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IMPACT – HIGH
What is the change? The allocated quota of restricted certificates of sponsorship (RCoS) for employers hiring skilled foreign workers has been met for the month of June. This comes at a time when the British government is committed to maintaining the quota at the current level. In fact, Home Office sources have hinted that a reduction may even be implemented.
What does the change mean? When reached, the quota demands that all applications are ranked by number of points obtained, with points gained for shortage of skills in the U.K., for certain PhD level roles and for salary. Therefore, employers should expect a lower number of Tier 2 RCoS approvals, especially in the coming summer months, a peak period for recruitment of new graduates. Only high-earning foreign skilled workers are likely to be approved, as more points are awarded for higher salaries. In June, it appears that salaries under £46,000 resulted in refusal.
Background: The annual quota for certificates of sponsorship is 20,700 allotted on a monthly basis, with 2,250 in April and 1,650 for all other months. Under the points-based system, applications must meet the minimum 32 points. In June, however, applications with 32 points would still have been rejected; moreover, the Home Office is likely to confirm that 50 points were required for success in June. Applications that did not meet June’s points requirement will not automatically be considered when slots become available the following month, and companies must resubmit rejected applications.
BAL Analysis: Companies should anticipate lower numbers of RCoSs issued in the next few months and may want to budget for higher salaries above the minimum levels to stand a better chance of approval.
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? Effective immediately, U.S. visa applicants applying for British visas for stays longer than six months are now covered by new procedures for obtaining a biometric residence permit upon arrival in the U.K.
What does the change mean? Applicants in the U.S. should note the strict new 30-day time frame for traveling after visa issuance and the 10-day window after arrival in the U.K., during which applicants must pick up their biometric residence permit from their nearest post office.
Background: Under the new procedures, U.K. consulates will issue a temporary visa valid for 30 days instead of the full visa covering the whole stay. Applicants will enter the U.K. with this visa and then have 10 days from the date of arrival to collect their biometric residence permit. The permit gives the dates of their full permission to stay in line with any certificate of sponsorship.
It is important to note that the dates of validity of the 30-day temporary visa are determined by the date that the applicant sets as the “intended travel date” on the visa application, and the visa will generally be valid from the intended travel date up to 30 days thereafter. Thus, any changes to travel plans after applicants designate their intended travel date may require resubmission of a new application.
Additionally, applicants must designate a U.K. address and postal code to determine the nearest post office where they will collect the biometric residence permit on arrival. BAL recommends designating the U.K. office address as a best practice. Any changes to the pick-up location will incur delays.
The changes are part of the U.K.’s transition to biometric residence permits for overseas applicants worldwide, having already been in operation for in-country applicants for some time. Applicants in the U.S., Canada and Australia are among the latest to be phased in; biometric permits for overseas applicants from countries including India and China have been in operation since April. By the end of July, all overseas applicants from all countries will be covered by the procedures.
BAL Analysis: Employers and U.S. nationals should work closely with their BAL representatives to ensure that the information supporting their application is as accurate as possible to minimize delays and business disruption.
What is the change? Newly re-elected Prime Minister David Cameron wasted little time in proposing a tough immigration bill that aims to stem immigration to the U.K. on several fronts, including “significantly reducing the level of economic migration from outside the EU” and limiting the number migrants from within the EU. In addition, today’s Queen’s Speech included plans for a bill to pave the way for an in/out referendum to decide Britain’s ongoing membership in the EU, potentially putting at risk the free movement of EU workers and their families into the U.K.
What does the change mean? Among the business-related proposals, the bill would reinforce the cap on non-EU skilled migration, require companies to transition foreign skills to British workers, make it illegal for employment agencies not to test the U.K. labor market before recruiting overseas, establish a new government enforcement agency to deal with abuse, and renegotiate EU membership to allow fewer European migrants into the U.K.
Background: In a speech last week, Cameron outlined the immigration bill, saying it would “control” immigration and make the system “tougher, fairer and faster.” Today’s Queen’s Speech confirms the bill aims to root out illegal immigration and reduce the demand for skilled foreign labor while curbing abuse of low-skilled workers.
Of interest to the business community, the measures to reduce skilled foreign labor would have the government embark on a “massive skills drive” to train British citizens to transition into jobs currently occupied by foreign workers. The creation of 3 million apprenticeships would be financed by imposing a new visa levy on companies that employ foreign workers, Cameron said in the speech.
“We should be getting to a place where we only bring in workers from outside Europe where we have genuine skills shortages or require highly specialist experts,” Cameron said. “So sectors that have become over-reliant on migrant workers will be encouraged to train Brits instead. What’s more, we’ll make it illegal for employment agencies to recruit solely from abroad without advertising those jobs in Britain and in English.”
Other proposed provisions include establishing a new government enforcement agency to monitor companies and make sure they are paying minimum wages, conducting tougher English language testing of students, requiring banks to trace accounts of foreign visitors who do not have authorization to stay, mandating licensing of landlords, and tracking deportees by satellite.
BAL Analysis: Cameron’s Conservative Party remains committed to making good on its stated goal of reducing net immigration to the U.K. to “tens of thousands” of migrants. With a majority government, Cameron stands a good chance of passing an immigration bill and the EU referendum bill. If passed as is, the measures will significantly curtail immigration, including skilled categories, and add stricter rules for companies that rely on foreign workers.
What is the change? By the end of July, the United Kingdom will phase in all countries to its new Biometric Residence Permits procedures for overseas visa applicants.
What does the change mean? All overseas visa applicants for stays of longer than six months will be required to follow new procedures to obtain a Biometric Residence Permit (BRP). Applicants will receive a 30-day “travel vignette” allowing entry to the U.K and then will have 10 days upon arrival to pick up their BRP. The new process replaces the full visa stamp and allows the U.K. to meet its European Union obligations.
Background: The U.K. announced the new biometric residence card procedures in February. The country-by-country rollout schedule has now been announced and will cover all countries by the end of July.
The schedule for individual countries may be viewed here. Many countries, including India, are already operating under the new system. BAL expects the phase three rollout to cover the U.S., Canada and Australia by May 31, 2015.
The U.K. is introducing credit-card-sized BRPs in place of visa stamps for all entry categories for stays longer than six months. The cards will contain the applicant’s biometric data, including fingerprints and photo, and have been in place in the U.K. for extension and other in-country applications for some time.
Migrants and employers should take note of several procedural changes. At the online visa application stage, migrants must confirm a U.K. address and postal code to determine the nearest post office where they must collect the BRP. (BAL intends to use the employer address given that housing is often not fixed prior to the application stage.) Also at the application stage, migrants must confirm a fixed date of travel. The BRPs will not be issued overseas, and it will no longer be possible to obtain visas covering the whole period of time the migrant will be in the U.K. Applicants will receive a “travel vignette” valid for 30 days beginning from the stated date of travel. The vignette authorizes entry into the U.K and then migrants will have 10 days upon arrival to pick up their BRP. Any change in the pick-up location will cause delay.
BAL Analysis: To avoid business disruption, employers and migrants should work with their BAL attorney to complete the new procedures. Applicants should ensure that the information provided to support the application – including the U.K. address and intended date of travel – is as accurate as possible to minimize the need for additional applications due to expiring travel vignettes. Employers should also be prepared to accept the 30-day travel vignette as a right-to-work document, and consider setting start dates after 10 days of arrival to accommodate an employee’s ability to collect the BRP before starting work.
IMPACT – MEDIUM
What is the change? The election victory by the Conservative Party, led by Prime Minister David Cameron, allows Conservatives wider latitude to pursue stricter migration policies.
What does the change mean? The Conservative immigration platform aims to lower net annual immigration to “tens of thousands” of migrants, set caps on non-EU migrants, impose a four-year waiting period before new migrants can claim housing and other social benefits, and deport EU migrants who do not have a job within six months.
Immigration policy may also be one of the first issues to expose rifts between the U.K. and the European Union. On Wednesday, the European Commission is expected to unveil a migration plan for the Mediterranean refugee crisis that will introduce quotas for member countries to share absorption of refugees and require the U.K. to accept up to 65,000 refugees, more than double its current number – a measure that the new government is certain to fight. Cameron has promised a referendum on Britain’s membership in the EU and, while the U.K.’s exit from the bloc is unlikely, Cameron’s vow to renegotiate the terms of U.K. membership could entail greater U.K. curbs on migrants from the EU.
Business impact: On the business side, the government is likely to continue in the current direction of recent policies that have tightened Tier 2 sponsorship requirements and introduced a host of measures that generally make it more costly and restrictive for companies to recruit and retain foreign workers.
BAL Analysis: Employers and foreign employees should expect at least a continuation of current policies by the new government and perhaps even broader-ranging measures that could further restrict the number of foreign workers or otherwise hamper the ability of companies to hire foreign workers in the U.K.
What is the change? The Brazilian Consulate in London is closed because of damage to the building.
What does the change mean? The closure will suspend regular services, and visa applicants should expect delays.
Background: The Consulate General of Brazil in London closed and suspended regular services April 14, citing structural damage to its building. Emergency cases will be handled by the Brazilian Embassy in London.
BAL Analysis: Applicants whose visas cannot be collected should prepare for immediate delays. If the closure is lengthy, a possible backlog of cases may develop and applicants may have to adjust their travel plans.
What is the change? U.K. authorities are dealing with a biometric data processing backlog. Delays appear to be limited to New York City and Sheffield, England.
What does the change mean? Foreign nationals who recently had biometrics taken for U.K. visas in the locations above may have to wait longer than anticipated for visas.
Background: The backlog resulted from a system outage earlier this week in the U.K. Foreign nationals who had biometric appointments this week in New York or Sheffield should note that processing may take longer than normal.
BAL Analysis: BAL continues to monitor the situation and will provide updates as necessary.
IMPACT – LOW
What is the change? Children under the age of 5 who are applying for U.K. visas in the U.S. are now required to attend a biometric appointment to have their photographs taken. Fingerprints are not required.
What does the change mean? Families traveling to the U.K. with a child under 5 who needs a visa must make an appointment for their child as well as themselves. Previously, children under 5 were exempt from the requirement.
Background: Photographs taken during biometric appointments will be printed on the child’s visa or residence permit (when applicable), but fingerprints are not required. The U.K. government says the change is designed to keep children safe and protect against identity theft.
BAL Analysis: The change will bring U.S.-based application processes for U.K. visas in line with requirements the U.K. has in the rest of the world. Because almost all affected children will be accompanied by at least one adult needing biometrics, the additional requirement is unlikely to add much, if any, time to the visa application process.
What is the change? China has suddenly added a new application requirement for Chinese business visas filed in the U.K.
What does the change mean? All business visa applications must include copies of identification of the host in China who signed the Chinese invitation letter. The type of ID varies depending on the nationality of the host.
Background: The Chinese Visa Application Service Centre in the U.K. imposed the new requirement without notice March 27.
Business travelers were already required to obtain invitation letters from hosts in China. Under the new rules, all business visa applications must now include proof of identity of the host in China who is inviting the business traveler. If the invitation letter was signed by a Chinese national, a copy of his or her ID card must be included in the business visa application. If the host is not a Chinese national, a photocopy of his or her passport photo page and Chinese residency is now required as part of the business visitor’s visa application.
The name and signature on the ID must match those on the letter of invitation.
BAL Analysis: Those planning business travel should plan to request the ID of their host in China to avoid delays in their visa applications.
What is the change? The Home Office will introduce a mandatory health surcharge to most non-EEA work and study visa applicants and their family members entering the U.K. or extending their stay for more than six months.
What does the change mean? An additional government fee of £200 per year for each foreign worker and each family member (and £150 for students) will be added as part of the visa application process. Foreign nationals subject to the fee will be able to access and pay for use of the National Health Service. Certain visa categories and nationalities with reciprocal health care arrangements are exempt, including all Tier 2 (Intra-Company Transferees) and Australian and New Zealand nationals.
Background: The Home Office is introducing the surcharge to make sure that temporary foreign workers are contributing to the National Health Service. The surcharge, which is paid directly to the NHS, gives foreign workers and students in the U.K. the same access to health care as permanent residents. This means they will generally receive free health care, but may be charged for some services, such as dental treatment and prescriptions.
The surcharge is £200 per year for non-EEA workers and £150 per year for non-EEA students. The surcharge for dependent family members matches that of the principal applicant. Several categories of foreign nationals are exempt, including non-EEA Tier 2 intra-company transferees and their family members, as well as visitors or others staying in the U.K. for less than six months. EEA nationals living in the U.K. and citizens of Australia and New Zealand are also exempt from paying the surcharge. Foreigners who are exempt from the levies must still go through the surcharge website to complete their visa applications. Instructions will be available April 6 on the U.K. government’s website.
BAL Analysis: The U.K. expects to collect £1.7 billion over the next decade to offset costs of running the healthcare system. Applicants should plan for the levies and also be sure that the health surcharge is paid at the time of their application. They should also note that the full amount for the entire length of stay is due upfront.