RCoS). Under current rules (set for change on Oct. 12), when the monthly cap is exceeded by more than 100 applications, large numbers of applications may be refused even if there is room within the monthly limit because U.K. Visas and Immigration must refuse applications scoring the same number of points at the relevant level in order to treat all applications equally. The greater number of salary bands will allow greater flexibility.

The rules will also allow the secretary of state to reclaim unused RCoS’s before they expire (after three months) and return them to the limit, so that all RCoS’s that are allocated are actually used.

The new salary table may be viewed here.

BAL Analysis: Tier 2 employees in the lower salary ranges should have better chances of obtaining a slot in October’s allocations. The Home Office noted earlier this month that if the rules are adopted, the UKVI may need to make changes to its computer systems, which could delay the opening of the panel by a few days. BAL will keep clients updated on a case-by-case basis.

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 – MEDIUM

What is the change? The monthly cap for Tier 2 Restricted Certificates of Sponsorship (RCoS) has been surpassed for the fourth consecutive month.

What does the change mean? While the monthly quota was surpassed once again, minimum salaries for successful applicants were down significantly in August and September compared to June and July. This suggests that the spike in demand over the summer is abating. While this news is welcome, the U.K.’s Migration Advisory Committee (MAC) is in the midst of considering wide-ranging changes to skilled-migration policies, including raising salary thresholds and limiting Tier 2 to genuine skills shortages and “highly specialist experts.” Such changes could make the Tier 2 route significantly more limited.

• Implementation time frame: Immediate and ongoing.
• Visas/permits affected: Tier 2 RCoS work visas.
• Who is affected: Employers and non-EU nationals applying for Tier 2 RCoS work visas.
• Business impact: The lower demand for RCoSs in September compared to June and July seems to be good news for employers who need to sponsor employee visas for employees in the £20,000-32,000 salary brackets.
• Next steps: Companies should contact their BAL professional to discuss strategies and the options that are available in the next few months.

Background: September marked the fourth straight month that the monthly cap on Tier 2 RCoS work visas was exceeded.

The annual quota is 20,700 with visas allocated on a monthly basis. The quota was exceed for the first time in June and was exceeded in each of the following three months. Minimum salaries and the number of required points for successful applicants, however, were down in August and September compared to June and July.

Month	Minimum Salary	Minimum Score
June	£46,000/year	50
July	£32,000/year	45
August	£24,000/year	36
September	£28,000/year	39

The Home Office moved to address the recent oversubscription this month by announcing that it would introduce a greater range of salary bands within the points-awarding table. The changes have not taken effect yet, but are aimed at maximizing the number of places that can be allocated each month. They are a welcome step toward providing some flexibility and reducing the backlogs in applications. It also appears that based on the minimum salaries for successful applicants in the past two months, backlogs may soon be cleared.

That said, employers should note that the changes MAC is considering could impose significant restrictions on the Tier 2 route. The MAC is soliciting public comments until Sept. 25 and is expected to issue a report in mid-December.

BAL Analysis: Employers should work closely with their BAL professional on individual Tier 2 RCoS work visa applications. Longer onboarding times for Tier 2 migrants with lower salaries should be expected, even with the drops in minimum salaries in August and September. As for the MAC proposals, BAL is working with clients and associations interested in offering comments or recommendations. Please contact the BAL professionals whom you work with on a regular basis with any questions.

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 – HIGH

The Migration Advisory Committee (MAC) is soliciting public comments until Sept. 25 from employers and other stakeholders on potentially wide-ranging changes to government policies on skilled migration.

The U.K. Home Office asked the MAC, an organization made up of senior economists and researchers, to conduct a thorough review of the Tier 2 route with a view toward restricting it to allow fewer migrants into the U.K., and to provide its recommendations before the end of the year. Since significant contraction of business migration routes is a genuine possibility, employer evidence is sought as a matter of urgency.

The MAC has been asked to consider the impact of:

• Limiting Tier 2 to genuine skills shortages and “highly specialist experts” (potentially limiting Tier 2 visas to a time-limited skills shortage list).
• Raising salary thresholds.
• Implementing a skills levy on Tier 2 employers to fund apprenticeships and thereby upskilling the resident labor force (with the aim of reducing the need for migrant labor).
• Tightening the intra-company transfer (ICT) route and applying the £200 per year immigration health surcharge to ICTs.
• Restricting the automatic right of Tier 2 dependents to work.

The committee will issue its report in mid-December, after which the government will take action. If the government imposes significant restrictions on the Tier 2 route, employers will face a much harsher environment in which to sponsor both intra-company transferees and local hires.

Background: The sitting government has a long-term agenda to reduce net U.K. immigration from the hundreds of thousands to the tens of thousands. Given the government’s clear intention to stem the reliance on migration to fill U.K. skills shortages, some restrictions on the Tier 2 category for employers and skilled workers appear inevitable; the scope and type of restrictions are still being debated and businesses are encouraged to participate.

The committee has already provided an initial analysis of Tier 2 salaries, published on Aug. 13, weighing the rationale for raising the threshold against the impact on migration, the U.K. economy, and labor and business interests, but the remaining proposals remain open for discussion.

BAL Analysis: The MAC’s call for evidence contains a detailed list of questions on which the committee is seeking feedback. Companies have the option of responding to any or all of the questions directly to the committee in whatever format is convenient. BAL is working with clients and associations regarding the call for evidence. If your company is interested in participating or contributing to those discussions, please contact the BAL professionals whom you work with on a regular basis.

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.