Personal service
SEPTEMBER 2019
Our regular round-up of changes and planned amendments to UK visa and immigration rules, plus a summary of related information from around the world
COMMENTARY
Welcome to the latest edition of ‘Vignette’ – our regular round-up of news relating to visas and immigration for the UK and a selection of important stories globally.
In this edition, there is plenty to consider as the UK’s post-Brexit immigration policy starts to look more concrete. A much more open approach, designed to attract – and retain – skilled workers and students from all over the world is at the core of the latest proposals.
For people already in the UK and seeking to extend their visas, there has been more frustration with unavailability of appointments at the UKVCAS centres and we are hearing anecdotally of some significant issues with document scanning prior to visits to overseas centres.
We have begun (in a very small way!) to introduce some success stories relating to the cases we have successfully concluded this month – primarily to show the breadth of work we do. We hope to expand on this in future editions.
Finally, in response to many client requests, we have entered into a new, informal arrangement with a US law firm to whom we can refer complex cases and improve the service we offer for people wishing to work or live permanently in the USA. Based on early feedback, this is likely to prove popular!
We would be delighted to expand on the above or any other items in this newsletter – or of course to provide advice on any other aspect of immigration to the UK or globally.
Please feel free to contact me by phone or email at any time – or via our website at www.i-vars.com
Chris Mills
01908 470859 | chris.mills@i-vars.com
September 2019
UK VISAS & IMMIGRATION
Post-Brexit Immigration System
As reported here in recent months, the Government is pressing ahead with its plans for the revised immigration system to be introduced after Brexit (probably in January 2021).
Headlines include creating a single system which applies to all nationalities, removing the current cap for Tier 2 Skilled workers; broadening the skill levels for Tier 2 down to AQF3 (A Level, rather than degree standard) and potentially removing the ‘cooling off period’ for Tier 2 ICT workers at the end of their period of sponsorship.
A series of transitional measures is also likely to be introduced for both workers and visitors from the EU.
However, the Government has also announced stricter border controls and other measures which will be introduced after October 31st (current Brexit date). These include:
• removing the blue EU customs channel
• reintroducing blue UK passports
• removing the rights to permanent residence under EU law for people arriving in the UK after Brexit
New Fast-Track Visa for Top Scientists
UK Prime Minister Boris Johnson has instructed the Home Office and the Department for Business, Energy and Industrial Strategy to work with the scientific community to develop a new fast-track visa route for the ‘brightest and best’, with a view to launching it later this year.
The fast-track immigration route will be designed to attract elite researchers and specialists in science, engineering and technology, from maths Olympiads at the very start of their careers to the winners of internationally recognised prizes and fellowships.
Under consideration are the following:
• abolishing the cap on numbers under the Tier 1 Exceptional Talent Visas
• expanding the pool of UK research institutes and universities able to endorse candidates
• creating criteria that confer automatic endorsement, subject to immigration checks
• ensuring dependents have full access to the labour market
• removing the need to hold an offer of employment before arriving
• accelerated path to settlement
• expanding the pool of UK research institutes and universities able to endorse candidates
• creating criteria that confer automatic endorsement, subject to immigration checks
• ensuring dependents have full access to the labour market
• removing the need to hold an offer of employment before arriving
• accelerated path to settlement
EU Settlement Scheme Processing
The Government has published its latest statistics on EU Settlement applications.
As of September 2019, over 1.5 million applications have been received and 1.1 accepted to date. The biggest national group so far has been from Poland.
The ‘Employer Toolkit’ relating to EU Settlement was also updated on September 20th. Here is a link to the latest version:
https://www.gov.uk/government/publications/eu-settlement-scheme-employer-toolkit
Stricter Document Retention Rules for Sponsors
The Home Office has introduced new guidance relating to documents which must be retained by Tier 2 and Tier 5 employers.
The changes relate specifically to the start date for workers – which must not be before the ‘valid from’ date of their work visa. If people have entered the UK before this date (which is acceptable), Employers need to keep a record of their arrival. This can be additionally complicated by workers who are able to use ‘ePassport Gates’ and employers need to find other evidence to support entry and start dates.
Similarly all documents must be retained for a minimum of a year after sponsorship of specific candidates ends – or until a compliance inspection has been completed.
The register of approved Sponsors has recently been updated.
Changes To Shortage Occupation Lists
The planned amendments to the Shortage Occupation list for Tier 2 Skilled Workers came into force on September 9th, adding a number of occupations, including web designers and vets.
In concurrent changes to the Immigration Rules, all PhD-level occupations have also been removed from the Tier 2 (General) cap.
Post-Study Work Visas
The Government has announced plans for a new post-study work visa, to be introduced in September 2020.
This appears to be a similar scheme to one which was scrapped some years ago and is likely to allow graduates a period of two years in which to find (or seek) work – which may then lead to a Tier 2 (or other) longer-term visa.
Tier 1 (Exceptional Talent) Visas
The codes of practice for the Designated ‘Competent Bodies’ (who endorse candidates for this visa) have been revised and updated, as has the decision review form (for use by candidates wishing to appeal against a decision)
INTERNATIONAL UPDATE
Australia - Latest on Changes to General Skilled Migration
The deadline for final applications under the 489 (Regional Provisional visa) scheme has now passed and first applications for the new 491 visa can be made from November.
Under this visa, the points awarded under a variety of categories (including nomination, sponsorship, partner qualifications and certain academic qualifications) all change.
A revised list of skilled occupations eligible under the scheme is also due to be published soon. The minimum points qualification was raised from 60 to 65 earlier this year.
Canada - Global Talent Occupations List Updated
The Canadian Government has updated its list of skilled occupations eligible for skilled workers from overseas. Amongst occupations added are computer network technicians, while some jobs in engineering and architecture are amongst those removed.
Minimum earnings levels have also been adjusted.
China - New Policies To Attract Overseas Workers
China introduced a raft of new policies in August designed to make the country more attractive to foreign talent.
These included:
• easier access to permanent residence
• more visas eligible for long-term residence
• easier pathways for foreign students
• establishment of new professional centres to provide assistance to foreigners in assimilating to China – and finding ways to remain if applicable
Ireland - Updates to Conditions For Skilled Workers
The Irish Government has introduced a series of changes to the eligibility criteria for foreign workers, including:
• changes to salary thresholds
• changes to advertising periods for Labour Market Needs tests
• changes to passport validity minima for applicants
OTHER NEWS
Events of Interest
EPC Conference on Future EU Migration Policy - Helsinki, October 2019
Latest Guides from International Visas
We publish and update guides to a variety of UK visas and these are available free of charge to our customers.
In the past month we have published the following:
• Tier 1 Exceptional Talent
• Tier 1 Investor
• Start-Up & Innovator
If you would like a copy of any of the above or a guide on any other UK visa please get in touch
Success Stories
We’re often accused of not celebrating our successes as much as we should – and we’ll do better! For now, here’s a small selection of cases we have successfully concluded this month:
• Mrs NC – family settlement from South Africa
• C Group – renewal of Employer Licence
• TM – EU Settlement
• SK – citizenship
• AE – Australian Partner visa
• CM – Tier 1 Exceptional Talent
• NP – FLR (family life)
• AL – Representative of Overseas Business
• AN – ILR (from Tier 2)
• GS – Adult Dependant Relative
More detailed cases next time!
New Partnership
We have entered into an informal arrangement with renowned US law firm Ellis Porter to refer complex immigration cases to them in order to provide a seamless service for our clients who wish to explore the possibilities of moving to the USA, either for work or to join family.
Please contact us if this is of interest.
