IMPACT — MEDIUM

The Home Office expects a workers’ strike will cause processing delays for those renewing their passports from April 3 to May 5.

Key Points:

  • The proposed strike will impact passport renewal offices in England, Scotland and Wales, including the offices in Durham, Glasgow, Liverpool, London, Newport, Peterborough and Southport from April 3 to May 5.
  • Passport offices in Northern Ireland have yet to announce if they will join the coordinated strike.
  • Individuals can renew their passports online through this website.
  • The strikes are set to end on May 5.

BAL Analysis: Those trying to renew their passports during the strike should expect significant delays. Individuals with urgent travel needs should renew their passports as soon as possible.

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 that it will lift its COVID-19 testing requirements for those traveling from mainland China.

Key Points:

  • Beginning April 5, travelers from mainland China, including those traveling from China through Hong Kong and Macao, are no longer required to have proof of a negative COVID-19 test to enter England.
  • Individuals whose flights arrive to England before 11:59 BST on April 4 must have proof of a negative COVID-19 test taken within 48 hours before arrival.
  • Testing requirements may differ for those traveling to Northern Ireland, Scotland and Wales; travelers should refer to the respective government websites for specific requirements.
  • More information regarding COVID-19 travel guidance to England is available here.

BAL Analysis: The Home Office implemented the testing measures in January amid a surge in COVID-19 cases in China. The government said that COVID-19 has returned to a normal level in China and adjusted its response to the COVID-19 virus as needed.

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 has announced that it will require travelers who do not need a visa to apply for Electronic Travel Authorization.

Key Points:

  • Beginning Nov. 15, Qatari nationals will need to apply for ETA through the U.K. ETA app or through this website.
  • 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 all 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 U.K.:
    • For up to six months for tourism, visiting family, business purposes or school.
    • For up to three months on the Creative Worker visa concession.
    • To transit through the country.
  • Travelers will be exempt from the ETA requirement if they have a British or Irish passport; permission to live, work or study in the U.K.; or hold a visa to enter the country.

Additional Information: ETA will be valid for two years for multiple entries 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 U.K. 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.’s Migration Advisory Committee announced a Call for Evidence in its review of the Shortage Occupation List.

The Call for Evidence seeks to gather employers’ views on:

  • Whether the salary requirement for occupations on the Shortage Occupation List should be whichever is higher of the going rate (rather than 20% less than the going rate) or £20,480, subject to a minimum of £10.10 per hour.
  • Which occupations on the current Shortage Occupation List should be included or removed.
  • Which occupations should be added to the Shortage Occupation List at various skill levels (based on evidence).

Employers’ should submit their evidence before May 26. More information regarding the Call for Evidence is available here.

Additional Information: The MAC considers the data and qualitative evidence from stakeholders and compiles a recommended list of occupations for the Shortage Occupation List; however, the Home Office has the final authority in deciding which occupations are selected. The £20,480 minimum threshold is likely, subject to Parliamentary approval, to be increased to £20,960 as part of the Immigration Rules changes expected on March 9.

BAL Analysis: The Call for Evidence allows employers to provide evidence to include certain occupations on the Shortage Occupation List and to provide evidence of conditions limiting access to foreign workers of all skill levels. Stakeholders are reminded that they must respond to the Call for Evidence before May 26.

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 recently resumed priority services for new marriage and family visa applications.

Key Points:

  • As of Feb. 20, individuals can now use priority services when submitting new marriage and family visa applications.
  • Family visa applications submitted with priority services will be processed in 30 business days instead of 60 business days.
  • Fees are higher for priority services. More information regarding the resumption of priority services for new marriage and family visa applications is available here.

BAL Analysis: The Home Office resumed priority services for the first time since the start of the war in Ukraine to reduce backlogs for eligible visa applicants.

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 expects a workers’ strike will cause processing delays at land border crossings, airports and U.K. ports of entry beginning Feb. 1.

Key Points:

  • Beginning Feb. 1, travelers should expect significant delays when crossing land borders or entering the country through airports or maritime points of entry.
  • The proposed strike will impact international arrivals at all U.K. air and maritime ports as well as those traveling to the U.K. through U.K. border controls in Calais, Dunkirk and Coquelles in Northern France.
  • The Home Office encourages travelers to use eGates if they are eligible to minimize delays.
  • The strikes are due to end at 7 a.m. on Feb. 2.

Additional Information: Travelers can check airport websites before traveling for the latest information related to possible delays caused by the strike.

BAL Analysis: Those with planned travel to the U.K. from Feb. 1-2 should check the latest travel advice before traveling.

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 recently announced that the Asia-Pacific (APAC) Youth Mobility Scheme ballot will open on Jan. 17.

Key Points:

  • Beginning Jan. 17, travelers ages 18 to 30 from Hong Kong (who hold a Special Administrative Region passport), Japan, South Korea or Taiwan can apply for the Youth Mobility Scheme ballot.
  • The ballot window will be open for 48 hours until Jan. 19, 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.
  • Travelers who are selected in the first ballot can apply under the scheme; individuals who are not selected in the first ballot can apply again during the second ballot in July 2023.
  • 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, the availability of these visas is limited to 800 ballot places per country/region. Successful applicants should receive an email by Jan. 20. Those interested in the Youth Mobility Scheme should apply again in July if they are not selected in the first ballot.  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 that it will increase the minimum wage by more than 9% in April 2023.

Key Points:

  • The United Kingdom’s hourly national minimum wage will increase from £9.50 to £10.42 for workers over the age of 22.
  • The new minimum wage will take effect April 1, 2023.
  • The new minimum wages for those under the age of 23 are available here.

Additional Information: The minimum wage is relevant to all workers in the United Kingdom, whose wages cannot be lower than the minimum wage. Foreign workers must be paid above the minimum wage.

BAL Analysis: Businesses may see a slight increase in labor costs because of the new minimum wage. Employers should take the new wage minimums into account when planning their 2023 budgets.

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

Copyright © 2022 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 governments of Switzerland and the U.K. have extended their Services Mobility Agreement until January 2026.

Key Points:

  • The SMA was extended until Dec. 31, 2025, allowing U.K. professionals and other service workers to freely travel to Switzerland and work without a visa for up to 90 days each calendar year.
  • U.K. nationals under the SMA working on assignment will continue to be able to do business as they do now and will not face economic interest tests, need work permits or face lengthy processing times for the first 90 days in Switzerland if the assigning entity can register them online.
  • Service providers from Switzerland, including eligible employers, companies or those who are self-employed, will be able to execute contracts in the U.K. for a period not exceeding 90 days per calendar year. The U.K. Immigration Rules regarding the agreement are available here.
  • This SMA does not allow for dependents to accompany or join the service provider from Switzerland in the U. K.

Background: Having provisionally been in effect since Jan. 1, 2021, the SMA maintains ease of access for service providers following the end of the free movement of persons between Switzerland and the U.K. following the U.K.’s withdrawal from the EU. It regulates market access and temporary stays for service providers, such as business consultants, IT experts and engineers.

BAL Analysis: The extension of the SMA between the U.K. and Switzerland is positive news, as it will allow certain professionals and other services workers to continue traveling freely between the two countries to work without work permit approval for up to 90 days a year. This extension gives businesses flexibility when conducting business or providing services between Switzerland and the United Kingdom without complications and delays that would be applicable if an individual required a work permit in either country.

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

Copyright © 2022 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 provided updated guidance for employers sponsoring foreign nationals through the Worker and Temporary Worker immigration programs.

Key Points:

  • Foreign nationals may begin working in their sponsored employment before the start date recorded on their Certificate of Sponsorship (CoS) as soon as they have permission to enter the United Kingdom.
  • Employers no longer need to report a start date delay if the new start date is within 28 days.
  • If the start date is delayed by more than 28 days, employers must report this delay to the Home Office within 10 working days after the 28-day period or end the sponsorship of the foreign national.
  • Acceptable reasons for a delayed start of more than 28 days include travel delays due to a natural disaster, military conflict or pandemic; the worker is required to complete a contractual agreement for their previous employer; the worker requires an exit visa from their home country, and there have been administrative delays in processing it; or illness, bereavement or other compelling family or personal circumstances, among other reasons.

Additional Information: Once a worker receives permission to enter the United Kingdom, they should normally start their sponsored employment within 28 days after the start date on their CoS; the “valid from” date on the worker’s entry clearance vignette; or the date the worker is notified of a grant of entry clearance or permission to stay, whichever is later.

BAL Analysis: BAL will continue to follow changes to U.K. immigration rules 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 © 2022 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.