Immigration roundup: 2019-2020
14 January 2020
Brexit
Two narrowly avoided no-deal crashes ultimately culminated in a renegotiated deal and a Conservative General Election win, on the promise to “get Brexit done”. The UK is now due to leave the EU on 31 January 2020 and (provided the deal goes through as expected) a transition period will bring freedom of movement to an end on 31 December 2020 – although this could be subject to an extension. Until then, EU nationals remain free to come to the UK to live and work.
However, the prolonged uncertainty has not played well with EU citizens, who have been increasingly leaving (or choosing not to come to) the UK: migration statistics for 2019 revealed EEA/Swiss net migration to the UK dropped to its lowest point since 2003 amid employers’ growing concerns of recruitment difficulties and skills shortages.
Simultaneously, 2019 witnessed the public launch of the EU Settlement Scheme (EUSS), for those EEA/Swiss citizens who do want to stay. The scheme has already received over 2.5 million applications, however, well over a million EU citizens are yet to apply by the deadline of 30 June 2021.
The European Temporary Leave to Remain scheme was also published to cater for those arriving after the UK’s exit in the event of a no-deal Brexit, although this now seems an unlikely prospect.
As the Home Office has been constantly updating and refining the rules and policies for EEA Swiss nationals, more changes to the system are to be expected in 2020.
Tier 2 – sponsored workers
Several tweaks in the Immigration rules came as welcome news for employers, including the significant expansion of jobs on the shortage occupation list (making sponsorship of workers in those occupations easier/less costly for employers).
Tier 1/high value migrants
Despite the Conservatives’ claim that the “UK is open for business”, the Government made changes that drastically decreased the number of international entrepreneurs able to come to the UK and narrowed the requirements for investors, also resulting in a drop in applications.
In March, the Tier 1 (Entrepreneur) and Tier 1 (Graduate Entrepreneur) categories closed at very short notice and were replaced by the new “Innovator” and “Start-Up” categories, with questionable results. Only 4 Innovators obtained UK immigration permission in the first 6 months of the scheme, in contrast with more than 1,700 applicants approved under the last 6 months of the Tier 1 (Entrepreneur) scheme.
Tier 1 (Investor) applicants are no longer allowed to invest in government bonds, which may have at least partially affected the 60% drop in granted entry clearance applications that followed.
Technological advancement
The Home Office modernised various technological aspects of the immigration system, which have been broadly well-received.
At last, the EUSS app has been made available for iPhones, in addition to Android devices. Although not without technical difficulties at times, the ease of use and functionality of the EUSS app and online form (including checking certain data with HMRC and DWP in real-time) is unparalleled in UK immigration application processes and may offer a glimpse of the future for other application types.
Nationals of seven further countries (including the USA and Australia) became eligible to use e-gates at several UK airports, facilitating entry without encountering an Immigration Officer. Whilst this enhances convenience for some travellers, it also increases the risk of migrants unwittingly entering under the wrong category (which may also result in a breach of their immigration conditions) and creates practical problems for employers undertaking right to work checks due to the absence of passport entry stamps. Employers can now conduct right-to-work checks online.
New immigration routes
The Johnson Government announced that Brexit is an opportunity to reshape the current immigration system entirely and to attract the brightest and the best (ironically, echoing statements of the then labour government when the present system was introduced in 2008), while reducing overall migration.
The flagship proposal, the introduction of an Australian points-based system, so far appears remarkably similar to the current system. Details are currently scant but the three “new” categories, exceptional talent, skilled workers with a job offer and temporary workers, are all already catered for in the existing points-based system, under Tier 1 (Exceptional Talent), Tier 2 (sponsored workers) and Tier 5 (temporary workers), respectively.
With the new system due to launch in January 2021, further details should be unveiled early this year, and will in part depend on the recommendations of the Migration Advisory Committee in its soon-to-be-released report on salary thresholds for sponsored workers and the application of points-based immigration systems.
In addition, the Government has announced some new immigration categories targeting the migrants they want to attract. It will launch a “Global Talent Visa” for STEM professionals and an “NHS visa” for medical staff, who will all be set on an immigration fast track. The post-study work category will return, enabling students graduating from summer 2021 to apply to stay in the UK for two years to seek employment and switch into another category.
Home Office charges
Despite the average cost of the Home Office considering an application being just £127, Home Office filing fees typically exceed £1,000 per applicant and are accompanied by other substantial charges. Unfortunately, this trend seems set to continue in 2020 with a growing concern that costs may be used as a key tool to restrict migration.
Compared to 5 years ago, the typical cost to sponsor a Tier 2 migrant has risen by over 1,000%. This will only rise further with the Government’s plan to raise the “Immigration Health Surcharge” from £400 to £625. This double tax, which requires migrants to pay up front to access NHS services, despite contributing via income tax while working in the UK, was already raised in 2019 from £200 to £400.
For further information on UK Immigration changes as they arise in 2020, please contact your assigned lawyer or email enquiries@lauradevine.com.
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