15 January 2019

Following a momentous year for UK immigration (marked by the Windrush scandal, Brexit turmoil and a Government white paper setting out proposals for a complete overhaul of the current immigration system), with Brexit now barely two months away, we embark on the most significant year for UK immigration policy in decades. Our specialist immigration team looks at some of the high lights and low lights of 2018 and examines what lies ahead in 2019.

Brexit
In a year full of twists and turns, 2018 finally provided some clarity to EU nationals in the UK as well as their family members and employers, after the UK and the EU reached the draft Withdrawal Agreement in March 2018.

EU Settlement Scheme (EUSS)
In August 2018 the new EU Settlement Scheme (EUSS) was rolled out on a trial basis and is finally being made available to the public from next week (21 January 2019). The system will enable EU nationals already in the UK (as well as certain family members) to secure their right to live and work in the UK beyond the agreed transitional period (set to last until 31 December 2020).

While the EUSS promises a simple registration process and a quick turnaround, not all EU nationals are currently covered by these rules. Those granted settled status under the scheme will normally be required to wait 12 months before they can naturalise as British citizens. EU nationals with long-term residence in the UK wishing to naturalise straightaway should consider applying instead for a permanent residence (PR) certificate recognising their earlier acquired PR.

Under the current agreement, which is due to be voted on in Parliament this evening, EU nationals would continue to be able to move to the UK until 31 December 2020, when free movement is expected to end and be replaced with a new immigration system from 2021. Look out for further updates from us.

Tier 2 sponsored workers
A major challenge for sponsored workers and their employers in 2018 was the ongoing shortfall of Restricted Certificates of Sponsorship available to employers to sponsor Tier 2 (General) migrants applying for entry clearance from outside the UK. The effect was that the minimum salary threshold (usually £30,000) for those subject to the cap was inflated to up to £60,000 until, August 2018, when medical staff was removed from the cap and salary levels resumed to usual levels. The adverse impact for businesses that were left unable to employ valuable talent from abroad for many months has no doubt contributed to the government’s recent white paper proposal (see below) to scrap the cap.

Immigration Health Surcharge (IHS)
The IHS doubled on 8 January 2019 from £200 to £400 per applicant per year (except for those applying under the Tier 5 Youth Mobility Scheme and students (including dependants of students) whose IHS increased from £150 to £300) raising the cost for a typical five year sponsored worker with a spouse and two children to £8,000.

Immigration white paper
The immigration white paper was published in December 2018. Key features include:

• proposing a new immigration system, which will not differentiate between EU and non-EU citizens, to commence in 2021;
• introducing a new immigration route (akin to Tier 2) for sponsored employment for roles at skill level RQF level 3 or above;
• removal of the Tier 2 annual cap;
• removal of the Resident Labour Market Test (RLMT); and
• introduction of a new category for short-term, lower skilled roles, limited to nationals of certain countries, including EU.

Looking ahead to 2019

Immigration Rules changes
2019 is expected to bring comprehensive changes in various immigration categories, including:

• changes to the Tier 1 (Investor) category relating to the origin of funds evidence and the permitted forms of investment, expected to come into effect from spring 2019;
• replacement of the Tier 1 (Entrepreneur) with an Innovator category from spring 2019, with the new category set to require an assessment of the business by a ‘business sponsor’;
• introduction of a Start-up route which is expected to replace the Tier 1 (Graduate Entrepreneur) category and as with the Innovator route, will require an assessment by a ‘business sponsor’;
• introduction of a new right to work checking service in late January enabling Tier 2 sponsors to check their employees’ right to work electronically; and
• trialing a scheme for temporary seasonal agricultural workers.

Brexit
The public implementation of the EUSS will commence on 21 January 2019 when all EU nationals holding a valid passport and those non-EEA national family members holding a valid biometric residence card (BRC) will be able to apply. Those without a valid passport/BRC will be able to apply from 30 March 2019.

No deal Brexit 
In a no-deal Brexit, the rights of EU nationals will vary depending on the date they commence residence in the UK:

Get in touch
For further information on recent and forthcoming changes to UK and US immigration law contact your assigned LDS lawyer or enquiries@lauradevine.com.

We very much look forward to working with you in 2019 and will keep you updated on the latest changes.