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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.
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? 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.
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.
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.
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.
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.
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.
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:
Additionally, the company must be one of the following:
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.