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IMPACT – HIGH
What is the change? In August, the U.K. Home Office introduced automatic renewal of Certificate of Sponsorship (CoS) allocations for the top 200 largest employers. However, smaller employers must continue to apply annually for a renewal of their CoS allocation and should watch for Home Office reminders.
What does the change mean? Large employers do not need to make an annual application to renew their CoS allocation, while others must continue to make an annual application to request that Tier 2 CoS be allocated to the Sponsor Management System account.
Background: We reported the introduction of automatic Certificate of Sponsorship allocation renewal in March 2014, and it took effect for the 200 or so largest employers in August. Those companies should now be automatically granted a new allocation equal to the number of CoS that have been assigned to migrants in that category during the previous allocation year. This process has been introduced to prevent instances where sponsors urgently need to assign a CoS but are unable to do so because their allocation has expired.
For the largest employers, ‘Automatic renewal’ will be displayed next to the categories in question on the ‘Request renewal of annual allocations’ screen in the Sponsor Management System three months before an allocation is due to expire. Those identified as the largest employers may have already been allocated their CoS automatically for this year.
However, the majority of employers are not considered in the largest 200, and must continue to apply for their CoS allocation to be renewed annually and provide business reasons for the number of CoS requested. These employers should refer to the ‘Licence summary’ screen in the Sponsor Management System to determine the expiry date of their CoS allocations or work with BAL to establish this information.
Please note that the renewal of allocations of CoS, which occurs annually, is not connected to the renewal of sponsor licenses, which occurs every four years.
Updated versions of the SMS user guides, including details of the automation rules and processes, have been published here.
Guidance for sponsors on CoS is contained in Section 4 of the most recent Sponsor Guidance.
BAL Analysis: For the largest companies who have been offered automatic renewals, this is a positive change that removes an administrative burden. However, large employers subject to automatic CoS renewal should beware of the assumption that they will only require the same number of CoS as in the previous year – automatic renewal does not account for spikes in the number of CoS an employer may need based on legitimate business reasons such as expansion, economic growth or project work. In addition, employers who are not included in the automatic renewal should notify BAL for further support when they are contacted by the Home Office three months before the allocation renewal deadline.
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 implemented Registered Traveller Service for nationals of Australia, Canada, Japan, New Zealand and the United States who frequently fly to Heathrow or Gatwick airports.
What does the change mean? Nationals of the countries listed above who are approved for the service can avoid queues at the airport and will not have to fill out a landing card upon arriving in the U.K.
Background: Registered Traveller Service allows nationals of the countries listed above to use ePassport gates at Heathrow and Gatwick airports (provided they have biometric passports). At Heathrow, the service allows travelers to use the U.K./EU channel; at Gatwick, it allows travelers to use the Registered Traveller lane.
Once applicants have obtained an invitation code, they can apply online on the U.K.’s Registered Traveller Service website. The application costs £50, even if it is not successful. Applicants need a passport and debit or credit card to complete the application. Decisions are made within 10 working days. The service is initially valid for a year and is renewable.
BAL Analysis: Registered Traveller Service is a good option for frequent business travelers, as it allows them to save time traveling to the U.K. for the relatively inexpensive cost of £50 per year.
What is the change? The British Embassy in Egypt has reopened after closing last week due to unspecified security concerns.
What does the change mean? Immigration, travel and other consular services have resumed.
Background: The British Embassy in Cairo closed and temporarily suspended services Dec. 7, citing security concerns. The Canadian Embassy closed the next day, also citing security concerns. While the British Embassy reopened, the Canadian Embassy remained closed as of Dec. 17.
BAL Analysis: The fact that the closure was relatively short is good news for visa applicants, who faced the possibility of long delays or having to apply outside Egypt when the embassy closed its doors last week. BAL will continue to monitor the status of the Canadian Embassy and will keep clients updated on its status.
What is the change? The Canadian and British embassies in Egypt have halted public services due to unspecified security concerns.
What does the change mean? Until further notice, both Canada and the United Kingdom have suspended all activities, including visa applications and document services.
Background: On Dec. 7, the British Embassy in Cairo announced that it would temporarily close and suspend services. The next day, the Canadian Embassy followed, citing security concerns. The British Embassy said it is taking steps to improve the physical security of the building before it reopens and has asked the public not to visit the building until further notice. Officials said that new visa applications are not being accepted and that individuals with pending applications should expect delays in getting their passports back. Applicants who have already been notified that their passports are ready to be picked up can do so at the Visa Application Center, but it is only open for accepting inquiries and returning passports.
The closure of these two embassies could prompt other Western countries to close their embassies. The U.S. Embassy remains open, but it posted a security message to U.S. citizens Dec. 4, reminding them to be alert to their surroundings and recommending that embassy staff “carefully scrutinize their personal movements and consider staying close to their residences and neighborhoods over the coming period.”
BAL Analysis: If the closures are prolonged, visa applicants will face long delays or have to apply outside Egypt. The British Embassy is advising those applying for Visit Visas that they may apply at any other country that has a Visa Application Center and is recommending that those applying for other visa types apply in Jordan or the United Arab Emirates.
What is the change? The U.K. has changed the rules for nationals requiring airside and landside transit visas.
What does the change mean? Nationals requiring a Direct Airside Transit Visa to pass through the U.K. in transit, both airside and landside, can either apply for a transit visa or use a document on the list of exempt documents. Nationals who only need a transit visa to transit landside will no longer be able to transit by showing just an onward ticket; they must apply for a transit visa or have one of the exempt documents.
Background: Transit visas are required of certain nationals stopping in the U.K. en route to other destinations within 24 or 48 hours.
Airside transit refers to an onward flight on the same day and departing from the same U.K. airport as arrival. Airside transit passengers do not pass through the U.K. border controls. Landside transit refers to an onward flight from a different U.K. airport or transit involving re-checking baggage and therefore passing through border controls to enter the U.K.
As of Dec. 1, nationals who require a visa to transit through the U.K. both airside and landside (“DATV nationals”) will have the option to apply for a transit visa or use an extended list of exemption documents, such as an EEA or Swiss residence permit, and pay a reduced cost of £30 for the DATV valid for two years. Chinese and Indian travelers may use the recently launched British and Irish Visa Scheme biometric visa as an exemption document for transit.
Under the new rules, nationals who require a transit visa for landside travel only (“non-DATV nationals”) can no longer transit landside with only a confirmed onward ticket; they must either apply for a transit visa or use one of the exemption documents and they must arrive and depart by air and have a confirmed onward flight leaving by 11:59 p.m. the following day. Nationals of Bolivia, Ecuador and Montenegro will no longer be required to hold a DATV or exemption document for airside travel.
BAL Analysis: Business travelers and foreign employees and assignees planning to transit through the U.K. should plan for the new rules, and non-DATV nationals should anticipate extra procedures as they can no longer just show proof of onward travel.
What is the change? Under recently implemented immigration rules, U.K. visa officers charged with approving visa applications both inside and outside the U.K. have been granted new powers to seek proof from employers that they have complied with visa and sponsorship criteria.
What does the change mean? Employers may be asked to show proof of their compliance with Tier 2 (ICT) and Tier 2 (General) qualifying rules when they submit a visa application or at renewal time. Previously, this qualification was not tested as part of the U.K.’s self-certification system. Now, for example, entry clearance officers may seek proof of resident labor market testing in the Tier 2 (General) stream, proof of compliance with standard job titles, job descriptions and salary levels of foreign workers in any Tier 2 stream, and proof of a work contract where a foreign employee is placed at a third-party client site but controlled by the sponsor.
Background: While the key policy provisions of Tier 2 (ICT) and Tier 2 (General) have not changed, visa officers now may award no points for a Certificate of Sponsorship when they determine that there is not a “genuine vacancy,” affording them the power to refuse an application. Prior to this change, the U.K. had an entirely self-certifying system, where the employer was responsible for ensuring that it met the relevant policy provisions of the Tier 2 category prior to issuing a Certificate of Sponsorship, and was required only to prove qualification via a record check during an audit by the Home Office. The purpose of the visa application was to check security risks posed by the employee, rather than to assess qualification. Under the new rules, visa officers will not necessarily take the Certificate of Sponsorship at face value and may request additional evidence from employers demonstrating that they meet the Tier 2 criteria. This is one of a number of factors currently changing the objective Points Based System into a more subjective system with greater uncertainty about documentary requirements.
BAL Analysis: Employers are advised to take a more proactive role in making sure that they are compliant with sponsorship and visa criteria, rather than assuming that compliance has been checked and authorized at the visa application stage or passively awaiting an audit. They should anticipate that visa officers may request evidence in addition to the Certificate of Sponsorship, particularly if there are any doubts about qualification for positions and the skill levels that are required, the validity of the Resident Labour Market Test, or the nature of the relationship with a client.
BAL’s U.K. office held a webinar for employers in London on Dec. 4 on the impact of the genuine vacancy requirements and would be pleased to forward materials to those who were unable to attend.
What is the change? Beginning Dec. 10, U.K. residents applying for visas to Russia must appear in person at a visa application center in London or Edinburgh to give their fingerprints.
What does the change mean? Because these are the only two locations that will collect biometric data, some U.K. applicants will have to travel great distances to obtain Russian visas.
Background: On Nov. 24, Russian President Vladimir Putin issued executive order No. 735, stating that fingerprinting will be required for travelers applying for Russian visas at consular posts in Denmark, Myanmar, Namibia, the U.K. and at Moscow’s Vnukovo International Airport. On Dec. 3, the Embassy of the Russian Federation in the U.K. announced that U.K. residents must fulfill the requirement by appearing at visa application centers in London or Edinburgh. The requirement is mandatory for all visa applicants applying in the U.K., except applicants under 12 years old and those applying for official or diplomatic visas.
Normal visa processing time is six days. Applicants may opt for next-day processing only if their fingerprints were taken before 3 p.m. the previous day.
BAL Analysis: Visa applicants should anticipate additional time for traveling to London or Edinburgh and queuing at the visa application center as there is no way to schedule an appointment. Applicants are urged to make sure their applications and supporting documentation are complete before traveling to London or Edinburgh to reduce the risk of having to make another trip if their application packet is incomplete.
What is the change? The United Kingdom will expand its 24-hour “super priority” visa service to Turkey, South Africa, the United Arab Emirates, Thailand and the Philippines, as well as to the visa decision-making centers in New York and Paris. The program is already operating in China and India.
What does the change mean? Nationals and residents of the affected countries will be eligible to receive British travel visas in less than 24 hours. Applicants whose visas will be processed in New York (e.g., applications made in Canada are processed in New York) or in Paris will also be eligible to apply for this service. The services will cost £600 above the normal visa-application fees.
Background: The U.K.’s same-day “super priority” visa service, launched for Indian travelers in 2013 and expanded for use by Chinese travelers earlier this year, has proven to be successful. Cameron’s office has confirmed that the Indian visa service averages 50 to 60 applications per month, while the Chinese applications top 100 applications per month. The service is expanding to those locations that have a high demand for businesses and high-value travelers to reinforce the idea that the U.K. is open for business and to persuade more business travelers, investors and tourists to visit, trade with and to expand in the U.K. Other than processing times, applicants using the 24-hour service are subject to the same requirements and immigration rules as those applying through the normal visa processes.
BAL Analysis: Cameron’s office hopes the service will draw business travelers, investors and affluent tourists to the U.K. through faster visa processing. The service is very costly, however, and may save applicants only a few days, depending on location. For example, standard processing for a six-month visit visa in New York is five days for a standard application fee of £83.
It should also be noted that even with the “super priority” service, applicants still need to factor in time to prepare their applications, complete a biometrics appointment, and travel to the consulate. The new service will primarily be of use to high net worth visitors, and in situations where enhanced processing is critical for business people and justifies the additional costs.
What is the change? The Home Office has released a statement of changes to the Immigration Rules covering nearly all U.K. immigration categories.
What does the change mean? Among the changes, there are new rules and criteria for Tier 2 and Tier 1 categories under the points-based system and an expansion of permitted activities under Business Visitor visas.
Background: The U.K. Immigration Rules have undergone sweeping changes across all immigration categories, as well as on cross-cutting issues such as replacing appeal rights with administrative review (as set up by the Immigration Act 2014). We have summarized the changes most relevant to corporate employers below.
TIER 2 CHANGES:
BUSINESS VISITORS:
Business Visitor visas will permit new activities as long as the individual remains paid and employed overseas. The new activities are:
TIER 1 CHANGES:
BAL Analysis: The new law encompasses a multitude of changes across the board. The changes to the Tier 2 category will have the biggest impact for corporate employers, who use this to move their global workforce. The Home Office’s intent to strengthen the Resident Labour Market Test and require that employers conduct a “genuine” search for a “genuine” role means employers should be very careful regarding recruitment practices as well as “overmanaging” any Tier 2 visa process. The language introduces a further level of subjectivity into the decision-making process in what should be an objective points-based system.
The changes to the Business Visitor category show a broadening of the category. We anticipate deep levels of change over the coming year to bring business visitor rules further in line with commercial realities.
Changes to the Tier 1 routes for the most skilled/valuable migrants to the U.K. are broadly welcome. The Exceptional Talent category is so tight in its definition of success that it does not form a realistic route for globally mobile professionals – the changes arguably do not go far enough to make this a meaningful immigration option. The increase in investment under the Investor category was widely anticipated, given that the amount has not increased in the last 10 years. An increase to £1.6 million would have been the level of inflation, but the increase to £2 million is legitimate, as are reforms to make investment in the U.K. clearer. The Entrepreneur category has been highly subscribed and so changes to clarify where monies are held will prevent further perceived abuse.
BAL is closely following the changes and will provide detailed analysis of these and other important changes in subsequent news alerts.
What is the change? The United Kingdom and Ireland have entered into an agreement to ease business and tourist travel in the two countries for Chinese and Indian nationals.
What does the change mean? Chinese and Indian nationals will soon be able to visit both the U.K. and Ireland on a single trip and with a single visa. They no longer need to apply for separate visas for the U.K. and Ireland in advance of travel – one visa will cover both countries.
Background: The U.K. government issued guidance on the new visa arrangement Oct. 6. It called the U.K.-Ireland agreement “one part of a joint program of work aimed at strengthening both countries’ borders.” The agreement will allow Chinese and Indian travelers to travel, for example, from London to Dublin without obtaining a second visa. Ireland’s Frances Fitzgerald, minister for justice and equality, said the change will “benefit the Northern Irish economy in particular” by making it easier to travel from Ireland to Northern Ireland, which is on the same island as Ireland but is part of the U.K.
BAL Analysis: The change will make it easier for Chinese and Indian nationals to travel to the U.K. and Ireland. It should be noted, however, that the switch applies only to certain travelers.
Chinese and Indian nationals will be able to travel to the U.K. and Ireland on the following U.K. visas: General Visitor, Business Visitor, Child Visitor (when accompanied), Student Visitor, Family Visitor, Entertainer Visitor, Private Medical Treatment Visitor, Sports Visitor, Parent of a Child at School, Prospective Entrepreneur, and Permitted Paid Engagement, and approved destination scheme. They can travel to the U.K. and Ireland using short-stay Irish visas to visit Ireland as a tourist, to visit family or friends, to attend a conference or event, or for business.
The program does not cover visitors in transit or visitors for marriage or civil partnership. Chinese and Indian nationals will also have to apply for a separate U.K. visa if they are traveling to Ireland on work or study visas. Travelers must travel first to the country for which they have a visa.