Search
Contact
Login
Share this article
IMPACT – MEDIUM
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.
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? 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.
IMPACT – HIGH
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.
What is the change? Under new rules going into force in April, the Home Office will consolidate the visitor visa category into four routes – visit (standard), marriage/civil partnership visit, permitted paid engagements visit, and transit visit – in a bid to make the rules more readily understood. Business visitors may enter as “standard visitors” – they will be allowed to undertake a limited and express number of “permitted activities”– but may not take employment, work or provide services in the U.K. Entry as a visitor will still only be for a maximum period of six months in any 12-month period. All visitors to the U.K., including visa-waived business travelers (such as U.S. citizens) will be assessed on whether their intent to visit is “genuine” and not merely a means to work in the U.K. on a short-term basis (which requires work authorization).
What does the change mean? The “genuine intent” test provides fresh grounds for either a U.K. visa officer, whether at the consulate deciding a visa application or at the airport, to deny entry to a foreign national whom they believe intends to violate terms of the visitor status by performing work activities in the U.K.
Background: The statement of changes reduces the number of visitor categories and clarifies the permitted activities for each category. Under a new prerequisite, visitors must satisfy the decision-maker that they have a “genuine intention to visit,” which includes a determination that they are entering for one of the listed purposes and will not undertake prohibited work activities. Visitors are prohibited from taking employment or conducting work that amounts to filling a role or providing short-term cover within a U.K.-based organization. They must remain paid and employed outside the U.K., except under very specific circumstances.
A business visitor may:
A business visitor who is an employee of an overseas company may conduct the following intra-corporate activities on a specific internal project with U.K. employees of the same corporate group, provided no work is carried out directly with clients:
A business visitor who is an internal auditor may carry out regulatory or financial audits at a U.K. branch of the same group of companies as the visitor’s overseas employer.
An employee of a foreign manufacturer or supplier may install, dismantle, repair, service or advise on equipment, computer software or hardware.
In a separate category, clients of U.K. export companies may be seconded to the U.K. company to oversee the requirements for goods and services that are being provided under contract by the U.K. company or its subsidiary company, provided the two companies are not part of the same group. In exceptional cases, employees may make multiple visits to cover the duration of the contract.
Several other business categories have been delineated, listing their permitted activities. These categories include: Study, Work-related Training, Science/Research/Academic, Legal, Religious, Artistic, Sport, Entrepreneur and Medical-treatment visitors.
BAL Analysis: The rules place greater scrutiny on the requirement to seek work authorization, typically under Tier 2, either in the context of a full-time assignment or on a multiple-entry basis. Business travelers, especially visa-waived nationals who are accustomed to entering the U.K. without a visa without incident, should beware that an enhanced focus on this area is the clear intention of U.K. policymakers. The risk in entering the U.K. improperly as a visitor and without work authorization ranges from delay and inconvenience at the airport to a possible 10-year travel ban where entry is deemed to have been sought by deception. The risk to a company in allowing employees to enter incorrectly as visitors are fees of up to £20,000 per undocumented migrant, plus loss of access to sponsor management systems to support other Tier 2 employees.
Business travelers should make sure their activities do not encompass prohibited work activities. The “genuine intent” test provides additional grounds for a border official to turn away visa-waived nationals at the border. Companies may wish to contact their BAL representative for a complete list of enumerated business activities for each category of business travel.
More positively, we welcome the fact that standard visitors may now enter to conduct leisure or personal activities along with business activities on the same trip, giving a legal basis for what has long been assumed to be the position.
BAL’s U.K. office will hold a webinar on the visitor topic, as well as other reforms to the U.K. immigration system announced in the recent Statement of Changes, and will circulate invitations and an “executive summary” to clients shortly. Please contact your BAL representative for more information.
What is the change? As of April 6, the Home Office will increase base minimum salary thresholds across all Tier 2 categories, as well as the minimum salary for each individual Standard Occupation Classification (SOC) code against which Tier 2 roles must be plotted.
What does the change mean? Costs will increase for U.K. employers sponsoring migrants on Tier 2.
Background: Minimum salaries for the Tier 2 (General) and Tier 2 (Intra-Company Transfer – Short-Term) categories will increase by £300, while Tier 2 (General) jobs that are exempt from certain advertising or other rules will increase by £900 and £1800.
The old and new Tier 2 salary thresholds are displayed here:
SOC codes, which set out minimum wages for each role in the U.K., are based on data from the National Office of Statistics, and are used to ensure that migrants are paid in line with resident workers for equivalent roles. There have been changes for all sectors. Some have been increased – for example, a software developer will now need to be paid an additional £1,500, taking the minimum annual salary from £29,600 to £31,100. Marketing and sales directors must be paid an additional £7,200, from £40,700 to £47,900. In other categories where there is a perceived shortage, the minimum wages have gone down.
Overall costs for Tier 2 migrants are also poised to be raised as a result of the introduction of an annual health surcharge to mitigate the cost impact of migrants on the National Health Service – this has not yet been published formally, however. On a more positive note, the 12-month “cooling-off period” will no longer apply to previous grants of Tier 2 stays of three months or less. This change is intended to give businesses flexibility to transfer key staff for very short periods, and should be read in line with the new visitor rules that make clear that this is not a means to work in the U.K. even for a very short period.
BAL Analysis: The Home Office reconsiders salary thresholds annually and these latest salary increases correspond to a 1.2 percent increase in average weekly earnings for resident workers in the previous year and are not of immediate concern. However, the revision to salary thresholds set within each SOC code may have a more significant impact on what employers need to pay migrant workers to come to the U.K. or to support them in making settlement applications there. U.K. companies are reminded to adjust their minimum salaries and may wish to contact their BAL representative for the full list of new salary levels.
Further analysis will be available at our client webinar to which you will be invited shortly.
What is the change? The United Kingdom will launch its 24-hour “Super Priority” visa service for U.S. applicants March 9.
What does the change mean? Eligible applicants may apply for certain visas at the British Consulate in New York and obtain a decision within 24 hours.
Background: The Super Priority visa service is already available to applicants in China and India, and the U.K. plans to extend it to other countries in the coming months.
BAL Analysis: Visa applicants interested in the Super Priority service should contact their BAL representative to confirm eligibility. Please note that paying for this service does not guarantee that any visa application will be approved. This expedited service also allows applicants to designate a representative to collect their passport, but the applicant must make the designation in writing at the time of application submission.
What is the change? The High Commission of India in London has announced that it will require biometric data capture for visas and other consular services beginning in March.
What does the change mean? Anyone applying for Indian visas or other consular services in the U.K. will be required to book appointments online before submitting applications and appearing in person to have biometrics taken. Once the change is implemented, applicants showing up at visa centers without an appointment may be turned away.
Background: The changes are part of India’s Immigration, Visa and Foreigners’ Registration and Tracking (IVFRT) program. As part of the program, India will make biometric data collection (fingerprint data and facial imagery) mandatory for all visa applicants. Mandatory biometrics have already been implemented in Australia, Malaysia and the Netherlands, among other countries.
In the U.K., the program will be launched at 14 visa centers, including three in London, in March. Once the program is operating, walk-in appointments will not be accepted. Exceptions will be made for medical emergencies, however. Diplomatic and official passport holders traveling on official business are also exempt and should submit their applications directly at the High Commission of India in London or the Consulates General of India in Birmingham and Edinburgh.
BAL Analysis: Once the mandatory biometrics program is implemented, applicants will be required first to apply online and then appear in person, by appointment, at a visa center. Walk-ins may be turned away. BAL will provide more information about the rollout when dates can be confirmed. Contact your BAL representative if you have questions about the program.
What is the change? The United Kingdom will soon introduce biometric residence permits (a credit-card sized document) for overseas applicants applying for stays longer than six months, replacing full-validity visa stamps in passports.
What does the change mean? Overseas applicants will have to comply with new procedures: the regular visa stamp will be replaced by a 30-day travel vignette permitting travel to the U.K. to collect the biometric residence permit within 10 days of arrival.
Background: The new procedures comply with an EU regulation requiring member states to issue biometric residence permits. Under the new procedures, a foreign employee applying from abroad will indicate date of travel and a U.K. address with postal code. Instead of a visa stamp denoting the full period of stay, the foreign employee’s passport will be stamped with a 30-day, short-validity vignette. The vignette allows the employee to enter the U.K. and pick up the biometric residence permit within 10 days of arrival at a designated post office. The pick-up location is based on the postal code entered on the visa application form. Applicants may request a change in pick-up location, but it will cause delay and incur a charge. If the applicant must leave the U.K. before collecting the permit, he or she may make multiple entries on the vignette within the 30-day validity period, but once the vignette expires, he or she must apply for a new one.
In 2012, the U.K. completed implementation for in-country applicants. To date, the Home Office has issued approximately 1.8 million biometric permits, including to people extending their visas or settling or transferring their conditions in the U.K. In conjunction with the U.K. Post Office and secure document production units, the Home Office will bring overseas applicants in line with this system, albeit without moving production and issuance of the biometric permits overseas (which would create a number of technical and logistical problems).
BAL Analysis: To avoid delays, employers sponsoring non-EEA employees for longer than six months should work with their BAL attorney to prepare for the new biometric residence permit procedures, paying special attention to the short-validity travel vignette enabling a foreign applicant to enter the U.K. for purposes of obtaining their permit. Any errors on the vignette must be corrected before travel, and any change to the pick-up location will cause delays and added cost.
In terms of compliance, employers should ideally require employees to collect their permit before starting work, as this will allow them to meet the right-to-work requirements in a single step. If the employee must start work before collecting their permit, such as in an urgent relocation, an employer will be able to conduct a right-to-work check of the 30-day vignette in the employee’s passport and then a second check of the permit when the vignette expires. The new procedure may therefore require a cultural shift – while migrants can still fly into the U.K. and start work the same day in an emergency, it will be better to arrange a timeline where the employee can collect the permit comfortably before starting work.