IMPACT — MEDIUM

‌The Migration Advisory Committee (MAC) has completed its report on the U.K.’s Shortage Occupation List, the first since 2020. While the last two reviews, in 2020 and 2019, called for expansions of the SOL, the MAC this time recommends that the SOL be abolished.

The SOL is the list of skilled jobs for which local workers are deemed to be in shortage. The employers for occupations on the SOL may bypass the U.K.’s minimum general salary threshold of £26,200 for skilled workers and hire non-European Economic Area workers at lower salaries: 80% of the “going rate” in those occupations, £20,960 or £10.75 per hour, whichever is higher.

Key Points:

  • Short of abolition, the MAC recommends elimination of the discounted (80%) salary threshold for employers seeking to hire foreign workers for SOL occupations.
  • If the government seeks to continue the SOL, the MAC recommended a pared-back list of just eight occupations, including laboratory and pharmaceutical technicians, construction and building-trades workers, bricklayers and masons, roofers and tilers, animal-care service occupations, home carers and senior carers.
  • The MAC suggested that if the government does decide to abolish the SOL, the MAC could be commissioned to examine individual occupations or sectors where labor market issues are particularly acute, possibly in collaboration with other bodies.

Background: The last MAC review was in September 2020, meaning the new review is the first since the COVID-19 pandemic and the United Kingdom’s withdrawal from the European Union. The MAC noted that, despite those two factors, the current number of foreign workers in the United Kingdom is the highest in history.‌

The SOL system is one of the primary ways employers are filling jobs in sectors facing labor shortages. The MAC, however, said that employers should not be allowed to pay below the going rate, which protected resident workers from undercutting wages and reduced exploitation of migrants.

The MAC is an independent group of economists that conducts analysis and makes recommendations to the U.K. government on immigration policy. Its policy recommendations are not binding on the government but are highly influential and often adopted.

This alert has been provided by the BAL U.S. Practice group.

Copyright ©2023 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

The Home Office has enacted significant increases to some immigration fees, effective Oct. 4.

Key Points:

  • The cost of a visit visa for under six months has increased by 15%, from £100 to £115.
  • The application fee for a student visa from outside the United Kingdom has risen by nearly 35%, from £363 to £490.
  • Fees for certificates of sponsorship, settlement, citizenship, entry clearance and leave to remain have increased by 20% or more, while some visa fees have been dropped.

Background: The U.K. government announced these fee increases along with increases in the immigration health surcharge in July. The immigration health surcharge is set to rise by 66%, from £624 per year to £1,035. The government has not announced when the surcharge will go into effect but will likely be in 2024.

This alert has been provided by the BAL Global Practice group.

Copyright ©2023 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

‌The Home Office will enact significant increases to some immigration fees on Oct. 4.

Key Points:

  • Fees for work and visit visas will rise by 15%.
  • Fees for student visas as well as certificates of sponsorship, settlement, citizenship, entry clearance and leave to remain applications will increase by 20% or more.
  • Some visa fees will be dropped, including those for amending details on physical documents and for replacing biometric residence permits.

Additional Information: The U.K. government previously announced these immigration fee increases as well as an increase to the immigration health surcharge in July. The immigration health surcharge, set to rise by 66% annually, will go into effect on a date yet to be announced, likely in 2024. More information on these measures is available here. BAL will continue to follow the pending increases and will provide information as it becomes available.

This alert has been provided by the BAL Global Practice Group.

Copyright © 2023 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

The Home Office recently announced it will substantially increase fines for employers and landlords who employ or rent to illegal migrants beginning Jan. 1, 2024.

Key Points:

  • Civil penalties for employers will triple, going from £15,000 to £45,000 per illegal worker for a first offense, and from £20,000 to £60,000 for repeat offenses.
  • Landlords will face a much greater increase in fines, going from £80 to £5,000 per lodger and from £1,000 to £10,000 per occupier on first offense, with amounts doubling on repeat offenses.

Additional Information: The Home Office encouraged all employers and landlords to verify the eligibility of anyone they employ or to whom they rent property. The U.K. immigration minister said the increased fines are intended to deter migrants from illegally crossing the English Channel by small boats.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2023 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

‌The Home Office has announced several immigration-related updates, including the submission timeline for the second ballot of the India Young Professionals Scheme, the allowance of 10- and 11-year-old children to use passport eGates, and the end of visa-exempt travel to the United Kingdom from five countries.

Key Points:

  • The second ballot for 2023’s India Young Professionals Scheme visas opened on July 25 and closes on July 27. Successful entries will be chosen randomly and winners will be notified via email within two weeks of the ballot closing. Potential applicants should confirm their eligibility before entering.
  • Children ages 10 and 11 are now permitted to use eGates to travel through the border at 15 air and rail ports. The change will allow families with children these ages to enter the country more quickly using expedited passport processing.
  • Officials rescinded visa-exempt travel for nationals from five countries: Dominica, HondurasNamibia, Timor-Leste and Vanuatu. These nationals now must obtain a visa in order to enter the United Kingdom. Individuals who booked travel to the United Kingdom before July 19 will be permitted to enter the country before Aug. 16; after that date, they will require a visa regardless of when they booked travel.

Additional Information: As BAL reported last week, the U.K. has also announced significant increases in some immigration fees and the immigration health surcharge. Officials have not yet announced when these measures will take effect, though it is likely they could take effect in Fall 2023. Employers may consider pushing through applications between now and then to take advantage of the current, lower fees. BAL will continue following the pending increases and will provide information as it becomes available.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2023 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 — HIGH

‌In a recent speech, U.K. Prime Minister Rishi Sunak announced significant increases in some immigration fees and the immigration health surcharge.

Key Points:

  • Fees for work and visit visas will go up by 15%.
  • Fees for student visas as well as certificates of sponsorship, settlement, citizenship, entry clearance, and leave to remain applications will increase by at least 20%.
  • Some visa fees will be dropped, including those for amending details on physical documents and for replacing biometric residence permits.
  • Immigration health surcharge rates will increase from £624 to £1,035 per year. Students’ and children’s discounted rate will go up from £470 to £776 a year.

Additional Information: Officials have not yet announced when these measures will take effect. The fee increases will be used to help fund pay raises for certain public sector jobs. BAL will continue following the pending increases and will provide information as it becomes available.

This alert has been provided by the BAL U.S. Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2023 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

The Home Office announced that the second APAC Youth Mobility Scheme ballot will open on July 24.

Key Points:

  • Beginning July 24, travelers ages 18 to 30 from Hong Kong (with a SAR passport), Japan, South Korea or Taiwan can apply for the Youth Mobility Scheme ballot.
  • The ballot window will be open for 48 hours until July 26, after which U.K. authorities will no longer accept new ballot applications.
  • Those planning to apply for the Youth Mobility Scheme ballot should review the eligibility requirements for the visa before entering the ballot.
  • Detailed instructions for applying for the Youth Mobility Scheme ballot are available here.
  • British Overseas Citizens, British Overseas Territories Citizens or British Nationals (Overseas) do not need to enter the ballot to apply under the Youth Mobility Scheme.

BAL Analysis: Eligible nationals of APAC countries will soon be able to apply for the Youth Mobility Scheme ballot; however, only a limited allocation of these visas is available. Successful applicants should receive an email by July 31. Those who are unsuccessful in the second ballot will receive an email within two weeks of the ballot closing. BAL will continue to monitor Youth Mobility Scheme developments and will provide more information as it becomes available.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2023 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

The Home Office announced changes for the information required when adding Level 1 users on the Sponsor Management System.

Key Points:

  • Beginning June 19, individuals who are adding a new Level 1 user to their sponsor license must provide the user’s National Insurance number (NINO).
  • Those who are changing personal details in the SMS must provide their NINO if they have not already provided it.
  • New users who do not have a NINO will be asked to provide information on why they do not have a NINO and may be asked to provide evidence that they have applied for one.

Additional Information: Requests may be denied for those who do not have a valid reason for not having a NINO or do not provide evidence that they have applied for a NINO.

BAL Analysis: Individuals should add their NINO as soon as possible to avoid possible complications and delays. U.K. authorities are planning to introduce similar requirements for Authorizing Officers and Key Contacts later this year. BAL will provide more information as it is made available.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2023 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

The Home Office has provided additional guidance for travelers required to apply for Electronic Travel Authorization.

Key Points:

  • Beginning Oct. 25, Qatari nationals will be able to apply for ETA through the “UK ETA app” or through this website. Qatari nationals must have ETA by Nov. 15.
  • ETA will cost £10 (about US$12.50) per application.
  • Beginning Feb. 22, 2024, nationals of Bahrain, Jordan, Kuwait, Oman, Saudi Arabia and the United Arab Emirates will need to apply for ETA.
  • By the end of 2024, ETA will be required for visitors who do not need a visa for short stays, including those visiting from Europe and other countries, including Australia and the United States.
  • Those who hold ETA will be allowed to enter the United Kingdom:
    • For up to six months for tourism, certain study, visiting family or business purposes.
    • For up to three months on the Creative Worker visa concession.
    • To transit through the country.
  • Travelers will be exempt from ETA if they have a British or Irish passport; permission to live, work or study in the United Kingdom; or a visa to enter the United Kingdom.

Additional Information: ETA will be valid for two years (or to the expiration date of the applicant’s passport, if sooner) for multiple entry into the country. Individuals who are denied ETA must apply for a Standard Visitor visa, Temporary Work – Creative Worker visa or transit visa. More information regarding ETA is available here.

BAL Analysis: The Home Office is introducing ETA to increase border security and improve travel for those who do not need a visa to enter the country. ETA is set to replace the current Electronic Visa Waiver Scheme, which requires visitors to the United Kingdom from Gulf Cooperation Council countries to pay a higher cost for a single-use visit.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2023 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

The U.K. Home Office plans to introduce new restrictions to student visa routes to reduce migration.

Beginning in January 2024, authorities plan to:

  • Restrict the ability of foreign national students to sponsor family members under all immigration routes except for post-graduate research routes.
  • No longer allow overseas students to switch from the student visa route into work routes until their studies have been completed.
  • Review the funds students must have to demonstrate they can support themselves and their dependents while in the United Kingdom.
  • Impose limitations on international student agents who may be supporting applications illegally.

Additional Information: U.K. authorities do not plan restrictions on graduate visa routes at this time.

BAL Analysis: The new government restrictions to student visa routes aim to cut net migration by restricting the ability for international students to bring family members on all but post-graduate research routes and banning people from using a student visa to work in the United Kingdom.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2023 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.