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.

IMPACT — MEDIUM

U.K. immigration authorities released the 2022 global universities list used to select High Potential Individual visas.

Key Points:

  • The list of approved universities for those who graduated or are set to graduate between Nov. 1, 2022, and Oct. 23, 2023, is available here. Lists of approved universities for those who graduated from 2016 to 2021 are available on this website.
  • Qualifying foreign nationals can apply for a short-term work visa under the HPI program without having a job offer.
  • To be eligible to apply, applicants must have graduated from an eligible international university in the previous five years.

Additional Information: Education qualifications must be verified by Ecctis for applicants to be eligible for an HPI visa; information on how to verify qualifications is available here.

BAL Analysis: Those who are eligible to apply for an HPI visa should review the application instructions found on the Home Office’s website. Those who receive an HPI visa can work in the United Kingdom for two years (three years for those who hold a PhD) and can switch to other long-term employment visas.

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 has published a Statement of Changes to the U.K. Immigration Rules, expanding its visa-free entry program and amending the Hong Kong British National (Overseas) route.

Key Points:

  • Foreign nationals of Colombia, Guyana and Peru can now enter the United Kingdom as visitors for tourism and business purposes without needing a visa before departure.
  • Children of British National (Overseas) status holders can now apply independently for the British National (Overseas) route if they:
    • Have at least one British National (Overseas) parent.
    • Are at least 18 or older.
    • Were born on or after July 1, 1997.
    • Live in Hong Kong, the United Kingdom or certain British territories.

Additional Information: More information regarding updates to the U.K.’s immigration rules, including changes to the Ukraine Extension Scheme, the Seasonal Worker route and the Global Business Mobility routes, is available here.

BAL Analysis: BAL will continue to follow changes to the U.K. Immigration Rules routes 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.

The Home Office’s temporary COVID-19 right to work check measures are set to expire this week.

Key Points:

  • Beginning Oct. 1, employers will no longer be able to conduct right to work checks under the temporary COVID-19 policy. Instead, employers must conduct right to work checks using one of the following methods:
  • Employers do not need to conduct checks for existing employees from Switzerland, EU or European Economic Area (EEA) countries who came to the U.K. before July 1, 2021.
  • Employers do not need to conduct another check for those who were checked with the temporary COVID-19 measures between March 30, 2020, and Sept. 30, 2022 (inclusive).

Additional Information: If the job applicant or existing worker cannot show their documents, employers must contact the Home Office Employer Checking Service. If the individual has a right to work, a “Positive Verification Notice” will be sent which provides a statutory excuse for six months from the date of the notice.

BAL Analysis: Employers and employees will no longer benefit from the modified right to work check measures. Employers and employees are reminded that it is an offense to work illegally in the U.K. Individuals who are working illegally because of their immigration status may be subject to enforcement action. Employers could face a civil penalties for employing an illegal worker and not conducting a correct right to work check.

This alert has been provided by the BAL Global Practice group. For additional information, please contact berryapplemanleiden@al.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 has announced that it will issue electronic Apostilles for documents issued in the U.K.

Key Points:

  • Under a change that took effect Sept. 2, U.K. authorities are now accepting documents digitally and will issue electronic “e-Apostille” certificates.
  • To receive an e-Apostille certificate, applicants must upload signed documents using Advanced Electronic Signature or a Qualified Electronic Signature through this website.
  • Individuals still have the option to apply for a paper Apostille through post or courier services.

BAL Analysis: Before U.K. authorities offered electronic Apostilles, applicants were required to send their physical documents to the U.K. Legalization Office by post or courier for their documents to be legalized. U.K. authorities have made the electronic service available in order to simplify the Apostille process, making it cheaper, quicker and more efficient for those needing legalized documents.

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.

The Home Office began accepting applications for Scale-up visas on Aug. 22.

Key Points:

  • Foreign nationals who have a high-skilled job offer from an eligible business that satisfies the required salary level can apply for the Scale-up visa.
  • The Scale-up visa allows businesses to employ high-skilled individuals who will receive two years’ leave to remain in the U.K. without requiring further sponsorship beyond the first six months.
  • For at least half of the first two years, Scale-up workers must be employed on Pay As You Earn (PAYE) earning at least 33,000 GBP per year.
  • After the unsponsored extension application, a further three-years’ permission can be granted. The Scale-up worker must spend at least two of those three years employed on PAYE earning at least 33,000 GBP per year. After five years, they may qualify for permanent residence.
  • Information about which companies are considered scale-ups is available here.

Background: The Home Office introduced the Scale-up route along with the Global Talent Network and the Global Entrepreneur Program in October of last year in the 2021 Budget and Spending Review. More information regarding the Scale-up visa and its eligibility requirements is available here.

BAL Analysis: U.K. authorities launched the Scale-up visa to give high-growth companies greater flexibility to hire in-demand foreign talent while boosting the U.K’s labor pool. This alert has been provided by the BAL Global Practice group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2021 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

U.K. Visa and Immigration (UKVI) has reintroduced priority services for those applying for sponsored work and student visas from abroad.

Key Points:

  • As of Aug. 12, foreign nationals who are applying for sponsored work visas or student visas can purchase Priority Visa (PV) and Super Priority Visa (SPV) services.
  • PV and SPV are not available to those applying for Innovator, Start-up or High Potential Individual visas.
  • Applicants must purchase PV and SPV services online during the appointment booking process; they will not be able to purchase PV and SPV services after the appointment booking process or at the Visa Application Center.
  • PV and SPV services are not available at all UKVI locations; individuals should check this website for centers that are offering priority services.

Additional Information: Priority services for new family applications remains suspended; UKVI will provide an update when these services are resumed. More information regarding PV and SPV services is available here. Information on current visa processing times is available here.

BAL Analysis: U.K. authorities have reintroduced priority services work and student routes with intent to gradually reduce visa processing times for all applicants. Applicants should note that they will only be able to purchase priority services during the appointment booking process at participating UKVI locations.

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.

The Home Office has suspended its police registration requirement for foreign nationals.

Key Points:

  • Foreign nationals are no longer required to register with local police stations after entering the U.K. or changing their address.
  • Those who received an email or letter, or whose visa states that they must register at a police station, are no longer required to do so.
  • Individuals who registered with the police before the requirement was suspended no longer need to keep the police registration certificate.

BAL Analysis: U.K. authorities suspended the police registration requirement to streamline the entry process and remove burdens on foreign nationals having to appear in person to fulfil the requirement.

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.

The governments of New Zealand and the U.K. have updated their Youth Mobility Scheme (YMS) and Working Holiday Scheme (WHS) by 2024.

The countries have agreed to:

  • Increase the eligible age range from 18-30, to 18-35 for both YMS and WHS applicants.
  • Increase the length of stay from two years for YMS visas and 23 months for WHS visas to three years for both programs.
  • Extend the visa holders right to work for the full duration of the visa.
  • Place a 15,000 cap for U.K. nationals applying for the WHS.

Additional Information: More information on the YMS is available here. Information on the WHS is available here.

BAL Analysis: The improvements to the YMS and WHS will not be implemented until legislation has been passed. The governments of New Zealand and the U.K. have committed to implementing the changes by 2024 at the latest.

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.