Laura Devine on impact of proposed immigration system following White Paper
Laura Devine on impact of proposed immigration system following White Paper
21 December 2018
Controversial changes to the immigration rules will not happen if the UK has a no-deal Brexit. Managing partner, Laura Devine, discusses the Government’s White Paper on the UK’s proposed future immigration system in The Law Society Gazette.
Read the full article here.
Immigration White Paper published
Immigration White Paper published
21 December 2018
The long-awaited Immigration White Paper, which the Home Secretary has described as the ‘biggest shake-up’ in immigration policy in 40 years, has finally been published this week after an 18-month delay.
The paper sets out the vision for the UK’s future immigration system, to come into effect when free movement ends at the end of the proposed transitional period (31 December 2020).
Summary of proposals
Key features of the new immigration system
- the new system will not differentiate between EU and non-EU migrants – in principle a single system will apply to all, however certain flexibilities may apply to some nationals in accordance with trade agreements and/or on a risk analysis basis;
- it is due to be implemented in a phased way between now and the end of the transition period, with some changes expected to commence from Autumn 2020 to allow migrants time to apply;
- the rhetoric of the ‘tens of thousands’ net migration target has been replaced by reference to ensuring ‘sustainable levels’ of net migration.
Skilled and highly-skilled workers
- skilled (RQF levels 3-5) and highly-skilled (RQF levels 6-8) workers, including EU nationals will be brought into a route akin to Tier 2. This route will continue to require sponsorship by employers as well as being subject to current minimum salary levels of £30,000 (minimum salary to be reviewed as part of a future consultation);
- the annual cap of 20,700 for highly-skilled migrants will be removed; and
- the resident labour market test (RLMT) will be removed.
Short-term and low-skilled workers
- a time-limited transitional measure allowing for short-term and low-skilled workers from certain ‘low-risk’ nationalities, including EU nationals, to come the UK for up to 12 months is being introduced; and
- migrants in this category will not be able to switch into a different immigration route, bring dependants or apply for settlement and will be subject to a 12-month cooling-off period once they leave the UK at the end of their 12-month stay.
Visitors
- EU nationals will not be required to obtain prior permission to enter the UK for short-term tourism and business travel (subject to the EU agreeing reciprocal arrangements);
- EU nationals will be subject to the current visitor rules allowing entry of up to six months, including undertaking permitted paid engagements (PPE).
Students
- master’s degree and bachelor’s students at institutions with degree-awarding powers will be allowed six-month post-study leave to find skilled employment, with those who have completed a PhD getting a year; and
- students studying at bachelor’s degree level or above will be allowed to switch to the skilled employment route up to three months before they finish their studies in the UK and up to two years after graduation if applying from outside of the UK.
Family migration
- changes are expected to ‘strengthen’ the English language requirement as well as to ‘refresh’ the Life in the UK test to reflect better modern British values.
White Paper and EU Settlement Status Scheme seminar
Laura Devine Solicitors intends to host a client seminar on the provisions of the White Paper as well as an overview of the EU Settlement Scheme with further details to be announced due course. To register your interest to attend this event, please contact events@lauradevine.com.
Tier 1 (Investor) suspension: suspended
Tier 1 (Investor) suspension: suspended
14 December 2018
The Government announced a U-turn on the suspension of the Tier 1 (Investor) route last week. The suspension has been cancelled until further notice.
The Government has announced that it remains committed to reforming the Tier 1 (Investor) route, with comprehensive changes to the origin of funds evidence and the permitted forms of investment expected to come into effect from spring 2019. Whilst the route remains open for initial applications, it is expected that these may be subject to additional scrutiny and potential delays.
Migrants already in the route and applying for extension and indefinite leave to remain (ILR) are not expected to be affected by the proposed changes.
The government is expected to publish a Statement of Intent inviting feedback on the proposals before the changes are implemented. Laura Devine Solicitors (LDS) will participate in the consultation with further details about the process to be announced once the Statement of Intent is published
Contact us
If you have any queries in relation to any of the changes, please contact your usual LDS lawyer or here.
Brexit: EU citizens rights in the event of a ‘no deal’ scenario
Brexit: EU citizens rights in the event of a ‘no deal’ scenario
7 December 2018
With parliament due to vote next week on the draft Withdrawal Agreement, the Government has at last published its proposals for EU citizens rights in the event of a ‘no deal’ Brexit.
| Date residence commenced | Rights after Brexit |
|---|---|
| By 29 March 2019 | Ongoing right to live and work in UK, eligible under EU Settlement Scheme. |
| 1 April 2019 – 31 December 2020 | Able to come to UK to live/work until 31 December only – after which must meet the Immigrations Rules to remain. |
| From 1 January 2021 | No EU right, must meet the Immigration Rules. |
Key provisions
- EU citizens (and family members) who are residing in the UK by 29 March 2019 will be permitted to remain in the UK after Brexit and must apply under the EU Settlement Scheme (EUSS) if they wish to remain beyond 31 December 2020. Under the EUSS (which has been operating in a pilot phase since 28 August 2018), those EU nationals with 5 years’ residence in the UK should be granted ‘settled status’ (indefinite leave to remain) and those with less than 5 years’ residence receive ‘pre-settled status’ (temporary leave to remain to enable them to accrue the 5 years required for settlement).
- EU citizens (and family members) may come to the UK between 1 April 2019 – 31 December 2020 to live/work but, in contrast to the draft Withdrawal Agreement, they will NOT be able to apply under the EUSS to remain – this means that by 31 December 2020, they must either apply under the Immigration Rules (in the same way as non-EU applicants) or leave the UK
- Applications under the EUSS must be submitted by 31 December 2020 – a shorter deadline than under the draft Withdrawal Agreement (30 June 2021).
- The EUSS will continue to require simple residence in the UK (rather than proof of exercise of ‘Treaty rights’ (eg work, study, self-sufficiency) required under EU law).
- For family members subsequently joining a ‘settled’ EU national:
- a new cut-off date of 29 March 2022 will be introduced for applications from close family members to join EU nationals with settled status, where the relationship existed by 29 March 2019 (except for children born overseas after this date);
- a cut-off date of 31 December 2020 will apply to spouses/partners where the relationship began after exit, and to other dependant relatives;
- family members not meeting the above will be required to apply under the UK Immigration Rules (for example currently requiring a minimum income of £18,600 per annum or savings of £62,500 for spouse/partner applications).
- There will be no right of appeal (only administrative review or judicial review as remedies to challenge a refusal under the scheme).
- It will be made easier to remove EU nationals convicted of minor crimes – the higher EU threshold would continue to apply to crimes committed before exit, but the lower UK threshold will apply to crimes committed after 29 March 2019.
Brexit Services
We offer a wide range of Brexit-related services, including seminars, Brexit ‘surgery’ sessions and detailed briefings providing advice to businesses and employees.
If you would like to know more about how we can help your business prepare for Brexit, please contact your usual LDS lawyer or EUenquiries@lauradevine.com.
Anastasia Tonello comments on new restrictions for L-1 visa applications
Anastasia Tonello comments on new restrictions for L-1 visa applications
6 December 2018
Managing Partner and Head of US Practice Anastasia Tonello spoke to Bloomberg Law regarding a new provision of the L-1 visa category. The category is designed to enable companies to transfer executives, managers, or employees with specialised knowledge.
The new provision will impact companies with employees who have been in the US for part of their qualifying one year of employment with the overseas company. This is the case even if the employee has been paid by the overseas company and has reported directly to the overseas company while spending time in the US, and even impacts employees who have spent time on holiday in the US during the qualifying period.
Anastasia notes the negative effect this new provision will have on companies looking to transfer highly skilled employees to the US, as well as knock-on negative ramifications for US businesses. She also highlights this change in policy as yet another move by US Citizenship and Immigration Services to “close off any discretion”.
Read the full article here.
Tier 1 (Investor) route suspended
Tier 1 (Investor) route suspended
6 December 2018
The Government announced today that the Tier 1 (Investor) route will be suspended for new applications from midnight tonight until further notice in 2019. A significant overhaul is expected, including applicants being required to provide comprehensive audit trails showing the origin of their investment. Changes are also expected to the permitted forms of investment, including the removal of government bonds and instead requiring applicants to invest in active and trading UK registered companies.
Existing Tier 1 Investors
The suspension should not affect Tier 1 (Investor) applications which have already been submitted and are pending a decision. The suspension is only in relation to new initial applications; Tier 1 (Investor) extension and indefinite leave to remain (ILR) applications should not be affected.
If you have any queries in relation to any of the changes, please contact your usual LDS lawyer or here.
LDS shortlisted for 2019 Citywealth Magic Circle Awards
LDS shortlisted for 2019 Citywealth Magic Circle Awards
3 December 2018
We are pleased to announce that Laura Devine Solicitors have been shortlisted as one of the finalists for the 2019 Citywealth Magic Circle Awards in the categories of Immigration Law Firm of the Year and Lawyer of the Year.
Nominations are shortlisted by a judging panel of global industry experts and winners selected by online voting. We are now at the online voting stage and would appreciate all support for votes using this link.
The Citywealth Magic Circle Awards are held annually and celebrate the best advisers in the industry. Voting closes on Wednesday 12 April 2019.
Anna Robinson speaks on wellbeing in the legal workplace panel
Anna Robinson speaks on wellbeing in the legal workplace panel
27 November 2018
Senior solicitor, Anna Robinson, speaks on panel discussing barriers to wellbeing in the legal workplace and how changes in operations, culture and leadership are needed to create a mentally healthy workplace and remove stigma around mental health.
Read the full article here.
Sophie Barrett-Brown speaks to BBC5 Live on rights of EU and UK citizens post-Brexit
Sophie Barrett-Brown speaks to BBC5 Live on rights of EU and UK citizens post-Brexit
26 November 2018
Senior Partner and Head of the UK Practice of Laura Devine Solicitors (LDS) in London, Sophie Barrett-Brown, discusses the rights of EU citizens living in the UK, and British citizens living in the EU post-Brexit with BBC5 Live.
Listen to the discussion on the BBC Website. Skip to 1:06 minutes for Sophie’s comments.
Zeena Luchowa quoted in Financial Times article
Zeena Luchowa quoted in Financial Times article
23 November 2018
In preparation for its expected launch in March the Home Office is trialing a new smartphone app which aims to help European citizens apply to live and work in the UK post Brexit with a small number of universities and NHS trusts in the north-west of England. Senior solicitor, Zeena Luchowa, is quoted in the Financial Times piece today discussing the new technology “The app is good in theory for those with regular employment but for those that don’t quite fit that category [self-employed people or those in irregular employment], it’s not clear how they’ll cater to individuals with those applications.”
