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IMPACT – HIGH
What is the change? The United Kingdom will soon introduce biometric residence permits (a credit-card sized document) for overseas applicants applying for stays longer than six months, replacing full-validity visa stamps in passports.
What does the change mean? Overseas applicants will have to comply with new procedures: the regular visa stamp will be replaced by a 30-day travel vignette permitting travel to the U.K. to collect the biometric residence permit within 10 days of arrival.
Background: The new procedures comply with an EU regulation requiring member states to issue biometric residence permits. Under the new procedures, a foreign employee applying from abroad will indicate date of travel and a U.K. address with postal code. Instead of a visa stamp denoting the full period of stay, the foreign employee’s passport will be stamped with a 30-day, short-validity vignette. The vignette allows the employee to enter the U.K. and pick up the biometric residence permit within 10 days of arrival at a designated post office. The pick-up location is based on the postal code entered on the visa application form. Applicants may request a change in pick-up location, but it will cause delay and incur a charge. If the applicant must leave the U.K. before collecting the permit, he or she may make multiple entries on the vignette within the 30-day validity period, but once the vignette expires, he or she must apply for a new one.
In 2012, the U.K. completed implementation for in-country applicants. To date, the Home Office has issued approximately 1.8 million biometric permits, including to people extending their visas or settling or transferring their conditions in the U.K. In conjunction with the U.K. Post Office and secure document production units, the Home Office will bring overseas applicants in line with this system, albeit without moving production and issuance of the biometric permits overseas (which would create a number of technical and logistical problems).
BAL Analysis: To avoid delays, employers sponsoring non-EEA employees for longer than six months should work with their BAL attorney to prepare for the new biometric residence permit procedures, paying special attention to the short-validity travel vignette enabling a foreign applicant to enter the U.K. for purposes of obtaining their permit. Any errors on the vignette must be corrected before travel, and any change to the pick-up location will cause delays and added cost.
In terms of compliance, employers should ideally require employees to collect their permit before starting work, as this will allow them to meet the right-to-work requirements in a single step. If the employee must start work before collecting their permit, such as in an urgent relocation, an employer will be able to conduct a right-to-work check of the 30-day vignette in the employee’s passport and then a second check of the permit when the vignette expires. The new procedure may therefore require a cultural shift – while migrants can still fly into the U.K. and start work the same day in an emergency, it will be better to arrange a timeline where the employee can collect the permit comfortably before starting work.
This alert has been provided by the BAL Global Practice group in the United Kingdom. For additional information, please contact uk@bal.com.
Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
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