IMPACT – MEDIUM

The Home Office has announced that it will ease its testing requirements for fully vaccinated travelers entering England.

Key Points:

  • Beginning Jan. 7, authorities will no longer require eligible fully vaccinated travelers and individuals under the age of 18 to take a pre-departure test or quarantine upon arrival.
    • Authorities will still require such travelers to take post-arrival tests.
  • Beginning Jan. 9, authorities will allow eligible fully vaccinated travelers and children over the age of 5 to take a rapid flow test instead of a PCR test upon arrival.
    • Travelers can begin booking their lateral flow tests on Jan. 7.
    • Those who receive a positive lateral flow test must quarantine and order a PCR test from this website.

Additional Information: Individuals can travel to England without qualifying as fully vaccinated but must follow modified entry rules. Under the Test to Release scheme, unvaccinated travelers can choose to pay for a private COVID-19 test on day five after arrival. If the result is negative and the result of the day two test result is negative, they can end their quarantine. Travel lists, entry restrictions and health protocols in Northern Ireland, Scotland and Wales may differ from those in England.

BAL Analysis: Travelers should check the territory-specific requirements before planning travel to the U.K. Employers and employees should continue to consult their BAL professional before planning international travel. The response to the COVID-19 pandemic continues to develop, and BAL will provide additional updates as information 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 has expanded its COVID-19 testing requirements for individuals traveling to England and updated its red list.

Key Points:

  • As of Dec. 7, all travelers who are 12 years or older, regardless of vaccination status, must have proof of a negative PCR or lateral flow device (LFD) test taken within 48 hours of departure to England.
    • Individuals are exempt from the testing requirement if they are traveling from Ethiopia, Ireland, Northern Ireland, Scotland and Wales, among other locations.
  • Individuals who have been in Angola, Botswana, Eswatini, Lesotho, Malawi, Mozambique, Namibia, Nigeria, South Africa, Zambia and Zimbabwe within 10 days of their arrival are barred from entering the country unless they:
    • Are a British or Irish national.
    • Have residence rights in the U.K.
  • More information on entry requirements for those eligible to travel to England from a red-list country can be found here.

Additional Information: Individuals can travel to England without qualifying as fully vaccinated but must follow modified entry rules. Travel lists, entry restrictions and health protocols in Northern Ireland, Scotland and Wales may differ from those in England.

BAL Analysis: Travelers should check the territory specific requirements before planning travel to the U.K. Employers and employees should continue to consult their BAL professional before planning international travel. The response to the COVID-19 pandemic continues to develop, and BAL will provide additional updates as information becomes available.

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.

The Home Office recently announced that beginning Nov. 22 it would accept all COVID-19 vaccinations approved by the World Health Organization’s Emergency Use Listing (WHO EUL).

Key Points:

  • Beginning Nov. 22, travelers eligible to enter England will be considered fully vaccinated if they received a WHO-listed vaccination at least 14 days before arrival.
  • To qualify for the fully vaccinated rules for entering England, individuals must have proof of full vaccination with a full course of an approved vaccine issued by:
    • The U.K. or U.K. overseas vaccination program.
    • The United Nations vaccine program.
    • One of countries listed here.

Additional Information: Individuals can travel to England without qualifying as fully vaccinated but must follow modified entry rules. Travel lists, entry restrictions and health protocols in Northern Ireland, Scotland and Wales may differ from those in England.

BAL Analysis: Travelers should check the specific requirements for their destination before planning travel to the U.K. The response to the COVID-19 pandemic continues to develop, and BAL will provide additional updates as information becomes available.

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

The Home Office has published its 2021 Budget and Spending Review, providing more information on its previously announced 2022 immigration plans.

Scale-up route:

  • This visa would give foreign nationals the ability to work and live in the U.K. without having to obtain a sponsorship.
  • Scale-up visa applications will be open in spring 2022 to applicants who:
    • Pass the relevant language proficiency requirement.
    • Have a high-skilled job offer from an eligible business with a salary of at least 33,000 British pounds.
  • Businesses are considered scale-ups if they can prove an annual average revenue or employment growth rate over a three-year period greater than 20% and have a minimum of ten employees at the start of the three-year period.

Global Talent Network:

  • The Global Talent Network intends to bring highly skilled workers to the U.K. in key science and technology sectors by working with businesses, overseas campuses, innovation hubs and research institutions across the globe.
  • Through the network, a concierge service will be available to foreign nationals needing support when moving to the U.K.
  • The network will launch in 2022 in the San Francisco Bay Area and Boston in the U.S. and in Bangalore, India.

Global Entrepreneur Program:

  • The government will maintain its expanded Department for International Trade Global Entrepreneur Program.
  • The program will continue to grow throughout 2022 and will bring 100 innovative, highly skilled entrepreneurs to the U.K. each year.

BAL Analysis: The immigration routes and plans are intended to improve the U.K. immigration system and help the U.K. compete in the global labor market. BAL will continue to monitor these 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 © 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 – HIGH

The Home Office implemented a new simplified travel system and modified the entry requirements for individuals traveling to England and removed countries from the red-list.

Red-list travel requirements:

  • Only British nationals, Irish nationals or those with residence rights in the U.K. will be allowed to enter England if they have been in a red-list country within 10 days of arrival.
  • Individuals who are able to enter England from a red-list country regardless of their vaccination status must:
    • Take COVID-19 test within three days before departure.
    • Book a quarantine hotel package and take two additional COVID-19 tests.
    • Complete the passenger locator form within 48 hours of arrival.
  • More information regarding red-list travel requirements can be found here.

Rest of world travel requirements:

  • Fully vaccinated individuals who are traveling to England from a country not on the red list must:
    • Book and pay for a COVID-19 test to be taken on or before day two of arrival.
    • Complete the passenger locator form within 48 hours of arrival.
  • Individuals who are not fully vaccinated and who are traveling to England from a country not on the red list must:
    • Take COVID-19 test within three days before departure.
    • Book and pay for two additional COVID-19 tests to be taken on or before day two and on or after day eight of arrival.
  • Quarantine for 10 days.
    • Complete the passenger locator form within 48 hours of arrival.
  • As of Oct. 11, the red list includes: Colombia, Dominican Republic, Ecuador, Haiti, Panama, Peru and Venezuela.

Additional Information: Children under the age of five who are traveling from a red-list country are exempt from testing requirements but must carry out the mandatory quarantine. Travel requirements for Northern Ireland, Scotland and Wales may be different than the requirements for England. More information regarding travel from a country not on the red list and who qualifies as fully vaccinated can be found here.

BAL Analysis: The Home Office intends to simplify the travel requirements for those traveling to the U.K. Travelers should check the territory specific requirements before planning travel to the U.K. The response to the COVID-19 pandemic continues to develop, and BAL will provide additional updates as information becomes available.

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.

The Home Office has updated its employer guidance for right-to-work checks for European Union Settlement Scheme (EUSS) applicants.

Key Points:

  • The updated guidance temporarily protects EUSS applicants and their family members who submitted applications after the June 30 deadline from losing their working rights and residence while the government processes their applications.
  • EUSS applicants and family members may now seek new employment while they wait for an application determination.
    • Before employment starts, employers should use the Employer Checking Service and the prospective employee’s Certificate of Application to confirm a valid application was submitted on or after July 1.
  • The guidance added more documents that EUSS applicants can use to meet the right to work requirements. The additions can be found in List B of Annex A here.

Additional Information: EEA citizens and family members must have valid immigration status in the U.K. From July 1, aside from Irish citizens, such individuals can no longer use their EEA passport or identity card to prove their right to work. Due to COVID-19, the Home Office has recently extended the temporary right to work check measures, allowing employers to continue checking right to work documents online.

BAL Analysis: Employers should review the recently published guidance and note the new acceptable documentation for right to work checks to ensure they are adhering to correct practices and procedures. BAL will continue to follow these changes 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 © 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.

The Home Office has published a Statement of Changes in the U.K. Immigration Rules outlining changes to its immigration system.

Key Points:

  • Beginning Oct. 1, European Economic Area and Swiss nationals will no longer be able to use national identity cards to enter the U.K. and will need to use a passport instead.
  • Beginning Oct. 6, all applicants who apply for any visa while in the U.K. must remain in the U.K., Ireland, Isle of Man or the Channel Islands from the date of submitting the online form until the application is decided.
  • Beginning Jan. 1, 2022, the Youth Mobility Scheme will be available to applicants from Iceland and India. There will be additional qualifying criteria for Indian applicants, including the need to have a degree level qualification or three years of skilled work experience.

Additional Information: The Home Office will provide additional updates and guidance on the new rules in the coming months.

BAL Analysis: Non-EU citizens with a Biometric Residence Permit (as well as EU citizens) applying for a Skilled Worker Visa or Student Visa from within the U.K. on or after Nov. 30, 2021, will be able to use the U.K. Immigration ID Check app. If they do, they will not need to attend an appointment and will receive a digital immigration status. BAL will continue to follow changes to the 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 © 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 – HIGH

The Home Office has extended the temporary right to work check measures until April. 5, 2022.

Key Points:

  • The temporary measures will remain in effect until April, 5, 2022. This means:
    • Checks can be conducted over video calls.
    • Job applicants and existing workers can send scanned documents or photos of documents for checks through emails or a mobile app. Original documents are not required.
    • Employers should use the Employer Checking Service if a prospective or existing employee cannot provide any of the accepted documents.
  • After April 5, 2022, employers must:
  • Employers do not need to carry out retrospective checks on those who had a COVID-19 adjusted check between March 30, 2020, and April 5, 2022 (inclusive).
    • It is still an offense to work illegally in the U.K.; any individual who is working illegally because of their immigration status may be subject to enforcement action.

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.

The Home Office has indicated it is developing a post-pandemic solution such that all employees will be able to demonstrate a right to work online. This would mean, for example, that British and Irish citizens would not need to provide their original documents and may mean the end of all physical document checks.

BAL Analysis: The extension of the temporary measures will benefit those who have been conducting modified right to work checks since March of 2020. However, employers are reminded to take note of the April 5, 2022, date for when temporary measures are set to end. BAL will continue to monitor right to work check measures 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 © 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.

The U.K. government recently announced that it would update the red, amber and green lists on Aug. 30.

Key Points:

  • Canada, Denmark, Finland, Liechtenstein, Lithuania and Switzerland will be moved to the green list on Aug. 30.
    • Individuals may travel to the U.K. if they have been in a green list country for at least 10 days.
    • Individuals traveling from green list countries must take a COVID-19 test within 72 hours of departure, schedule a COVID-19 test for day two of arrival and complete the passenger locator form.
  • Montenegro and Thailand will be moved to the red list on Aug. 30.
    • Individuals who have been in a red list countries with 10 days of intended travel to the U.K. are barred from entering the country unless they are British or Irish nationals or have residence rights in the U.K.
    • Individuals permitted to enter the U.K. from a red list country must take a COVID-19 test within 72 hours of departure, book a quarantine hotel package and complete the passenger locator form.

Additional Information: A number of countries are at risk of being moved to the amber list. Unvaccinated travelers from amber list countries must quarantine for 10 days; vaccinated travelers must take a COVID-19 test on or before day two of arrival.

BAL Analysis: The response to the COVID-19 pandemic continues to develop, and BAL will provide additional updates as information becomes available.

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.

In the recently published UK Innovation Strategy, the Home Office announced that two new immigration routes are forthcoming and that it will revitalize the Innovator route.

High-Potential Individual route:

  • This new route will make it easier for high-potential foreign nationals who have graduated from top global universities to enter the U.K. with no job offer.
  • The route will give individuals the ability to work, change jobs and contribute to the U.K. economy, as well as extend their visa to stay in the country.

Scale-up route:

  • This new route will allow foreign nationals with a high-skilled job offer from a designated scale-up business who meet the required salary level to enter the U.K.
  • Businesses are considered scale-ups if they can prove an annual average revenue or employment growth rate over a three-year period greater than 20% and have a minimum of 10 employees at the start of the three-year period.

Revitalized Innovator route:

  • Applicants will now only need to show that their business venture is innovative, has a high potential to grow and adds value to the U.K.
  • Applicants will no longer be required to have GBP 50,000 in investment funds to apply through the Innovator route.
  • Applicants that have been accepted on the Global Entrepreneur Program will be automatically eligible for this route.

Background: The U.K. says it is promoting innovation to enhance productivity across its economy and bring jobs, growth and prosperity to the entire country. The U.K. Innovation Strategy outlines how the government will accomplish these goals by bolstering businesses, people, institutions and technologies. More information on the U.K. Innovation Strategy can be found here.

BAL Analysis: The new immigration routes are designed to improve the U.K. immigration system and compete in the global labor market. BAL will continue to monitor the implementation of these routes and will provide additional 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 © 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.