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IMPACT – HIGH
EU/EEA and Swiss citizens in the United Kingdom have until June 30 to apply for the EU Settlement Scheme. The scheme allows EU citizens and their family members who were living in the U.K. before Jan. 1, 2021, the chance to safeguard their residence status.
Eligibility:
Requirements:
Benefits:
BAL Analysis: Citizens of the EU, EEA or Switzerland living in the U.K. should apply for the EU Settlement Scheme if they have not done so already and wish to continue living in the U.K. Additional information on the step-by-step process is available here.
This alert has been provided by Berry Appleman & Leiden. For additional information, please contact berryapplemanleiden@bal.com.
Copyright © 2021 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.
In response to the COVID-19 pandemic the Home Office put in place temporary measures in March of last year to allow “adjusted” right to work checks to be carried out over a video call using copies of original documents.
The Home Office announced this week that it would extend these temporary measures until June 21, 2021, after which employers are expected to return to the usual “pre-pandemic” right to work check processes. The temporary measures had previously been set to end on May 17.
Key Points:
Analysis & Comments: The extension of the temporary measures is positive news to employers who have been undertaking the adjusted right to work checks since March 30, 2020, and do not yet expect employees to return to the office from May 17, 2021. Employers are reminded, however, to consider the logistics around carrying out checks again under the normal requirements as return to office plans are finalized from June 21.
Employers must ensure they take note of the June 21 date for when the temporary adjustments for right to work checks are ending and put measures in place for applicants who are not able to generate a share code for an online right to work check.
For instance, for a British national with an original passport, the applicant would need to report to the office with the original passport in their possession from June 21. Alternatively, employers may be permitted to do a right to work check over a video call but only providing the employer is in possession of the original documents, as confirmed in the employer right to work guidance.
The guidance further confirms employers will maintain a defense against a civil penalty on any adjusted checks undertaken during this period, providing they were done as set out in the COVID-19 adjusted checks guidance.
The response to COVID-19 continues to develop, and Deloitte will provide additional updates as information becomes available.
Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2021. For information, contact Deloitte Touche Tohmatsu Limited.
The United Kingdom and India recently signed a new migration partnership, which plans to introduce a new visa scheme for British and Indian young professionals.
Additional Information: The Migration and Mobility Partnership aims to ease the ability of young British and Indian nationals to live and work in each other’s countries.
The implementation date for the Young Professionals scheme has yet to be announced, but it will be modelled on the existing Youth Mobility Scheme applicable to individuals aged 18-30 from countries including Australia, Canada and New Zealand. The full text of the Migration and Mobility Partnership is available here
The United Kingdom has confirmed that it will implement its “traffic light” ranking system for resuming international travel and will lift current restrictions on 12 “green list” countries, including Australia, Israel, New Zealand, Portugal and Singapore. The changes will take effect May 17.
Analysis & Comments: The implementation of the “traffic light” system is welcome news that will ease travel procedures for travelers to and from 12 countries/territories. Travelers should treat the news with caution, however, as the countries on the “green list” are subject to change and may have their own restrictions for outbound travelers from the U.K.
Leisure and non-essential business travel still remains suspended for travel to most countries, and even those traveling to and from “green list” countries will need to follow testing protocol before departing and following arrival in England. Travelers are also reminded that different rules apply for inbound travel to Scotland, Wales and Northern Ireland, which have yet to update their guidance on any changes from May 17.
The response to the COVID-19 pandemic continues to develop, and Deloitte will provide additional updates as information becomes available. Please check Deloitte’s COVID-19 Digital Map, for information on travel restrictions and immigration changes in the U.K. and other countries.
In response to the COVID-19 pandemic, on March 30, 2020, the Home Office put in place temporary measures allowing “adjusted” right to work checks to be carried out over a video call using copies of original documents.
The Home Office has now announced that the temporary COVID-19 adjusted right to work check measures will end on May 16, 2021, after which employers are expected to return to the usual “pre-pandemic” right to work check processes. Retrospective checks will not need to be carried out on employees who had a COVID-19 adjusted right to work check from March 30, 2020 through May 16, 2021.
Analysis & Comments: Previous Home Office guidance confirmed repeat retrospective checks on original documents would be required on the adjusted right to work checks within eight weeks of COVID-19 restrictions being lifted. Therefore, the updated guidance should come as positive news to employers who have been undertaking the adjusted right to work checks since March 30, 2020; however, logistics around carrying out checks again under the normal requirements may be a challenge as return to office plans are finalized.
Employers should take note of the May 16, 2021, date for when the temporary adjustments for right to work checks are ending and put measures in place for applicants who are not able to generate a share code for an online right to work check.
For instance, for a British national with an original passport, the applicant would need to report to the office in person with the original passport in their possession from May 17, 2021. This is so the validity of the original passport is checked by the employer in the presence of the holder.
Employers may be permitted to do a right to work check over a video call but only provided the employer is in possession of the original documents, as confirmed in the employer right to work guidance. In this instance, the applicant would need to physically post their passport to the employer to enable the check to be conducted via a video call. This would allow the employer to check the likeness of the applicant on the video call against the original document in their possession. Employers can no longer rely on the inspection of a document via a video call, or by checking a scanned copy of the document.
The guidance further confirms employers will maintain a defense against a civil penalty on any adjusted checks undertaken during this period, provided they were done as set out in the COVID-19 adjusted checks guidance.
Rest of World Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This includes Deloitte Tax LLP in the United States, which does not provide legal and/or immigration advice or services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2021. For information, contact Deloitte Touche Tohmatsu Limited.
The U.K. government has announced that it will add India to its COVID-19 “red list.” Most foreign nationals traveling from India will be barred entry to the U.K. beginning this Friday, April 23.
Analysis & Comments: The new requirement is essential to note for travelers from India or those who have been in India in the last 10 days. Eligible travelers will need to factor in additional costs of the mandatory hotel stay. Travelers to the U.K. are also reminded that the existing requirements remain in place for COVID-19 testing 72 hours before travel and on day two and day eight after arrival. Employers who intend to send employees to the U.K. may wish to consult with BAL about their travel plans.
This alert has been provided by the BAL Global Practice group. For additional information, please contact berryapplemanleiden@bal.com.
The United Kingdom’s Global Travel Taskforce has set out plans to safely resume international travel, including plans for a new traffic light ranking system, a “green watch list” and the introduction of a new travel certification system.
The Global Travel Taskforce’s report on the safe return of international travel suggests travel could resume as soon as May 17, 2021. While testing and quarantine measures would remain in place, passengers would no longer need to prove they have a valid reason to leave the country. Currently, international travel is only permitted where you have a reasonable excuse to leave the U.K., such as essential work or business reasons where it is not reasonably possible to complete that work within the U.K.
The permission to travel form would be eliminated, but other measures would be taken to mitigate the spread of the COVID-19 virus.
Traffic Light System.
The traffic light system would categorize countries as “green,” “amber” or “red” based on their risk for spreading COVID-19. Officials would consider factors such as (1) the percentage of the country’s population that has been vaccinated, (2) the country’s rate of infection, (3) the prevalence of variants of concern in the country and (4) the country’s access to reliable scientific data and genomic sequencing.
Quarantine and testing measures would remain in place for all travelers entering the United Kingdom, but would apply differently as follows:
“Green Watchlist.” U.K. officials plan to introduce a “green watchlist” of countries that are at risk of moving from “green” to “amber.” This would give passengers more predictability about which protocol they would be subject to upon returning to the U.K. Officials stress, however, that while the watchlist would help warn travelers of potential changes, they would not hesitate to move countries into different categories immediately if necessary. The watchlist nonetheless aims to provide “greater assurance” for those wishing to travel abroad.
Travel Certification. Officials said the U.K. would play a leading role in developing international standards for a digital travel certification program. Such a program could facilitate both inbound travel and outbound travel to countries that have their own travel certification programs in place.
Analysis & Comments: The resumption of international travel and the elimination of the requirement that people provide a valid reason to leave the U.K. are certainly welcome developments, not just for business travelers but also for those wishing to travel internationally for leisure purposes. Travelers should note, however, that May 17 remains an ambitious target date, and officials stress that this is the earliest possible date for international travel to resume. Restrictions will also be formally reviewed on June 28, taking into account the international COVID-19 health picture at that point in time. Measures may be relaxed or tightened at that point in time. Further formal reviews will also take place over the course of the next six months. Additional information is expected in the coming weeks and Deloitte will provide further updates in due course.
Italian authorities have eased restrictions on travel from Austria, Israel and the United Kingdom and implemented new quarantine procedures for travel from within the European Union.
Analysis & Comments: While authorities have eased restrictions on travel from Austria, Israel and the United Kingdom, testing and quarantine requirements from these and other “List C” countries will remain in place at least until the end of the month. The response to the COVID-19 pandemic continues to develop, and Deloitte will provide additional updates as information becomes available.
The U.K. government has announced that beginning at 4 a.m. on Friday, April 9, Bangladesh, Kenya, Pakistan and the Philippines will be added to England’s COVID-19 “red list.”
Additional Information: The new measures mark a tightening of restrictions in light of reported new variants of COVID-19.
Analysis & Comments: The new requirement is essential to note for travelers from Bangladesh, Kenya, Pakistan and the Philippines. Eligible travelers from these countries will need to factor in additional costs of the hotel stay.
Travelers to England are reminded that the existing requirements remain in place for COVID-19 testing 72 hours before travel and on day two and day eight after arrival. The existing requirement to self-isolate for 10 days after arrival (either in the traveler’s accommodation or a hotel if arriving from a red list country) also remains in place. Employers who intend to send employees to the U.K. may wish to consult with Deloitte about their travel plans.
The response to COVID-19 continues to develop, and Deloitte will provide additional updates as information becomes available. Please check Deloitte’s COVID-19 Digital Map, available here, for information on travel restrictions and immigration changes in other countries.
Rest of World Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This includes Deloitte Tax LLP in the United States, which does not provide legal and/or immigration advice or services. This communication contains general information only, and none of Deloitte Touche To.hmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2021. For information, contact Deloitte Touche Tohmatsu Limited.
The United Kingdom has resumed priority processing in most U.K. immigration categories for applications submitted from within the U.K.
Analysis & Comments: The resumption of the priority service routes is certainly good news for visa applicants applying from within the U.K. However, applicants need to be mindful there is currently a lead time of around four weeks to secure an appointment, and that the issuance of the Biometric Residence Permit (BRP) could take up to a further seven to 10 working days following the approval of the application. Applicants for U.K. visas or settlement are welcome to discuss possible expedited processing options with Deloitte.