Home Office publishes new Statement of Changes HC 1118
Home Office publishes new Statement of Changes HC 1118
16 March 2022
On Tuesday 15 March 2022, the Home Office published its latest Statement of Changes in Immigration Rules, with an accompanying Explanatory Memorandum. The Statement of Changes set out a number of new immigration routes and appendices, as well as amendments to existing routes and appendices. In this article, we provide an overview of the changes which are set to come into force between 6 April and 22 August 2022.
NEW ROUTES AND APPENDICES
Overview of new immigration routes
Global Business Mobility – 11 April 2022
The Global Business Mobility (GBM) visa consolidates (and replaces) four existing immigration routes and introduces one new category. The five GBM routes are as follows:
Senior or Specialist Worker
This route replaces the Intra-Company Transfer (ICT) route and is available for overseas senior managers or specialist employees who are assigned to a UK business linked to their overseas employer. The salary requirement is the higher of £42,400 (up from £41,500) per year or the “going rate” for the relevant occupation code. The high earner salary has been maintained at £73,900 per annum.
Graduate trainee
This route replaces the Intra Company Graduate Trainee route. It is for overseas workers who undertake a temporary work assignment in the UK on a graduate training course that leads to a senior management or specialist role. The salary requirement has been increased from £23,000 per year to £23,100 per year
UK Expansion Worker
This route replaces the Sole Representative in the Representative of an Overseas Business route. It is for senior managers or specialist employees of an overseas organisation who are assigned to the UK to undertake work in relation to an expansion into the UK. Unlike the Sole Representative, more than one person can travel to the UK as part of the expansion project. However, they must now be sponsored. Further guidance on how the sponsorship process will operate is expected before the route comes into effect. The salary requirement is the higher of £42,400 per year or the “going rate” for the relevant occupation code.
Service Supplier
This route replaces the Contractual Service Supplier and Independent Professional provisions in the Temporary Work – International Agreement route. It is available to overseas workers who are assigned to the UK to provide services covered by one of the UK’s international trade agreements. Service Suppliers can be employed by an overseas service provider or self-employed overseas.
Secondment Worker
This is a new route for overseas workers who are temporarily assigned to the UK as part of a high value contract or investment by their overseas employer. Further guidance on the meaning of “high value contract or investment” should be published before the route comes into force, but it is expected to be a deal worth at least £50 million in accordance with the recommendation by the Migration Advisory Committee (MAC).
All five routes are sponsored and none lead to settlement, contrary to the MAC’s recommendation. The routes do not allow supplementary work (with limited exceptions).
High Potential – 30 May 2022
The High Potential is a new route for graduates who have been awarded a degree equivalent to a UK bachelor’s degree level or higher at an institution listed on the new Global Universities List. This list of “top 50 universities” will be compiled on an annual basis. High Potential is an unsponsored route that does not lead to settlement; however dependants are allowed.
Individuals will be granted two years permission (or three years if they have a PhD) and will be eligible to work and study (subject to limitations). They will not be able to access public funds.
The advantages of this route over the Graduate route are that (i) there is no requirement to be a Student in the UK; (ii) individuals can apply up to five years after the date they obtained their degree; and (iii) the rules for dependants are less restrictive.
Scale-up – 22 August 2022
This a new route for individuals recruited by a UK Scale-up Sponsor. It is a route to settlement and dependants are allowed.
First-time applicants must make a sponsored application. This means they must obtain a Certificate of Sponsorship (CoS) from a UK Scale-up Sponsor that confirms that they will work for the Sponsor for at least the first six months of their permission. The CoS must also confirm that they will be paid £33,000 per year, £10.58 per hour and the going rate the occupation code. Sponsored applicants will be granted two years permission.
Individuals who are applying to extend their stay as a Scale-up worker must make an unsponsored application. They must be able to demonstrate that they have earned monthly PAYE earnings of at least £33,000 per annum during at least 50% of their permission under the route. Successful applicants will be granted three years permission to stay.
To apply for settlement, applicants must show that they earned PAYE payments of at least £33,000 in the two years of the three-year period immediately prior to their application.
It is unclear how this new route would be an attractive alternative to the Skilled Worker route, from an employer’s perspective. The salary threshold is higher and Scale-Up workers are free to leave their sponsored role after six months. It is potentially a useful route for a start-up that is at the early stages of development and does not want to commit beyond six months’ employment. If the start-up proves successful, the employer may consider sponsoring Scale-Up workers on the Skilled Worker route (after their initial six months), assuming the Scale-Up worker wishes to stay.
Overview of new appendices
In addition to the new routes described above, the Home Office is introducing a series of new appendices. These include:
Private Life – 20 June 2022
This appendix introduces new rules for children and young adults who have been granted permission to stay in the UK based on private life. Children who have been resident in the UK for seven years and young adults (aged 18 to 25) who have spent at least half their life resident in the UK may be able to apply for settlement after a continuous five-year period (instead of 10).
Settlement Private Life – 20 June 2022
This appendix replaces some provisions in Appendix FM and includes new rules for partners and parents (and their child dependants) on the family route who must complete a qualifying period of 10 years in the UK to settle.
Relationship with Partner – 20 June 2022
Initially, this appendix only applies to Appendix Settlement Family Life, however, the Home Office has said that it will be extended to other routes to ensure that the requirements are consistent. It outlines the requirements for applicant’s partners (with no significant policy changes) and includes a new provision for polygamous and polyandrous marriages.
EXISTING ROUTES AND APPENDICES
Overview of changes to existing routes
Global Talent – 6 April 2022
Changes have been made to the endorsement and evidential requirements under the digital technology field. In addition, the list of Prestigious Prizes is being expanded.
EUSS – 6 April 2022
Numerous concessions are being incorporated into the Rules, including the concession for an EUSS family permit to be issued instead of an EEA family permit where an extended family member or a person with a derivative right to reside made a valid application by 31 December 2020 but was not issued a permit by 30 June 2021. They can start the continuous qualifying period upon arrival.
Lounes dual nationals (ie EU citizens who are naturalised British citizens but kept their original citizenship) will also be able to sponsor relevant family members under the EUSS, despite not having Comprehensive Sickness Insurance (CSI) in the past.
Student – 6 April 2022
Individuals who have applied to move to the Skilled Worker route or Graduate route will no longer be required to wait for an outcome from their application to start working.
Seasonal Worker – 6 April 2022
This route is being expanded to include roles in ornamental horticulture. A new minimum hourly pay requirement of at least £10.10 per hour is also being introduced.
Innovator – 6 April 2022
The provisions for invalid applications for settlement are being amended. Where an applicant does not meet the settlement requirements, their application will no longer be refused. Instead, their application will be varied (provided they pay the required IHS) and they will be granted permission to extend.
Hong Kong BN(O) – 6 April 2022
The provisions for settlement applications outlined above (see Innovator route) are also being introduced to the Hong Kong BN(O) route.
Overview of changes to existing appendices and Rules
Para 33A – 6 April 2022
Paragraph 33A is being deleted, removing the possibility of varying an application for permission to stay from overseas.
Para 34BB – 6 April 2022
Paragraph 34BB is being amended to clarify the rules for multiple applications in the case of applications made under Appendix EU (rules of variation do not apply) and human rights applications.
English language – 20 June 2022
A new exemption is being added to the Immigration Rules for individuals who are applying for settlement as a partner, parent or dependant child over 18. They will not need to meet the English language requirement provided they:
- have spent a continuous 15 years in the UK with permission;
- can demonstrate an English language and speaking qualification at level A2 CEFR; and
- provide confirmation from an English language teacher that they attended 75 hours of supervised learning in the past 12 months and are unlikely to obtain a level B1 through further study.
KOL UK – 20 June 2022
Individuals who qualify for the new English language exemption are not required to complete the Knowledge of Life in the UK test as part of settlement applicants.
Dependants
Across the routes, the Rules for dependant applications are changing. Dependants cannot apply unless the main applicant:
- has made a valid application that has not yet been decided;
- has been granted clearance or permission in the relevant route; or
- is already a settled or British citizen and the applicant had permission as their dependant when they settled on the route to which the applicant is applying.
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
Immigration routes available to Ukrainians coming to the UK
Immigration routes available to Ukrainians coming to the UK
14 March 2022
The Home Office has introduced a series of concessions to the Immigration Rules as well as new routes for the family members of British nationals, people settled in the UK and certain others to come to and stay in the UK. In this article, we set out the recent changes and routes announced by the Home Office. This article is accurate as of the time of publication.
Summary of routes available to Ukrainian nationals
The Home Office has announced three main options for Ukrainians and their families: concessions to the Immigration Rules, the Ukrainian Family Scheme, and the Homes for Ukraine scheme. The latter two are part of the Home Office’s “humanitarian visa route”.
| Concessions (Ukrainians in the UK) |
Humanitarian visa route (Ukrainians inside and/or outside the UK) |
|
| Concessions to Immigration Rules | Ukrainian Family Scheme | Homes for Ukraine |
| Concessions:
• Switching • Documentary evidence • TB testing |
Family of British and non-British nationals settled in UK (includes extended family and their immediate family) | Sponsorship by:
• individuals; • charities; • businesses; or • community groups |
| Period of leave varies | 36 months leave | 36 months leave |
| In force | In force | 18 March 2022 |
Concessions to the Immigration Rules – Ukrainians in the UK
The Home Office has introduced temporary concessions to the Immigration Rules which apply to Ukrainian nationals only (and their dependent partners and children) who are already in the UK. These concessions allow individuals to extend their stay or switch to another immigration route. The concessions cover switching rules, documentary evidence requirements, and TB testing requirements.
Switching concessions
The switching rules for main applicants and/or their dependents have been waived for the following routes:
- Adult Dependent Relative
- Child Student
- Family Life as a parent
- Family life with a partner
- Global Talent
- Innovator
- International Sportsperson
- Intra-Company routes
- Investor
- Parent of a Child Student
- Representative of an Overseas Business
- Skilled Worker
- Start-up
- Student
- T2 Minister of Religion
- Temporary Work routes
- UK Ancestry
In addition, individuals in the UK on the following routes can apply to extend their permission on the route and/or switch into another immigration route provided they cannot return to Ukraine, meet the requirements of that route, and pay any relevant fees:
- Visitor – can apply to switch into a points-based route or a family visa route.
- Skilled Worker – can apply to stay or settle in the UK.
- Student – can apply to stay or switch to the Graduate route.
- Seasonal Worker – can extend leave until 31 December 2022.
- HGV driver – can extend leave until 31 December 2022.
- Pork Butcher – can extend leave until 31 December 2022.
Individuals on the Seasonal Worker route (including the HGV driver and Pork Butcher routes) do not need to apply for extensions. Instead, the Home Office has said that it will notify individuals if the concession applies to them and work with migrants’ sponsors to progress their visa extensions. Individuals who are granted an extension must continue to work in their Seasonal Worker role for the duration of the extension.
Documentary evidence concession
The documentary evidence required under the Immigration Rules has been relaxed. Where an applicant makes a “reasonable written explanation” about why they cannot provide a document normally required under the Rules, the caseworker can waive the requirement to provide such a document. Applicants do not need to supply detailed evidence as to why they cannot produce a particular document.
TB concession
The requirements for a TB test certificate have been temporarily waived.
A helpline has been established for individuals in the UK who require assistance:
- Telephone 0808 164 8810 and select option 2.
- Monday to Thursday (excluding bank holidays), 9am to 4:45pm.
- Friday (excluding bank holidays), 9am to 4:30pm.
- This is a free phone number, but network charges may still apply.
Ukrainian Family Scheme – Ukrainians inside or outside the UK
The Ukrainian Family Scheme allows certain family members of UK-based individuals to come to the UK.
Residence requirement
Applicants must have ordinarily been resident in the Ukraine before 1 January 2022 and must provide evidence of such. This may include utility bills, bank statements, mortgage or tenancy agreements, and employment letters. However, where individuals are unable to produce evidence to this effect (due to the conflict in Ukraine), caseworkers can waive this requirement.
Relationship requirement
Applicants must be an eligible family member of a UK-based sponsor who is resident in the UK (unless they are a British citizen). A UK-based sponsor is any of the following:
- a British citizen;
- a person who is settled in the UK or has pre-settled status (under the European Union Settlement Scheme (‘EUSS’)); or
- a person in the UK with refugee leave or with humanitarian protection.
Applicants are required to produce evidence of their UK-based sponsor’s status. This could include a copy of their British passport, a copy of their biometric residence permit (‘BRP’), or a copy of documentation proving their settled or pre-settled status (under the EUSS). Where an applicant is unable to produce such evidence, caseworkers should make attempts to verify the sponsor’s status themselves.
The applicant must be a family member of the UK-based sponsor under one of the following categories:
- Immediate family
- partner of the UK-based sponsor;
- child under 18 of the UK-based sponsor or their partner;
- parent of a child under 18 who is the child of the UK-based sponsor; or
- fiancé(e) or proposed civil partner of the UK-based sponsor.
- Extended family
- parent of a person aged 18 or over who is the UK-based sponsor;
- grandparent of the UK-based sponsor;
- grandchild of the UK-based sponsor or their partner;
- sibling of the UK-based sponsor;
- adult child of the UK based-sponsor;
- aunt or uncle of the UK-based sponsor;
- cousin of the UK-based sponsor;
- niece or nephew of the UK-based sponsor; or
- grandparent, parent or sibling of the UK-based sponsor’s partner.
- Immediate family of extended family
- partner of an extended family member;
- child under 18 of an extended family member;
- parent of a child under 18 who is an extended family member; or
- fiancé(e) or proposed civil partner of an extended family member.
Immediate family members of extended family members must apply at the same time as the extended family member or the extended family member must have already been granted permission under the scheme by the time the immediate family member applies.
Applicants are required to provide evidence of their family relationship. This could include the likes of a marriage or civil partnership certificate, or a birth or adoption certificate. However, caseworkers have discretion to take into account any reasonable explanation for an applicant being unable to produce the required evidence.
Where a relationship is not covered by the definitions above, there is still scope for applicants to make an application on the grounds that there are “exceptional reasons” to do so, for example, where a refusal would result in a family unit being separated.
Nationality requirements
The scheme is open to Ukrainian nationals only, except where the applicant’s immediate family member (who is also applying under the scheme) is a Ukrainian national.
Period and conditions of leave
Individuals are given permission to stay in the UK for 36 months (or three years). They are permitted to work, study and access public funds.
Application process – outside the UK
All applicants must apply online. As of 15 March, applicants with a valid Ukrainian international passport are not required to attend an appointment to provide their biometric information at a Visa Application Centre (VAC). Instead, they provide their biometrics upon arrival in the UK (provided their application is successful).
Individuals who do not hold a valid Ukrainian international passport must book and attend an appointment to provide their biometric information at a VAC in any country outside the UK (there are no VACs currently open in Ukraine). You can find your nearest centre here.
Applicants must wait for the outcome of their application before travelling to the UK. The application process is free.
A 24/7 helpline has been set up for applicants:
- +44 808 164 8810 from outside the UK;
- 0808 164 8810 from within the UK;
- +44 (0)175 390 7510 if neither of the above numbers work.
Application process – inside the UK
Applicants must apply online. Once their application is approved, they can travel to the UK. After arriving, they must book and attend an appointment to provide their biometric information at a VAC inside the UK.
Homes for Ukraine – Ukrainians outside the UK
The Home Office has also announced a route for individuals who do not meet the requirements of the Ukrainian Family Scheme. The “Homes for Ukraine” scheme opens on Friday 18 March and allows individuals to sponsor people fleeing Ukraine to come to the UK. The first phase of the scheme is only open to individual sponsors, however, it will be expanded to allow organisations to sponsor Ukrainians too.
Sponsors
Individuals must match with a named individual or family. They are expected to offer accommodation for at least six months, rent free. They are not required to provide food or other services, but may choose to do so. The accommodation can be a spare room in the sponsor’s property or separate self-contained accommodation that is unoccupied.
All potential sponsors are vetted, which may include a visit to their property to ensure that it is suitable. Hosts receive a monthly “thank you” payment of £350 per moth per residential address up to a maximum of 12 months.
If an individual would like to become a sponsor but does not know anyone in Ukraine, they can register their interest here. Individuals who register their interest will receive updates about the scheme.
Applicants
To be eligible under the scheme, applicants must be a Ukrainian national or their immediate family member (see definition above) and have been resident in Ukraine prior to 1 January 2022.
Individuals who are sponsored on the scheme are eligible to work and apply for benefits. They can also access healthcare, education and English language tuition. Applicants must undergo security checks, and potentially safeguarding checks too.
Individuals are granted three years leave to remain under the scheme. There is no numerical limit on the number of people who can come to the UK via this scheme.
Application process
Once the scheme goes live on 18 March, either the sponsor or the applicant completes the application form (on behalf of both parties). Individuals who have a valid Ukrainian international passport are required to book and attend a biometrics appointment at a visa application centre (VAC) before coming to the UK. Those who have a valid Ukrainian international passport can travel to the UK (once their application is approved) and supply their biometrics after they arrive.
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
UK visa concessions for Ukraine nationals
UK visa concessions for Ukrainian nationals and family members
28 February 2022
As the Russian invasion of Ukraine intensifies, and the number of people fleeing Ukraine grows, EU countries have been opening their borders and relaxing their entry requirements for displaced Ukrainian residents. The UK has also introduced a number of concessions to the Immigration Rules, but has come under criticism from Conservative and opposition party MPs for not going far enough. In this article, we set out the concessions as they stand at the time of publication.
Concessions for family members of British nationals
Non-British nationals can apply for a family migration visa for free if they are the family member of a British national who usually lives in Ukraine. Their British national family member must be one of the following:
- a spouse or civil partner;
- an unmarried partner (they must have been cohabiting in a relationship for at least 2 years);
- their parent if they are under the age of 18;
- their child under the age of 18; or
- an adult relative they provide care for who lives with them due to a medical condition.
Currently, the concessions do not allow Ukrainian adult dependent relatives to apply for a family migration visa, only British adult dependent relatives. However, there have been calls on the government to relax the Immigration Rules further (see below), so this point is subject to change.
Applicants must contact UKVI before making their application (see contact details below) in order to get confirmation that they are eligible for the family migration visa as well as the details of the free application process.
Having received confirmation from UKVI that they are eligible, applicants are required to book an appointment at a UK Visa Application Centre (VAC) to provide their biometric information. The VAC in Kyiv is now closed. Applicants are therefore required to visit the temporary centre in the Lemberg Business Centre in Lviv or to visit a VAC in a neighbouring country, such as Poland, Romania, Hungary or Moldova. UKVI said it aims to process applications within 24 hours of an applicant submitting their biometrics at the VAC.
Concessions for Ukrainians nationals
The Home Office has introduced temporary concessions to the Immigration Rules which apply to Ukrainian nationals only (and their dependent partners and children).
Switching concessions
The switching rules for main applicants and/or their dependents have been waived for the following routes:
- Adult Dependent Relative
- Child Student
- Family Life as a parent
- Family life with a partner
- Global Talent
- Innovator
- International Sportsperson
- Intra-Company routes
- Investor
- Parent of a Child Student
- Representative of an Overseas Business
- Skilled Worker
- Start-up
- Student
- T2 Minister of Religion
- Temporary Work routes
- UK Ancestry
In addition, individuals in the UK on the following routes can apply to extend their permission on the route and/or switch into another immigration route provided they cannot return to Ukraine, meet the requirements of that route, and pay any relevant fees:
- Visitor – can apply to switch into a points-based route or a family visa route.
- Skilled Worker – can apply to stay or settle in the UK.
- Student – can apply to stay or switch to the Graduate route.
- Seasonal Worker – can extend leave until 31 December 2022.
- HGV driver – can extend leave until 31 December 2022.
- Pork Butcher – can extend leave until 31 December 2022.
Individuals on the Seasonal Worker route (including the HGV driver and Pork Butcher routes) do not need to apply for extensions. Instead, the Home Office has said that it will notify individuals if the concession applies to them and work with migrants’ sponsors to progress their visa extensions. Individuals who are granted an extension must continue to work in their Seasonal Worker role for the duration of the extension.
Documentary evidence concession
The documentary evidence required under the Immigration Rules has been relaxed. Where an applicant makes a “reasonable written explanation” about why they cannot provide a document normally required under the rules, the caseworker can waive the requirement to provide such a document. Applicants do not need to supply detailed evidence as to why they cannot produce a particular document.
TB concession
The requirements for a TB test certificate have been temporarily waived.
Criticism of concessions
The government has come under fire for not proving sufficiently generous concessions. Shadow Home Secretary Yvette Cooper labelled the concessions “shameful” whilst a group of 37 Conservative MPs urged the government to “go further” to help Ukrainian refugees in a joint letter to Boris Johnson.
In an interview with the BBC, Secretary of State for Defence of the United Kingdom Ben Wallace said the government would “look at those details from Europe and then we will be able to discuss what comes next in our policy.” It is expected that new concessions will be introduced this week.
Separately, Home Secretary Priti Patel has said that she has confirmed “the first phase of a bespoke humanitarian route for the people of Ukraine”. The details of the route are not yet clear, however, it appears it will only apply to Ukrainians permanently settled in the UK and their family members. She said further announcements will be made in due course.
UKVI contact details
The contact details for UKVI regarding eligibility for the family migration visa are as follows:
- Telephone + 44 300 3032785 if you’re outside the UK and select option 1.
- Telephone 0300 3032785 if you’re in the UK and select option 1.
The line is open 24 hours, seven days a week. The number is a free phone number, but network charges may still apply.
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
Upcoming changes to right-to-work checks
Upcoming changes to right-to-work checks
28 February 2022
The Home Office has announced a series of changes to right-to-work (‘RTW’) checks which come into effect this year. These include the introduction of mandatory online checks for certain individuals, the launch of a new RTW check system for British and Irish citizens and a deferment of temporary adjusted RTW checks. In this article, we set out the changes that employers must comply with.
Mandatory online RTW checks for certain individuals from 6 April 2022
From 6 April 2022, employers must carry out online 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. From this date, it will no longer be permissible to conduct RTW checks using a physical BRC, BRP or FWP.
To complete RTW checks for such individuals, employers will require the individual’s date of birth and a valid RTW share code, which the individual must generate using the online ‘Prove your right to work’ portal. The share code is valid for 30 days.
New RTW checks for British and Irish citizens from 6 April 2022
From 6 April 2022, a new online system for carrying out RTW checks will also be introduced for British and Irish citizens with a valid passport (including an Irish passport card). This will not involve the use of a share code (as above). Instead, individuals will be able to upload images of their passports via a certified Identity Service Provider (‘IDSP’) to verify their identity remotely and prove their eligibility to work.
It will be a legal requirement for employers and IDSPs to apply identity evidence verification criteria set by the Home Office whilst using these services. Employers must:
- ensure the IDSP is certified to the required standards;
- provide appropriate training and guidance to their staff; and
- discharge their duties in accordance with Home Office’s RTW complete identity evidence verification criteria and in accordance with existing wider RTW legislation and guidance.
Employers would not be mandated to use the IDSP system and can continue to carry out manual RTW checks on British and Irish citizens.
End of adjusted RTW checks postponed to 30 September 2022
The end date for temporary adjusted right to work (‘RTW’) checks has been deferred to 30 September 2022 (inclusive). This does not affect the new RTW check measures which are due to come into effect on 6 April 2022 (see above).
As a result of the deferment, employers can continue to:
- conduct RTW checks via video calls;
- receive scanned or photographed documents from job applicants and existing workers (rather than originals); and
- use the Home Office Employer Checking Service if a prospective or existing employee cannot provide any of the accepted documents.
The Home Office said it had decided to postpone the end date to ensure employers have sufficient time to develop commercial relationships with identity service providers (see above), make any necessary changes to their pre-employment checking processes and carry out on-boarding of their chosen provider.
Retrospective checks
The new rules relate to RTW checks for employment commencing from 6 April 2022. Employers who have employed an individual and carried out a valid RTW check before 6 April 2022 will not be required to carry out a retrospective check in accordance with the new RTW check rules set out above. In addition, employers who employed an individual and carried out an online RTW check up to and including 30 September 2022, do not need to check the individual’s physical documents. In these circumstances, employers should establish or retain a statutory excuse from having to pay a civil penalty for employing a person who is not permitted to do the work in question.
Summary of key changes and dates
| Date | Change |
| 6 April 2022 | Introduction of mandatory online RTW checks for individuals holding a BRP, BRC or FWP
|
| 6 April 2022 | Introduction of new RTW checks for British and Irish citizens
|
| 30 September 2022 |
End of adjusted RTW checks
|
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
Sophie Barrett-Brown discusses closure of Tier 1 (Investor) route on Free Movement podcast
Sophie Barrett-Brown discusses closure of Tier 1 (Investor) route on Free Movement podcast
25 February 2022
Senior Partner and Head of UK Practice Sophie Barrett-Brown was joined by Hazar El-Chamaa, Partner & Head of Private Wealth Immigration Offering at Penningtons Manches LLP, on the latest Free Movement podcast. The episode, titled ‘Russian it through: the sudden demise of the Investor visa’, looks at the Home Office’s decision to close the Tier 1 (Investor) route with immediate effect on Thursday 17 February 2022. The partners discuss why the move was unnecessary, what options are available to current Tier 1 (Investors) and whether reforms to the Innovator route will close the gap. You can listen to the podcast here.
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.
Sophie Barrett-Brown
Senior Partner and Head of UK Practice
Natasha Chell writes for Immigration Law 2022
Natasha Chell writes for Corporate LiveWire's Immigration Law 2022
23 February 2022
Partner and Head of Risk and Compliance Natasha Chell has written an article for Corporate LiveWire‘s Immigration Law 2022 Expert Guide. In her piece, titled ‘From Crisis to Recovery: How COVID-19 Reshaped the UK’s Immigration System’, Natasha explores the impact the COVID-19 pandemic has had on the UK’s immigration system. She examines the trends in migration patterns, the introduction of wide-ranging concessions, and the digitisation of the UK’s immigration system.
To purchase or access Natasha’s article, please visit Immigration Law 2022.
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.
Natasha Chell
Partner and Head of Risk and Compliance
Government scraps Tier 1 (Investor) route
Government scraps Tier 1 (Investor) route
17 February 2022
The Home Office has announced that it has closed the Tier 1 (Investor) route with immediate effect. The route, which has been under review, was available to nationals from outside the UK (including the EEA/Switzerland) who made a significant investment of at least £2 million in the UK.
In a press release, the Home Office said that the route has given rise to ‘security concerns, including people acquiring their wealth illegitimately and being associated with wider corruption’.
Speaking about the decision to close the Tier 1 (Investor) route, Home Secretary Priti Patel said: ‘Closing this route is just the start of our renewed crackdown on fraud and illicit finance. We will be publishing a fraud action plan, while the forthcoming Economic Crime Bill will crackdown on people abusing our financial institutions and better protect the taxpayer.’
Investors who have (or have held in the last year) permission under the route can continue to extend their permission until 17 February 2026 and must apply for settlement by 17 February 2028.
The Home Office said it is making reforms to the Innovator route to ‘provide an ambitious investment route which works more effectively in support of the UK’s economy’.
Findings from a Home Office report examining Tier 1 (Investor) visas granted between 2008 and 5 April 2015 (when reforms were introduced) have yet to be published; though the Home Office has said they will be published ‘in due course’.
In a recent article, Senior Partner and Head of UK Practice at Laura Devine Immigration, Sophie Barrett-Brown, debunked some of the myths surrounding the Tier 1 (Investor) route and corrected some of the inaccuracies being reported in the media.
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
Tier 1 (Investor) route: setting the record straight
Tier 1 (Investor) route: setting the record straight
17 February 2022
The BCC has reported that a government source has confirmed reports of an announcement next week on the Tier 1 (Investor) route. It is being widely reported that the Tier 1 (Investor) route will be scrapped. Whether these rumours are true or not, we cannot yet say. What we do know, however, is that there are a lot of inaccuracies about the Tier 1 (Investor) route being published in the media. So let’s get a few points straight.
Fast track to British citizenship
The Tier1 (Investor) route is not a ‘fast track to British citizenship’ as some have reported. Tier 1 (Investors) are required to meet the same rules to obtain British citizenship as any other applicant. This includes the requirement that they must have resided in the UK for at least 5 years and must have held indefinite leave to remain (‘ILR’ – also known as ‘settlement’) for at least 12 months (unless they happen to also be married to a British citizen). So, a 6-year path for most, or 5 years for those who may qualify for accelerated ILR.
The Investor route does allow a faster route to ILR if the investment level is higher – but so do some other immigration categories, such as Global Talent and Innovator (both 3 years). The vast majority of Investors follow the standard 5-year route to ILR.
Origins of Tier 1 (Investor)
The route was not introduced by Labour in 2008 – it was introduced by the Tories in 1994. However, in 2008 it was repackaged as part of the so-called Points-Based System (don’t get me started on that). The core criteria were fundamentally the same however the evidential requirements were simplified – over-simplified, resulting in less rigorous evidence of the provenance of funds being required – subsequent reforms have sought to remedy this.
‘Golden visa’
Call me a pedant (you wouldn’t be the first), but it is not and has never been called ‘the Golden Visa’. More seriously, the abuse tail should not wag the compliant dog; the Tier 1 (Investor) route requires further amendment to screen out unsuitable applicants, not abolition affecting the compliant majority.
It is of course right for concerns to be raised about flows of illegitimate funds into the UK through individuals relying on this route, and indeed any other UK immigration route, however this should be dealt with through robust criteria, procedures and enforcement. The Home Office already has wide powers to refuse Tier 1 (Investor) applications, including where it considers that the funds have been acquired by unlawful conduct. It can also refuse applications where any of the money has been made available by another party, whose character, conduct or associations are such that that approval of the application would not be conducive to the public good.
This is in addition to the General Grounds for Refusal (applicable to almost all UK immigration categories). These include where the Home Office considers that it is not conducive to the public good to grant immigration permission, including by reason of the applicant’s character, conduct and associations. Before scrapping the route, it would be interesting to know how many times those powers have been exercised to refuse Tier 1 (Investors).
Source of funds
Under the current Rules, Investors are required to provide evidence from an FCA-regulated financial institution in the UK that they hold an account in the UK for the purpose of making the investment and that the bank has carried out all the required due diligence. They must also provide evidence of the source of funds (only if they have held the funds for less than 2 years). Whilst there have been reforms in this regard, more robust evidential requirements as to the source of funds, particularly regarding gifts, are needed.
It would seem appropriate to publish the long-awaited report on the operation of the Tier 1 (Investor) route, before decisions are made on its fate. In 2018, the government announced plans to suspend the route:. However, it subsequently did a U-turn. Instead, it introduced reforms to the route, which is perhaps what is needed in this instance.
Reform or removal?
The Tier 1 (Investor) route attracts a diverse range of international talent (eg business leaders, entertainers and philanthropists) attracted by the flexibility of the category, which does not tie the holder to a single activity/role like many other immigration categories. With the erosion of other independent routes (including the Tier 1 (Entrepreneur) – replaced by the barely fit for purpose Innovator route) the loss of the Investor route will impact the attractiveness of the UK to such talent.
See here for an overview of the Tier 1 (Investor) 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.
Sophie Barrett-Brown
Senior Partner and Head of UK Practice
Right-to-work checks changes from 6 April 2022
Right-to-work checks set to change from 6 April 2022
4 February 2022
A new system allowing employers to conduct online right to work (‘RTW’) checks on their migrant workforce is due to commence from 6 April 2022. It will replace the temporary COVID-19 concession on RTW checks which will cease on 5 April 2022.
The Home Office is also due to unveil a new RTW check system for British and Irish citizens from 6 April 2022 (see below for further information).
Mandatory online RTW checks for certain individuals
From 6 April 2022, employers must carry out online 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. From this date, it will no longer be permissible to conduct RTW checks using a physical BRC, BRP or FWP.
To complete RTW checks for such individuals, employers will require the individual’s date of birth and a valid RTW share code, which the individual must generate using the online ‘Prove your right to work’ portal. The share code is valid for 30 days.
New RTW checks for British and Irish citizens
From 6 April 2022, a new online system for carrying out RTW checks will also be introduced for British and Irish citizens with a valid passport (including an Irish passport card). This will not involve the use of a share code (as above). Instead, individuals will be able to upload images of their passports via a certified Identity Service Provider (‘IDSP’) to verify their identity remotely and prove their eligibility to work.
It will be a legal requirement for employers and IDSPs to apply identity evidence verification criteria set by the Home Office whilst using these services. Employers must:
- ensure the IDSP is certified to the required standards;
- provide appropriate training and guidance to their staff; and
- discharge their duties in accordance with Home Office’s RTW complete identity evidence verification criteria and in accordance with existing wider RTW legislation and guidance.
Unlike the share code system which is free for employers to use (see above), the IDSP system for British and Irish citizens could cost employers between £1.45 to £70 per check. However, employers would not be mandated to use this system and could continue to carry out manual RTW checks on British and Irish citizens.
Retrospective checks
The new rules relate to RTW checks for employment commencing from 6 April 2022. Employers who have employed an individual and carried out a valid RTW check before 6 April 2022 will not be required to carry out a retrospective check in accordance with the new RTW check rules set out above.
Employers who have carried out a valid RTW before 6 April 2022 should establish or retain a statutory excuse from having to pay a civil penalty for employing a person who is not permitted to do the work in question.
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
Hong Kong BN(O) visa holders survey results
Most Hong Kong BN(O) visa holders plan on staying in the UK
3 February 2022
The Home Office has published the results from its survey of Hong Kong British National (Overseas) (‘BN(O)’) visa holders, which reveal interesting findings about the age, gender, family status, education, and occupation of visa holders. The survey results also reveal that the vast majority of BN(O) visa holders intend to stay in the UK for longer than the duration of their current visa or indefinitely.
What is the Hong Kong BN(O) visa?
The Hong Kong BN(O) visa was launched on 1 January 2021 and allows BN(O) individuals from Hong Kong, and their dependants to live, work and study in the UK. The visa is a route to settlement or indefinite leave to remain (‘ILR’).
A little over a year since the visa was launched, the Home Office has released the results from a survey it conducted of 500 BN(O) visa holders. The results reveal some interesting insights into the profile of BN(O) visa holders.
Age profile
The majority of BN(O) holders (32%) are aged 35-44, followed closely by those aged 45-54 (29%). The smallest age group of visa holders are those aged 18-24 (2%), followed by those aged 65 and over (4%).
Gender split
There is a fairly even gender split among visa holders, with 52% female and 48% male.
Relationship status
The vast majority of BN(O) holders (72%) are married. About a third (27%) are not married, in a civil partnership or co-habiting with a partner for more than two years.
Among visa holders who are married or co-habiting, 90% of their partners are also living in the UK. A small percentage (2%) have partners who are living abroad and do not plan on moving to the UK. The rest (8%) have partners who plan to come to the UK, though no data is provided on their intended arrival date.
Children
The majority (60%) of BN(O) holders have at least one child under the age of 18 or living with them, with most (33%) having two children. Visa holders’ children are mainly under the age of 18 and most (90%) are living in the UK. A small percentage (4%) of visa holders’ children are not living in the UK.
Education and occupation
The majority (69%) of BN(O) visa holders are educated to degree level or higher and most are working in a professional occupation (39%) or associate professional occupation (26%).
Length of stay
An overwhelming majority (96%) of BN(O) visa holders intend to stay in the UK for longer than the duration of their current visa or indefinitely. The rest intend to stay for the duration of their current visa only (2%) or are unsure (2%).
Data collection method
The Home Office commissed IFF Research to conduct a two-stage survey; the first took place from April to May 2021 and involved 250 visa holders and the second was conducted from August to September 2021 with a further 250 visa holders. The sample was randomly selected, but was representative of the overall BN(O) visa holder cohort in terms of age, gender, and in-country and out-of-country applicants. The data refers to main applicants only; dependants are not included.
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