Senior Solicitor promotions
Four Senior Solicitors promoted to Associate Partner
30 June 2022
Laura Devine Immigration is delighted to announce the promotion of the following Senior Solicitors to Associate Partner from 1 July 2022: Francesca Sciberras, Matthew Wills, Nicolette Bostock and Zeena Luchowa.
Francesca, Matthew and Nicolette trained at LDI while Zeena joined the LDI team in 2015 as a solicitor. All four are recognised in the legal directories for their UK immigration expertise and this promotion is a recognition of their remarkable contribution to the firm and immigration law more generally.
Speaking of the promotion, Matthew Wills said: “I am delighted to be offered the role of Associate Partner and am thoroughly looking forward to the opportunity to contribute to the continued development and progress of the firm in the coming years.”
Right-to-work checks: British and Irish citizens
How to conduct a right-to-work check on British and Irish citizens
30 June 2022
Since 6 April 2022 there are three ways to conduct a right-to-work check on a new joiner who holds British or Irish citizenship:
- an in-person manual right-to-work check using original documents;
- a remote manual right-to-work check (up to 30 September 2022); and
- a digital right-to-work check using a third party identity service provider (IDSP).
This video sets out the steps to be followed for each one of these check methods.
Get in touch
To learn more about forthcoming changes to UK immigration law, see our website, contact your assigned LDI lawyer or email enquiries@lauradevine.com.
Digital-only immigration status
Digital-only immigration status: dynamic or discriminatory?
30 June 2022
The UK government has set out its intention to digitise the country’s immigration system. This includes the introduction of digital-only immigration status and the removal of physical status. Whilst the Home Office has promised a quicker, more secure and cost-effective system, critics have argued that the shift towards digital-only status is discriminatory.
Move towards digital immigration system
European Union Settlement Scheme
The UK’s withdrawal from the European Union Settlement Scheme (‘EUSS’) marked a turning point in the digitisation of immigration status. Under the scheme, millions of EU, EEA and Swiss nationals have been granted digital-only immigration status.
In addition, for the first time, individuals were able to make an online application and submit their biometric information using an app (rather than attending an in-person biometric appointment at a UKVCAS centre). The digital nature of the EUSS proved vital in the wake of the COVID-19 pandemic. As UKVCAS centres across the country closed, individuals were still able to submit their biometric information using the EU Exit: ID Document Check app. Inspired by the success of the EUSS, the Home Office introduced two other identity verification (‘IDV’) apps, UK Immigration: ID Check app and UKVCAS IDV app, for other types of UK immigration applications.
Right-to-work and rent checks
Right-to-work and rent checks are also undergoing a digital transformation. Since 6 April 2022, employers and landlords must conduct an online right-to-work and rent check on individuals holding a biometric residence permit (‘BRP’), biometric residence card (‘BRC’) and Frontier Worker permit (‘FWP’). It is no longer permissible to conduct a manual right-to-work or rent check on such individuals. In addition, the Home Office has introduced a digital right-to-work and rent check service for British and Irish nationals. Employers and landlords can now use an identity service provider (‘IDSP’) to conduct such checks using identity validation technology (‘IDVT’). Unlike for BRP, BRC and FWP holders, manual checks are still permitted for British and Irish nationals.
Electronic Travel Authorisation scheme
The government’s plans for digitisation extend to its borders, which it intends to be fully digital by 2025. The Nationality and Borders Act 2022 has amended the Immigration Act 1971 to provide for the introduction of electronic travel authorisation (‘ETA’) for non-visa nationals.
Concerns over digital-only status
The move towards a digital-only status has been met with strong opposition. In R (The3Million Ltd) v Secretary for the Home Department, the grassroots organisation argued that the UK government’s policy of digital-only status for those granted pre-settled or settled status under the EUSS was discriminatory. In particular, the3million claimed that the policy failed to provide equal opportunities to protected groups on the grounds of disability, age and race. It said that approximately 13,500 individuals over the age of 65 did not have access to the internet, 92,400 disabled individuals were unable to use the internet and 66,000 Roma people were affected. The High Court ultimately refused to give permission for a judicial review challenge of the policy as it had not yet come into effect and was therefore “premature”. The3million is still campaigning against the policy and has set out its proposal on how to “fix” it.
Separately, the Joint Council for the Welfare of Immigrants published an article summarising the risks of digital-only immigration status. It said: “a digital-only status, that provides migrants with no physical documentation risks allowing the Home Office to ‘switch off’ a person’s status and entitlement to services when it decides – rightly or wrongly – that a person no longer has the right to be in the UK.”
In June 2022, the government suffered a defeat after a majority in the House of Lords voted in a Motion of Regret over proposals to scrap physical immigration status in favour of digital-only immigration status. There were concerns over technological inconvenience, complexities, and inaccessibility. Nicholas Trench, The Earl of Clancarty, said: “a digital-only for immigration status ignores real life, it ignores real experience, it ignores real people.”
Digital-only statuses would also strip individuals to whom physical status may be very important – such as those who have been stateless, suffered from modern slavery or been trafficked – of their physical status.
Home Office response
In its “Digital only right to work and rent checks: equality impact assessment”, the Home Office acknowledged the potential for certain groups of people to be indiscriminately discriminated against by the rollout of digital-only right-to-work and rent checks. However, it concluded that this risk could be mitigated against by providing support for those individuals using online services and guidance for employers and landlords. This response suggests that, despite the criticism, the Home Office is intent on implementing a fully digital immigration system. It remains to be seen, however, whether further legal challenges will prevent the realisation of its ambition.
Get in touch
To learn more about forthcoming changes to UK immigration law, see our website, contact your assigned LDI lawyer or email enquiries@lauradevine.com.
Robert Greene
Paralegal
Masha Vukicevic
Paralegal
Scale-up route to launch on 22 August 2022
Scale-up route to launch on 22 August 2022
27 June 2022
The Scale-up route is a new business immigration category which is set to launch on 22 August 2022. The new route is aimed at highly-skilled individuals who can support the growth of UK scale-up businesses. Applicants may make a Sponsored Application with a UK Scale-up Sponsor, or, where they have previously held permission as a sponsored Scale-up worker, an Unsponsored Application. Individuals applying for this route will be granted entry clearance or permission to stay for two years if sponsored, and three years if unsponsored. Time spent in the Scale-up route counts towards settlement.
The Scale-up route is part of the UK government’s aim to promote fast-growing innovative companies and businesses. Rishi Sunak has emphasised the importance of a new route that will make “it quicker and easier for fast-growing businesses to bring in highly skilled individuals” to the UK.
Who can apply for the Sponsored Application?
To make a Sponsored Application, the applicant must satisfy the following requirements:
- be aged 18 or over;
- hold a valid Certificate of Sponsorship (CoS) issued by a UK Scale-up Sponsor (confirming that the applicant shall be sponsored for at least six months) ;
- have a job that is genuine;
- have a job at the appropriate skill level (RQF level 6, equivalent to a Bachelor’s degree);
- satisfy the salary requirement of a salary equal to or exceeding all of the following: £33,000 per year; £10.58 per hour; and the “going rate” for the role;
- meet the English language requirement (level B1);
- not rely on public benefits; and
- provide a medical certificate with a valid TB screening, if required.
Who can apply for the Unsponsored Application?
Individuals who have previously been granted entry clearance as a sponsored applicant can make an Unsponsored Application. Applicants must satisfy the following requirements:
- be aged 18 or over;
- have previously been granted permission as a Scale-up worker;
- have earned monthly PAYE earnings equivalent to at least £33,000 per year during for at least 50% of their permission as a Scale-up worker;
- have met the English language requirement (level B1);
- not rely on public funds; and
- provide a medical certificate with a valid TB screening, if required.
Requirements to become a Scale-up Sponsor
In order become a UK Scale-up Sponsor, businesses must demonstrate three years of annual average revenue or employment growth of 20% in addition to employing at least 10 individuals at the beginning of the three-year period. Further guidance on becoming a UK Scale-up Sponsor is expected in the coming months.
Scale-up or Skilled Worker?
Whilst the Scale-up route intends to provide an opportunity for highly-skilled individuals to join growing eligible businesses in “an economy built on innovation,” it possesses many similarities to the Skilled Worker visa. It therefore remains to be seen whether the new route will be a beneficial alternative to the Skilled Worker route.
Individuals who apply for entry clearance by making a Sponsored Application are required to commit to their sponsoring employer for at least six months, after which they can switch employers. This provides migrants with occupational freedom; however, leaves employers with less certainty over retaining employees.
However, a major advantage for sponsors is that – provided they meet the UK Scale-up Sponsor requirements – they do not not need to apply for a sponsorship licence. This provides companies with the flexibility to recruit employees in a timelier manner and at a reduced cost. In addition, businesses will benefit from the six-month period of sponsored employment during which they could apply for a sponsorship licence to sponsor Scale-up workers on the Skilled Workers route.
Get in touch
To learn more about forthcoming changes to UK immigration law, see our website, contact your assigned LDI lawyer or email enquiries@lauradevine.com.
Masha Vukicevic
Paralegal
Robert Greene
Paralegal
Prove your right to work: BRP, BRC and FWP holders
How to prove your right to work in the UK: BRP, BRC and FWP holders
24 June 2022
As of 6 April 2022, it is mandatory for employers to carry out online right-to-work (‘RTW’) checks for individuals holding a biometric residence permit (‘BRP’), biometric residence card (‘BRC’) or frontier work permit (‘FWP’) using the Home Office’s online RTW check service. It is no longer permissible to conduct RTW checks using a physical BRP, BRC or FWP.
In this video, Nicolette Bostock sets out the steps prospective employees need to take in order to prove their right to work in the UK.
Get in touch
To learn more about forthcoming changes to UK immigration law, see our website, contact your assigned LDI lawyer or email enquiries@lauradevine.com.
Right-to-work check: BRP, BRC and FWP holders
How to do a right-to-work check in the UK: BRP, BRC and FWP holders
24 June 2022
As of 6 April 2022, it is mandatory for employers to carry out online right-to-work (‘RTW’) checks for individuals holding a biometric residence permit (‘BRP’), biometric residence card (‘BRC’) or frontier work permit (‘FWP’) using the Home Office’s online RTW check service. It is no longer permissible to conduct RTW checks using a physical BRP, BRC or FWP.
In this video, Nicolette Bostock sets out the steps employers need to take in order to complete a right-to-work check.
Get in touch
To learn more about forthcoming changes to UK immigration law, see our website, contact your assigned LDI lawyer or email enquiries@lauradevine.com.
High Potential Individual – Global Universities List
High Potential Individual: Issues with the Global Universities List
24 June 2022
The High Potential Individual (‘HPI’) route was launched on 30 May 2022. The route is available to graduates from top international universities. Individuals can apply to the route up to five years after obtaining a degree equivalent to a UK bachelor’s degree (or higher).
What is the Global Universities List?
Individuals must have obtained a degree from an institution listed on the Global Universities List. This list features non-UK universities appearing in the top 50 institutions in at least two of the following ranking systems:
- Times Higher Education World University Rankings;
- Quacquarelli Symonds World University Rankings; and
- The Academic Ranking of World Universities.
The list will be updated annually and the list of eligible institutions for the past six years can be viewed at the following links:
Each list covers the period between 1 November of one academic year and 31 October of the following academic year. When an applicant is working out which list they should use, the relevant date is the date they were awarded their qualification (not the date of their application). For example, an applicant who was awarded a degree in January 2018 should look at the 2017 list. However, applicants should bear in mind that they can only apply up to five years after the date on which their degree was awarded. In the previous example, the deadline to apply would be January 2023.
Issues with the Global Universities List
Announcing the route, Home Secretary Priti Patel said: “I am proud to be launching this new and exciting route as part of our points-based immigration system which puts ability and talent first – not where someone comes from.”
However, it appears that where someone studies does matter. The Global Universities List has been strongly criticised for its “elitist” definition of top university. The list of universities is heavily swayed towards Western universities and there is not a single institution from Africa, Latin America, or Southern Asia featured.
More than 50% of the institutions across the past six years were based in the USA. European (France, Germany, Sweden, Switzerland), Australian and Canadian institutions also typically represented 20% of the listed institutions over the past six years. The only Asian institutions that have featured in the list are based in China, Singapore and Hong Kong. The geographic makeup of the listed institutions over the past six years has barely changed, meaning it is unlikely that graduates from institutions in Africa, Latin America, or Southern Asia will be eligible to apply under the route in the future.
In addition, the Global Universities List only features non-UK institutions. This means that non-British graduates who studied in the UK are not eligible to apply, despite potentially obtaining a degree from a UK institution which ranks highly in at least two of the ranking systems used by the Home Office to compile the Global Universities List. These graduates may be eligible to apply for the Graduate route, however, the provisions of this route are more restrictive than the High Potential Individual route. For example, applicants must be on a Student visa to apply to the Graduate route and can only apply from within the UK. The provisions on dependants are also more restrictive on the Graduate route compared to the High Potential Individual route.
Get in touch
To learn more about forthcoming changes to UK immigration law, see our website, contact your assigned LDI lawyer or email enquiries@lauradevine.com.
Miglena Ilieva
Senior Solicitor and PSL Team Manager
Robert Greene
Paralegal
Home Office identity verification apps
Which Home Office app should you use to enrol your biometric information
24 June 2022
As part of the European Union Settlement Scheme (‘EUSS’) and as a result of the COVID-19 pandemic, the Home Office has introduced several identity verification (‘IDV’) apps. These apps enable users to enrol their biometric information and avoid having to book and attend a biometrics appointment at a UKVCAS centre. In this article, we look at who can use each app and what each app is used for.
IDV apps
The Home Office currently has three IDV apps:
- EU Exit: ID Document Check app;
- UK Immigration: ID Check app; and
- UKVCAS IDV app.
EU Exit: ID Document Check app
The EU Exit: ID Document Check app was introduced as part of the EUSS. It was launched to streamline the application process, given the large number of expected applicants; to date there have been more than 6.5 million applications to the EUSS.
The EU Exit: ID Document Check app can only be used by individuals applying under the EUSS who hold an EU, EEA or Swiss biometric passport or biometric residence card (‘BRC’).
The app can be used for applications for entry clearance and permission to stay.
UK Immigration: ID Check app
The UK Immigration: ID Check app is available for applicants under the following routes:
- Work;
- Temporary Work;
- Student;
- Graduate;
- British National (Overseas) (‘BN(O)’); and
- Ukraine Schemes.
Individuals applying under any of the above routes must hold one of the following documents:
- A biometric EU, EEA or Swiss passport;
- A biometric residence permit (‘BRP’);
- A BN(O) or Hong Kong Special Administrative Region biometric passport; or
- A valid Ukrainian international passport.
The app can be used for applications for entry clearance and permission to stay.
UKVCAS IDV app
The UKVCAS IDV app can be used for the following applications:
- Nationality;
- SET-M; and
- BRP and BRC replacements.
Unlike with the other apps, individuals must submit their online application and wait seven to 10 days for the Home Office to determine whether or not they can use the app or must attend a biometrics appointment to enrol their biometric information.
Individuals should be able to use the app if they have attended a biometric enrolment appointment as part of a previous application and the Home Office is able to access and rely on the biometric information that has been previously enrolled.
The app is not usually used for applications for permission to stay with the exception of applications for indefinite leave to remain in the UK (‘ILR’) as a partner of a person or parent of a child already settled in the UK.
Get in touch
To learn more about forthcoming changes to UK immigration law, see our website, contact your assigned LDI lawyer or email enquiries@lauradevine.com.
Miglena Ilieva
Senior Solicitor and PSL Team Manager
Robert Greene
Paralegal
Bill of Rights
Bill of Rights has significant implications for immigration law
24 June 2022
The UK government has introduced a Bill of Rights (‘Bill’) to Parliament, which seeks to overhaul the Human Rights Act 1998 and the UK’s relationship with the European Court of Human Rights (‘ECtHR’). The Bill, if passed into law, could have significant implications for immigration law.
Why has the UK government introduced the Bill of Rights?
In a press release, the Ministry of Justice and Deputy Prime Minister Dominic Raab said the Bill would “strengthen free speech and curb bogus human rights claims”. The Bill is widely seen as a response by the UK government to recent case law from the ECtHR which has impeded government policy, including a recent decision by the ECtHR which led to the first scheduled flight for the removal of asylum seekers to Rwanda being cancelled.
This is not the first time the idea of a Bill of Rights has been floated. It has been included in two previous Conservative party manifestos, first in 2010 and then in 2015. However, this is the first time the Bill has been introduced into Parliament, marking a strong intention from the Conservative party to reform human rights law.
What could the Bill of Rights mean for immigration law?
A number of the proposed provisions of the Bill would have an impact on immigration law. Firstly, individuals would have to prove they have suffered “material and significant harm” in order to make a human rights claim. This would raise the threshold for claims, making it increasingly difficult for individuals to argue that their human rights have been or would be infringed. This could particularly be relevant in cases of deportation, such as those under the Rwanda policy.
Secondly, the Bill would restrict the ability of foreign criminals to make a claim under Article 8 of the European Convention of Human Rights (‘ECHR’) (right to respect for private and family life, home and correspondence). These individuals would have to prove that “overwhelming, unavoidable harm” would be done to their child or dependant in order to avoid being deported.
Another significant change would be the curtailment of the powers of the ECtHR in various areas, including allowing appeals against deportation orders and the imposition of interim injunctions. This means that the recent interim injunction granted by the ECtHR in relation to the first scheduled flight to Rwanda would not have been binding on the UK courts.
The Bill would also make the Supreme Court the ultimate judicial decision-maker on human rights and allow UK courts to depart from ECtHR case law. This means the Supreme Court could overturn decisions made by the ECtHR.
What has been the reaction to the Bill of Rights?
There has been widespread criticism of the Bill of Rights. I. Stephanie Boyce, President of The Law Society, said: “The bill will create an acceptable class of human rights abuses in the United Kingdom – by introducing a bar on claims deemed not to cause ‘significant disadvantage’.”
Amnesty International has described the Bill as “a giant leap backwards for the rights of ordinary people.”
Sacha Deshmukh, Chief Executive of Amnesty International UK, added: “Ripping up the Human Rights Act means the public is being stripped of its most powerful tool to challenge wrongdoing by the government and other public bodies. This is not about tinkering with rights, it’s about removing them.”
Get in touch
To learn more about forthcoming changes to UK immigration law, see our website, contact your assigned LDI lawyer or email enquiries@lauradevine.com.
Miglena Ilieva
Senior Solicitor and PSL Team Manager
Robert Greene
Paralegal
Global Talent report
New report sheds light on the pros and cons of the Global Talent visa
17 June 2022
The Home Office Analysis and Insight team, in conjunction with Ipsos UK, has published a report exploring applicants’ experiences of navigating the Global Talent visa process. The report sheds light on the pull factors to the route, the profile of applicants and satisfaction with the application process. It also makes a series of recommendations for improving the route.
Pull factors
Most visa holders (80%) said the Global Talent visa had partly influenced their decision to relocate to the UK. However, 66% of visa holders said they would have applied for a different visa had the Global Talent visa not been available. Indeed, the most important factors influencing visa holders’ decisions to relocate to the UK were career (74%), professional environment (65%), and fitting into the UK (34%). The Global Talent visa ranked in fifth place in terms of pull factors.
Of those whose decision was in part influenced by the Global Talent visa, they were particularly attracted to the route as it leads to settlement (78%) and the application process involves being endorsed by a recognised body in their field (77%). Individuals were also attracted to the route because of the ability to extend their permission to stay (62%) and to accelerate their application for settlement (60%).
Discovering the route
The majority of visa holders (23%) discovered the route through their university or institution, followed closely by those who learnt about it through a friend or family (22%). Only 14% of respondents heard about the route through a colleague or peer within their professional network and just 1% discovered the route on the website of an endorsing body. This was a key area for improvement highlighted by the report.
Application process
Satisfaction rates among visa holders were high, with 93% being satisfied with the overall process and 92% being satisfied with the endorsement process. Almost half of applicants (47%), however, thought that clearer guidance was needed on the information applicants were required to provide as part of the application process. The report made numerous recommendations on how to improve this, including the publication of precedent recommendation letters, templates for uploading evidence, and information on the expertise of the person reviewing applications so applicants know whether to include technical explanations of their evidence.
Whilst the majority of visa holders (63%) thought the application fee (£623) was fair, more than half (59%) thought the Immigration Health Surcharge (IHS) was unfair. The IHS costs applicants up to £624 per year and has been repeatedly criticised since its introduction in 2015, with opponents arguing that migrants are effectively taxed twice for using the NHS given that some of their income and national insurance contributions are allocated to the NHS. Whilst the report does not recommend scrapping the IHS, it does recommend introducing an option to stagger payments and including the fees more prominently in the guidance (as well publishing the rationale for each of the fees). The current GOV.UK guidance on the IHS explains what, when and how individuals must pay the IHS but gives no information on what the fee is used for and the benefits individuals enjoy from paying it.
Work status and earnings
The vast majority of visa holders are employed (95%), with almost all respondents (99%) believing that their current role matches their skills and experience. Of those employed, three quarters are in full-time employment and one in six (17%) are self-employed. A small percentage of visa holders are employed part-time (3%) or unemployed (2%).
There is no salary requirement for the Global Talent route, with the result that salaries range from under £15,600 (4%) to in excess of £150,000 (3%). Almost half of visa holders (49%) are earning between £31,200 and £51,999 and a little more than a fifth (22%) are earning between £52,000 and £149,999. Interestingly, 60% of visa holders working in the digital technology field and endorsed by Tech Nation are earning between £52,000 and £149,999. Tech Nation endorsees also make up the 3% of visa holders earning in excess of £150,000. Visa holders working in creative industries (57%) and those endorsed by Arts Council England (53%) are more likely than average to be earning less than £31,199.
Survey respondents stated that the fact that the route was unsponsored – and that they were not tied to an employer – gave them more opportunities to negotiate pay and promotion. Contrast this to the likes of the Skilled Worker route, where employees are affectively locked into their employment (unless they can find an alternative sponsor).
Miglena Ilieva
Senior Solicitor and PSL Team Manager