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IMPACT – HIGH
What is the change? A sophisticated scam by individuals posing as Home Office officials is targeting foreign nationals in the U.K. The phone calls appear genuine because the callers possess personal details of the targeted immigrant, including passport numbers, mobile phone numbers, visa numbers and other private data.
What does the change mean? Foreign nationals should be suspicious of any calls that claim to be from U.K. authorities threatening deportation and demanding payment. The Home Office does not call customers to collect immigration fees by phone.
Background: In recent days, foreign employees and their family members new to the U.K. have been phoned by individuals claiming to be from the Home Office, citing the immigrant’s private data and saying they are investigating claims that the individual’s immigration status is illegal. The callers have then asked for payment via phone to look into the matter.
Similar scams against immigrants have been reported globally, most recently in Australia, Canada and Singapore, and have been on the rise globally since 2013. Other permutations of these scams include fraudulent websites that mimic government sites, and emails and phone calls that spoof legitimate government emails and phone numbers.
BAL Analysis: Unfortunately, scams targeting immigrants are becoming more common and more sophisticated in their ability to access and misuse personal data. Anyone receiving calls demanding payment should report them to the police and Home Office.
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 Restrictive Certificates of Sponsorship for July 2015 has been exceeded and only applicants with 45 points were successful in being granted an RCoS in this round.
What does the change mean? A backlog may develop in the coming months, creating longer wait times for Tier 2 candidates earning lower salaries.
Background: The Tier 2 (General) visa is subject to an annual quota, which is broken down into monthly allocations. Historically, there have always been sufficient CoS’s available from the allocation to meet demand. However, since April the cap has been exceeded each month, meaning certain applications roll over to the next month. The allocation was exceeded again in July, despite certificates having been rolled over from the previous month and more than 2,000 certificates made available this month.
In July’s allocation, only applications scoring more than 45 points were successful. In June, which was also oversubscribed, 50 points were required for successful applications. Under the points-based system, applicants must meet the minimum of 32 points. When the allocation is reached, all applications are ranked by number of points, and applicants will gain points for having higher salaries, shortage skills or Ph.D. level roles.
BAL Analysis: Employers should work closely with their BAL attorney to understand the likely waiting time for each individual application, or for a broader class of applicants. Employers should anticipate longer onboarding times for Tier 2 migrants with lower salaries.
What is the change? Under new Immigration Rules announced July 13 and enforceable beginning Aug. 3, new non-European students studying at publicly funded further-education (FE) colleges in Britain will lose their right to work, which under current rules allows up to 10 hours per week. Further, the maximum term available for visas to study at FE colleges will be cut from three years to two, and students at these colleges will no longer be allowed to switch to a Tier 2 work visa or extend their Tier 4 study visa while in the U.K., and must leave at the end of their study.
What does the change mean? Employers should be aware that many of these new rules will take force starting Aug. 3 and will potentially impact their ability to recruit foreign students, graduates and interns.
Background: The latest Statement of Changes to the U.K.’s Immigration Rules introduces numerous limitations to the Tier 4 student category for foreign students from outside the European Union. (Tier 4 students apparently accounted for 121,000 immigrants to the U.K. in 2014, a net influx of 70,000 and an area of considerable immigration abuse.)
The changes apply to FE colleges – educational institutions offering a range of vocational and access courses, typically for students ages 16 to 19, either prior to or at a lower level than undergraduate or post-graduate study at universities. In recent years there has been a focus on preventing abuse at privately funded and often “bogus” colleges (where English language courses were the predominant course of study), and these rules extend the work restriction to non-EU students at publicly funded FE colleges and to those studying for A-levels, international baccalaureates or vocational qualifications prior to or instead of university entry level.
Crucially, this rule does not apply to university students who will continue to be able to work 20 hours a week during their school term and full-time during official holidays, during which period they typically undertake internships.
In particular, the changes mean:
The changes will also:
BAL Analysis: Despite the contributions of foreign students to the U.K. economy, the overall political will favoring reduced net migration has spurred ever stronger reforms to the student category. The new rules are part of an overall strategy to tighten the student routes and prevent “career students” from studying successive unrelated courses while also accessing the U.K. labor market. The changes are designed to crack down on visa fraud and ensure that foreign students come to the U.K. purely to study and have a clear intention to depart, rather than to seek entry into the U.K. labor force.
“Immigration offenders want to sell illegal access to the U.K. jobs market, and there are plenty of people willing to buy,” Home Office Minister James Brokenshire has said. “Hardworking taxpayers who are helping to pay for publicly funded colleges expect them to be providing top-class education, not a backdoor to a British work visa.”
These restrictions will impact employers, particularly in service industries and the retail sector who frequently rely on student labor, and those offering graduate programs and summer or Easter internships for students as a precursor to U.K. employment where school leavers are a potential target. The loss of a right to work in the U.K. can only be seen as a disincentive for international students choosing where to study and a further restriction (albeit not fatal) on employers looking for the “best and brightest” from a global talent pool.
Another repercussion of the new rules is that Tier 4’s will be subject to employers’ restricted certificates of sponsorship, putting additional pressure on quotas during the summer months.
What is the change? Berry Appleman & Leiden’s London office has been registered as an alternative collection location (ACL) to allow migrants to collect their biometric residence permits with greater ease.
What does the change mean? The U.K. now requires that successful overseas visa applicants collect their biometric residence permits within 10 days of arrival in the U.K. by attending an appointment at the post office nearest to the their home or workplace. The fact that BAL has been granted ACL status as the representative of premium/high volume employers allows BAL clients an additional option to have biometric residence permits delivered directly to BAL, which may prove more convenient and lessen the administrative burden on employees and assignees.
Background: The new requirement that new migrants and assignees to the U.K. collect biometric residence permits in person within 10 days of arrival from a designated post office has introduced an inconvenient additional step into the relocation process.
While representatives are generally not permitted to collect and deliver biometric residence permits, BAL has been recognized as qualified to receive the permits on behalf of clients and so can act as an alternative collection location in lieu of a post office.
BAL Analysis: The Home Office is currently taking great care to ensure that biometric residence permits, which authorize employment, are not vulnerable to misuse, and has established strict controls over their safe storage and distribution. While the permits must still be delivered directly to the individual by a registered person, BAL’s ACL status means our clients will have greater flexibility to select a collection or delivery method that best suits their migrant work force and service standards.
What is the change? After the requested number of restricted certificates of sponsorship (RCoS) exceeded the number available by almost twice, the points basis of the RCoS system came into play. As such, in June’s panel a salary of £46,000 (scoring 50 points) was required for approval. However, due to RCoS policy, and despite a record number of refusals, 394 RCoS remained unallocated and will be rolled over to July, according to figures released today.
What does the change mean? In July, 2,049 RCoS will be available for employers applying for skilled workers under the Tier 2 (General) stream. This number is the result of the unallocated RCoS from June’s panel being added to the normal monthly quota of 1,650. This means it is possible that the RCoS will not be as oversubscribed in July and, as a consequence, the minimum points required for approval may be lower than last month’s threshold, meaning that salaries of £32,000 could result in approval. However, there are no guarantees and the situation remains frustrating for businesses seeking to plan their recruitment in the UK.
Background: On June 11, for the first time, the quota for the number of restricted Tier 2 (General) workers was reached. When reached, the quota requires that applications be ranked by number of points obtained, with points gained for shortage occupations, certain PhD level roles, and for higher salary levels. Employers whose applications were rejected must reapply in July.
The minimum salary for successful applications in June was £46,000. Theoretically, the minimum salary level for successful applications in July may only have to meet the next lower bracket of annual salaries ranging £32,000 to £45,999. However, BAL anticipates that the minimum salary to obtain approval is likely to be on par with June’s minimum salary level of £46,000. In June, applications with salaries under £46,000 resulted in refusal.
BAL Analysis: The additional allocation of quota numbers for next month is positive news for companies, in light of the recent exhaustion of quotas and the previous expectation that it would lead to more rejections in coming months. Companies should remain aware that the coming months are peak season for recruitment of new graduates and could cause quotas to be reached again.
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.
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.
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.