IMPACT – HIGH

The United Kingdom has barred entry to most travelers from South America, Cape Verde, Panama and Portugal. The move was made in response to the detection of a new COVID-19 variant in Brazil and countries with strong travel connections to Brazil.

Key Points:

• Beginning Jan. 15 at 4 a.m., the U.K. halted entry to travelers who in the past 10 days have been in Argentina, Brazil, Bolivia, Chile, Cape Verde, Colombia, Ecuador, French Guiana, Guyana, Paraguay, Panama, Portugal (including Madeira and the Azores), Peru, Suriname, Uruguay or Venezuela. The restriction also applies to travelers who have transited through any of these countries.
• The U.K. will also impose a flight ban on any of these countries that have direct flights to the U.K., including Argentina, Brazil, Cape Verde and Portugal (including Madeira and the Azores).
• The U.K. will close its travel corridors with Chile, Madeira and the Azores. The U.K. does not have travel corridors with any of the other countries facing new restrictions.
• U.K. nationals, Irish nationals and third-country nationals with residence rights in the U.K. are exempt from the ban but will be required to self-isolate with their household for 10 days upon arrival. Anyone arriving from the countries listed above will not be permitted to cut their period of isolation short through the Test to Release scheme.

Additional Information: The U.K. is also moving to implement a new COVID-19 testing requirement for anyone traveling to England from 4 a.m. on Jan. 18 forward. Internal COVID-19 restrictions also remain in place, prohibiting travel except for a very limited set of reasons, including work.

Analysis & Comments: 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, available here, for information on travel restrictions and immigration changes in the U.K. and 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 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.

IMPACT – HIGH

The Home Office has released official guidance confirming that from 4 a.m. on Jan. 18, anyone traveling to England will be required to present a negative COVID-19 test result before departure.

Key Points:

• The Home Office previously announced that the testing requirement would take effect on Friday, Jan. 15. This has been delayed until Monday, Jan. 18, to allow additional time for travelers to adjust and prepare.
• Passengers arriving in England before Jan. 18 at 4 a.m. are under no legal obligation to get a test before traveling and should not be denied boarding for failing to provide proof of a negative test result. They will not be fined upon arrival, but the guidance still encourages anyone traveling before Jan. 18 to get a test if possible.
• Beginning Jan. 18, anyone arriving in England, including U.K. nationals, will be required to provide proof of a negative COVID-19 test result taken within three days before starting their journey to England. This applies to passengers arriving by ship, plane or train, and must be presented before boarding for travel.
• The test result must be in English, French or Spanish, and translations will not be accepted. The original test certificate must be presented and may be presented electronically on a mobile device.
• The guidance also outlines the criteria for acceptable test providers and the type that must be used. Tests must meet certain performance standards, and acceptable tests include PCR tests, LAMP tests or an antigen test.
• It is permissible to use a test taken in the U.K. ahead of a return journey of less than three days, so long as a private test provider, not NHS Test and Trace, is used.
• If the test result is positive, travel to England is not permitted. If the result is inconclusive, another test must be taken.
• Travelers must ensure they have a valid test result to present when boarding at the start of their journey. They should not rely on getting a test in a country through which they are transiting. Passengers who arrive in England who have not complied with the requirement will be subject to fines starting at £500.
• There are certain exemptions. A test is not required for children under 11 years old. Travelers with a specified medical reason and travelers whose journey began in Ireland,  Northern Ireland, Scotland, Wales, the Isle of Man, Jersey, Guernsey, Ascension Island, the Falkland Islands and St. Helena are also exempt. A test will not be required for those arriving from Antigua and Barbuda, St. Lucia or Barbados until Thursday, Jan. 21, at 4 a.m.
• Travelers in certain jobs are also exempt, including borders and customs officials, hauliers and air, maritime and rail crew. Travelers wishing to claim an exemption are advised to speak to a Deloitte immigration professional before undertaking their journey to ensure they do not inadvertently violate the requirements.
• Having the negative test result will not negate the existing requirement to isolate for 10 days upon arrival, even for passengers arriving from the U.K.’s travel corridor list. Travelers staying in England can cut their isolation period short by testing negative for COVID-19, at their own expense, five days after arrival. This is referred to as the “Test to Release” scheme.
• Passengers will continue to be required to complete a passenger locator form and will be subject to current lockdown restrictions while they are in the U.K.
• The testing requirement will also apply to individuals traveling to Scotland from Friday, Jan. 15, at 4 a.m. The appropriate guidance is on this Scottish government website. The requirement does not yet apply to those traveling to Wales or Northern Ireland but further details are expected to be released soon.

Analysis & Comments: Travel to and from the U.K. remains limited because of the COVID-19 pandemic, and the testing requirement will further add to the time it takes to plan travel. Deloitte will provide additional information as it 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.

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.

 

 

IMPACT – HIGH

U.K. officials have announced that from 4 a.m. on Jan. 15, 2021, anyone traveling to England will be required to present a negative COVID-19 test result before departure.

Key Points:

• Beginning 4 a.m. on Jan. 15, 2021, anyone arriving in England, including U.K. nationals, will be required to provide a negative COVID-19 test result for a test taken within 72 hours of departure and before travelling. This applies to passengers arriving by ship, plane or train.
• Passengers who arrive in England who have not complied with the requirement will be subject to fines starting at £500.
• Having the negative test result will not negate the existing requirement to isolate for 10 days upon arrival, even for passengers arriving from the U.K.’s travel corridor list. However, travelers staying in England can cut their isolation period short by testing negative for COVID-19, at their own expense, five days after arrival. This is referred to as the “Test to Release” Scheme.
• Passengers will continue to be required to complete a passenger locator form and will be subject to current lockdown restrictions while they are in the U.K.
• Additional guidance from the Home Office is expected to be published soon, including information on the type of proof that will be required and testing standards. This will include that the test must be of a diagnostic-standard test, such as the “PCR” test. The testing requirement does not apply to travel to Scotland, Wales and Northern Ireland at this time, but further details are expected to be released in the coming days.

Analysis & Comments: Travel to and from the U.K. remains limited because of the COVID-19 pandemic, and the testing requirement will further add to the time it takes to plan travel to England. Deloitte will provide additional information as it 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.

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.

IMPACT – HIGH

While the end of free movement will make travel, migration and work authorization more complex for U.K. nationals in the EU and EU nationals in the U.K., the recently approved Trade and Cooperation Agreement does provide some clarity for business travelers, intra-corporate transferees, contractual service suppliers and independent professionals.

Key Points:

• Short-Term Business Visitors. Under the agreement, U.K. business travelers will be able to visit the EU and the Schengen Area visa-free for up to ninety days in a six-month period. The U.K. will be bound by this provision as well; although, under its current law, the U.K. already allows EU nationals to visit on business for stays of up to six months without needing to obtain a visa.

The deal ensures that a list of permitted activities can be performed without the need to obtain a work permit or submit any form of economic needs test or other pre-travel approval. The agreement overrides the current national immigration legislation in member states for third countries, which differs so in practice, there may be some adjustment required and administrative disruption while the rules are transposed and implemented.

The permitted activities included in the agreement include but are not limited to:

• Meetings and consultations: attending meetings or conferences, or engaged in consultations with business associates.
• Research and design: technical, scientific and statistical researchers conducting research.
• Commercial transactions: management and supervisory personnel and financial services personnel (including insurers, bankers and investment brokers) engaging in a commercial transaction.
• Participating in training seminars.
• Participating in trade fairs and exhibitions.
• Sales: representatives of a supplier of services or goods taking orders or negotiating the sale of services or goods or entering into agreements to sell services or goods for that supplier, but not delivering goods or supplying services themselves. Short-term business visitors shall not engage in making direct sales to the general public.
• Purchasing: buyers purchasing goods or services for an enterprise, or management and supervisory personnel, engaging in a commercial transaction.
• After-sales or after-lease service.
• Tourism personnel: tour and travel agents, tour guides or tour operators attending or participating in conventions or accompanying a tour.
• Conducting translation and interpretation.

The agreement also provides some protection for senior level U.K. national and EU national business travelers, visiting the EU and U.K. respectively, and performing company establishment activities.

• Intra-corporate Transferees (ICTs). This route allows managers, specialists or graduate trainees to be temporarily transferred from one group company to a representative office, subsidiary, branch or head company belonging to the same group entity in the U.K. or EU.

U.K. ICTs will be permitted to work in the EU for up to three years for managers and specialists and up to one year for graduate trainees, which is consistent with the EU’s ICT framework.

The U.K. will be bound by this provision as well; however, currently U.K. law is more generous and permits ICTs to remain in the country for up to five years in a six-year period or nine years in any ten-year period if the ICT will be earning £73,900 or more per year. We expect the rules for ICTs coming to the U.K. to remain as they are.

An assessment will need to be undertaken by the Deloitte immigration team each time a secondment/transfer is contemplated to determine what type of work authorization process would be applicable to each particular set of circumstances, on a country-by-country basis.

• Contractual Service Suppliers. This route allows for employees of a company which is established in either the U.K. or EU, and where that company does not have a presence in the EU or U.K. respectively, to travel to provide their services in the other country. The employing company must have an agreed and signed contract for services, and the length of stay is limited to 12 months. While these contractual services are permitted, we expect a work permit will need to be obtained prior to travelling. In addition, there was no automatic recognition of professional services in the agreement, and under this section of the agreement a member state can require particular qualification requirements or licensing requirements in accordance with their national legislation. Some countries also have specific reservations requiring an “economic means test” to be met taking into account their local market conditions and capacity to perform the services.We have included below some of the permitted services for Contractual Service Suppliers, however, this list is not exhaustive:
  • Legal advisory services in respect of public international law and home jurisdiction law.
  • Accounting and bookkeeping services.
  • Taxation advisory services.
  • Architectural services and urban planning and landscape architectural services.
  • Engineering services and integrated engineering services.
  • Computer and related services.
  • Research and development services.
  • Advertising services.
  • Market research and opinion polling.
  • Management consulting services.
  • Services related to management consulting.
  • Technical testing and analysis services.
  • Related scientific and technical consulting services.
  • Translation and interpretation services.
  • Telecommunication services.
  • Environmental services.
  • Insurance and insurance related services advisory and consulting services.
  • Other financial services advisory and consulting services.
  • Transport advisory and consulting services.
  • Manufacturing advisory and consulting services.

This route may provide an alternative option where the ICT and/or Business Visitor Routes do not apply.

The expectation is that this route will be implemented differently in different EU countries owing to the reservations described above. An assessment will therefore need to be undertaken on a case-by-case basis to determine the permissibility and applicable work authorization process depending on the destination country.

• Independent Professionals. This route allows for self-employed individuals who are engaged in supplying a service in the U.K. or EU for a contracted period not exceeding 12 months. The individual must have at least six years professional experience in the relevant activity, a university degree or equivalent and, where applicable, hold professional qualifications if they are legally required to undertake that activity. As for ICTs, there was no automatic recognition of professional services in the agreement so a Member State can require particular qualification requirements or licensing requirements in accordance with their national legislation.Such employees will be permitted to work in the U.K. and/or EU for the duration of their contract or up to 12 months, whichever period is shorter and they will be required to obtain a work permit prior to travelling.We have included all of the permitted services in the list below:
  • Legal advisory services in respect of public international law and home jurisdiction law.
  • Architectural services and urban planning and landscape architectural services.
  • Engineering services and integrated engineering services.
  • Computer and related services.
  • Research and development services.
  • Market research and opinion polling.
  • Management consulting services.
  • Services related to management consulting.
  • Translation and interpretation services.
  • Telecommunication services.
  • Postal and courier services.
  • Higher education services.
  • Insurance related services advisory and consulting services.
  • Other financial services advisory and consulting services.
  • Transport advisory and consulting services.
  • Manufacturing advisory and consulting services.

The expectation is that this route will be implemented differently in different EU countries owing to reservations on certain services by some EU countries. An assessment will need to be undertaken by the Deloitte immigration team each time to determine what type of work authorization process would be applicable to each particular set of circumstances, on a country-by-country basis.

In relation to working in the U.K., although limited in scope, this route does provide self-employed people the opportunity to provide their services in the U.K., which is not available under the current U.K. immigration rules. Currently there is only a formal provision in the Rules for Service Providers from Switzerland. Again, an assessment will need to be undertaken by the Deloitte immigration team in each case to determine how best to approach the work authorization process.

U.K. nationals travelling to the EU will require a minimum of six months on their passports in order to be allowed entry to an EU country.

Analysis & Comments: While the end of free movement will make travel, migration and work authorization more complicated for U.K. nationals in the EU and EU nationals in the U.K., the Trade and Cooperation Agreement does provide some clarity for business travelers, ICTs, contractual service suppliers and independent professionals. Deloitte will continue following developments related to Brexit and will provide additional information as it becomes available.

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.

IMPACT – HIGH

Countries in Europe and around the world rushed to suspend travel from the U.K. on Sunday after the U.K. imposed a strict lockdown in London and the South East in light of a newly identified strain of COVID-19.

Among countries that have suspended travel are:

• Canada. Canada suspended flights from the U.K. during the 72-hour period beginning midnight on Monday, after which time the suspension may be extended.
• France. France has suspended air travel for the 48-hour period beginning at midnight on Sunday. Additionally, car, ferry and train travel from the U.K. to France through the Eurotunnel has also been suspended.
• Germany. Germany has suspended flights from the U.K. until at least Dec. 31. Cargo flights and flights with medical personnel or in the interest of public health are exempt.
• Italy. Italy suspended flights from the U.K. until at least Jan. 6. It also moved to prohibit entry to anyone who has been in the U.K. in the 14 days before Dec. 20.
• Ireland. Ireland suspended flights arriving from England, Wales and Scotland for the 48-hour period beginning at midnight on Monday, Dec. 21. Travel to and from Northern Ireland is not restricted at this time.
• Israel. Israel announced additional measures for all travelers arriving from the U.K., including a requirement to complete a 14-day quarantine in a designated state sponsored coronavirus hotel.
• Netherlands. The Netherlands suspended passenger air traffic from the U.K. from 0600 (CET) on Sunday Dec. 20 to Jan. 1.
• Switzerland. Switzerland suspended flights from the U.K. until further notice.
• Turkey. Turkey announced they will be suspending air travel from the U.K. until further notice.
• Belgium. From midnight on Monday Dec. 21, the border will be closed between the U.K. and Belgium for at least 24 hours.
• Denmark. The Danish government has banned all air passenger flights between the U.K. and Denmark from 0900 U.K. time on Monday, Dec. 21 to 0900 U.K. time on Wednesday, Dec. 23.
• Portugal. There is a ban on all passenger travel, with the exception of Portuguese citizens and those legally resident in Portugal, between the U.K. and Portugal starting from midnight on Sunday, Dec. 20. This will remain under review.
• Austria. There will be a flight ban from the U.K. from midnight Tuesday, Dec. 22 until further notice.
• Bulgaria. Air travel will be restricted from midnight on Monday, Dec. 21 to Jan. 31.

Additional Information: There are further reports in global news outlets of lots of other countries imposing travel restrictions from the U.K., including: Argentina, Chile, Croatia, Hong Kong, Iran, Kuwait, Morocco and Saudi Arabia. At this point in time, the UK government travel advice website is fully updated with the latest from all the European countries listed above, and is expected to add information from non-European and other countries in due course.

At this time, there is no indication that visa application centres in the U.K. or overseas are impacted; in the U.K., visa application centres remain an essential service despite the new Tier 4 lockdown announcements. However, in the short term there may be practical implications for traveling into and out of the UK.

Analysis & Comments: Deloitte is closely monitoring the situation and will provide further updates as they become available. Employers should be advised to consider start dates and travel arrangements being delayed for those coming into and out of the U.K. during this period or longer because of the current situation. Additional countries may add restrictions and the restrictions that are in place may be extended or broadened with little notice. Those with urgent travel needs are encouraged to work closely with Deloitte or consult the UK government travel advice website for details on the latest situation for each country.

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. © 2020. For information, contact Deloitte Touche Tohmatsu Limited.

IMPACT – HIGH

The United Kingdom has issued new guidance for frontier workers who want to continue working in the U.K. after the Brexit transition period comes to a close.

Frontier workers who have already been working in the U.K. by Dec. 31 will be able to maintain their frontier worker status but must apply for a permit to do so. Frontier workers arriving on or after Jan. 1, 2020, will be required obtain work authorization under the U.K.’s new points-based immigration system.

Key Points:

• Frontier workers are defined as EU, EEA or Swiss nationals who are employed or self-employed in the U.K. but live outside of it. The definition of “employed” is relatively broad.
• Frontier workers who are working in the country by Dec. 31 will be able to maintain their status in the U.K., but will be required to hold a frontier worker permit from July 1, 2021, to continue to commute to the U.K. Applications for these permits are now being accepted up until June 30, 2021.
• Most frontier worker permits will be issued with a five-year validity period. In some cases, EU/EEA/Swiss nationals who previously worked as frontier workers in the U.K. will be able to obtain a “retained” frontier worker permit valid for two years. These permits will be available to EU/EEA/Swiss nationals who previously worked in the U.K. and are:
  • Unable to work because of an illness, accident or travel restrictions related to COVID-19.
  • Involuntarily unemployed and looking for work in the U.K.
  • Involuntarily unemployed and in vocational training.
  • Unemployed and in vocational training that is related to their previous work.
  • Unable to work because of pregnancy or childbirth.

• EU/EEA/Swiss nationals on maternity or paternity leave and who plan to return to their job, or find another job, will be eligible for five-year permits.
• Applicants must meet requirements for both living outside and working in the U.K. Applicants must not be a “resident” of the U.K. and, in most cases, will be eligible if they spent less than 180 days in 2020 in the United Kingdom, can show that they returned home regularly or that there were exceptional reasons for not being able to return home. Applicants must also show that they started working in the U.K. while living abroad before Dec. 31, that they came to the U.K. at least once every 12 months since they began working in the country and that they carried out “genuine and effective” work in the U.K.
• Applications are free of charge and can be lodged on Gov.uk. Applicants must:
  • Confirm their identity and contact information.
  • Prepare their applications.
  • Provide required supporting documentation and submit their application.
• More information is available here. Applicants are encouraged to work closely with Deloitte throughout each step of the process.
• Frontier workers will need to renew their permits every five years, or every two years for those with “retained” worker status. Renewal applicants will need to show that they continue to meet eligibility and suitability requirements.
• Irish nationals will not be required to obtain a frontier worker permit. They can continue working in the U.K. under the Common Travel Area (CTA) arrangement between the U.K. and Ireland.

Background: The new guidance builds on guidance provided in September.

Analysis & Comments: Employers with employees who live in another country are encouraged to work with Deloitte to make sure those who are eligible to maintain their status do so and obtain the necessary frontier worker permit by July 1, 2021. Where there is a potential for employees to commence a working pattern which meets these guidelines, employers should think about formalizing the arrangement before Dec. 31 so that they can benefit from this permit type.

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. © 2020. For information, contact Deloitte Touche Tohmatsu Limited.

IMPACT – HIGH

The U.K. and Switzerland have secured an agreement on services that maintains high-quality access for U.K. services suppliers to the Swiss market, allowing certain U.K. professionals to travel and work freely in Switzerland visa-free for up to 90 days a year. The agreement also reciprocally allows eligible Swiss service suppliers to execute contracts in the U.K. visa-free for a period not exceeding 90 days per calendar year.

Key Points:

• The initial agreement will last for two years to continue immediately after the transition period, starting from Jan. 1, 2021.
• This route will allow U.K. professionals and other service workers to travel freely to Switzerland and work visa-free for up to 90 days per calendar year.
• U.K. professionals under this route will be able to do business as they do now and not face economic interest tests, work permits or lengthy processing times for the first 90 days.
• Service providers from Switzerland, including eligible employers, companies or self-employed individuals will be able to execute contracts in the U.K. for a period not exceeding 90 days per calendar year. The U.K. Immigration Rules surrounding the agreement can be found here.
• This route does not allow for dependents to accompany or join the Service Provider from Switzerland in the U.K.

Analysis & Comments: The agreement between the U.K. and Switzerland is positive news as it will allow certain professionals and other services workers to continue traveling freely between the U.K. and Switzerland to work-visa free for up to 90 days a year. This gives businesses flexibility on conducting business or providing services between Switzerland and the U.K. without the costs and time delays that would otherwise be applicable if an individual would require a Working visa for either country.

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. © 2020. For information, contact Deloitte Touche Tohmatsu Limited.

IMPACT – HIGH

The United Kingdom will soon allow travelers staying in England to cut their period of self-isolation short if they test negative for the COVID-19 virus.

Key Points:

• The Test to Release scheme, as it is called, will begin Dec. 15.
• Under the scheme, travelers who are required to self-isolate upon arrival in England will be permitted to take a private COVID-19 test, at their cost, after five full days of isolation. If they test negative, they will be permitted to end their isolation; if they test positive, they must continue to isolate for the full 14 days. Those with inconclusive tests will also be required to continue isolating.
• Those who want to participate in the scheme must (1) book a test with a private test provider and (2) opt into the scheme on the UK’s passenger locator form before arriving in the UK. Those who decide after arrival that they would like to participate must fill out a new passenger locator form. The government has not yet released a list of accepted test providers.
• The scheme will be available to travelers who will remain in England, but not to anyone planning travel to Scotland, Wales or Northern Ireland.
• Travelers who have only been in a country or countries on the UK’s travel corridor list in the 14 days before entering the United Kingdom do not need to self-isolate upon arrival. Those working in jobs that qualify for travel exemptions also do not need to self-isolate.
• Additional information is available on the UK government site.

Analysis & Comments: The change could give a boost to business travel in England, as many travelers will no longer to be required to self-isolate for the full 14-day period. Please check Deloitte’s COVID-19 Digital Map, for information on travel restrictions and immigration changes in the UK and 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 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. © 2020. For information, contact Deloitte Touche Tohmatsu Limited.

 

IMPACT – HIGH

As the Brexit transition period nears its end, nationals of the United Kingdom living in the European Union are reminded to fulfill any requirements in their country of residence to show they are legally living there.

Key Points:

• Depending on their country of residence, U.K. nationals and their family members may need to take steps to apply for residence or register their residence before Dec. 31.
• Requirements vary from country to country, with some countries requiring U.K. nationals to take affirmative steps to establish their residence. Country-by-country requirements can be found here.
• Existing valid permanent residence documents issued under the current system may be exchanged for a new residence document for free until June 30, 2021. Individuals may be required to pass background checks. Processes vary from from country to country.
• Immediate family members (spouses, registered partners, dependent children/grandchildren and dependent parents/grandparents) may travel to the EU to be with U.K. nationals after Dec. 31 under the withdrawal agreement, but a prior application may need to be made. The specific process will vary on a case-by-case basis depending on the destination EU country.

Background: The U.K. left the European Union in January, and the Brexit transition period ends Dec. 31.

Analysis & Comments: EU employers should ensure all U.K. national employees and family members (where applicable) are complying with legal requirements in individual EU countries ahead of the end of the Brexit transition period to ensure their residence status can be maintained.

EU employers are also reminded that U.K. national employees who are required to start work in any EU countries from Jan. 1, 2021, and are not already resident, may need to apply for a work/ residence permit given freedom of movement will have ended by then. Some EU countries are already allowing early applications for assignments starting from January and February of next year.

Employers are urged to work closely with Deloitte to discuss what steps must be taken by the end of the year, both for U.K. national employees already resident in any EU countries, and for U.K. national workers that are not planning on moving to their destination EU country until after Jan. 1, 2021.

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. © 2020. For information, contact Deloitte Touche Tohmatsu Limited.

IMPACT – HIGH

The United Kingdom has published a Statement of Changes to immigration rules, providing more information on the U.K.’s points-based immigration system that is set to be implemented Dec 1.

Key Points:

• The government will introduce a Skilled Worker route to replace the Tier 2 (General) route. The route will be for both EEA and non-EEA nationals. Applicants will have to be sponsored by a specific employer licensed by the Home Office. Among key differences:

• • The minimum skill threshold will be broadened from graduate occupations to occupations skilled to RQF level 3. This is roughly equivalent to A-levels or Scottish Highers. Applicants will not need a formal qualification.
  • The general salary threshold will be lowered from £30,000 a year to £25,600 a year. Sponsors will continue to be required to pay their skilled workers the minimum threshold or the “going rate” for the occupation, whichever is higher. Sponsored workers may be paid less than the minimum, depending on the tradeable points they are awarded.
  • The cap for sponsoring skilled workers under Tier 2 General will be removed, reducing end-to-end processing by up to four weeks.
  • Sponsors will not need to undertake a Resident Labour Market Test, reducing processing times by an additional four weeks.
  • The 12-month “cooling off period” and six-year maximum length of stay in the route will be removed.
  • The £35,800 salary threshold for settlement applications will be removed. Instead, sponsors will be required pay their skilled workers a minimum salary of £25,600 or more per year or the going rate for the occupation.
  • Shortage occupations workers or those in listed health or education occupations may be paid £20,480 per year. Their pay must be equal to or more than the going rate for the occupation.
  • The government will consider recommendations in a Sept. 29 Migration Advisory Committee (MAC) report on the Shortage Occupation List.

• The Intra-Company Transfer route and the Intra-Company Graduate Trainee will be revised into a points-based format.

• • Instead of a cooling-off period, migrants ICT workers can hold Intra-Company Transfer leave for up to five years in any six-year rolling period or up to nine years in any ten-year period for high earners.
  • The salary threshold for high earners will be £73,900 per year. Workers who make that amount or more will be allowed to hold Intra-Company Transfer leave for up to nine years in any ten-year rolling period. They will not need to have worked for the overseas business for 12 months before coming to the U.K.
  • In-country switching into the Intra-Company Transfer route will be made simpler, but applicants will still be required to be an existing employee having worked overseas before applying unless they are applying as a high earner.
  • Individuals will be allowed to switch inside the U.K. from a number of long-term visas such as Tier 2 (ICT) visa and Tier 5 Youth Mobility visa. Individuals whose last leave was a Visitor; Short-term student; Parent of a Child Student; Seasonal Worker; Domestic Worker in a Private Household; or outside the Immigration Rules will not be permitted to switch into the Skilled Worker visa in the U.K.
  • The government will take steps to simplify aspects of the visitor route. Visitors will be permitted up to six months of study. Drivers on international routes will be permitted to collect and deliver goods and passengers in and out of the U.K. A requirement that volunteering be incidental to the purpose of the visit will be dropped, and the sporting and creative Permitted Paid Engagement provisions will be separated to apply different requirements to the two categories.

Additional Information: The full Statement of Changes policy paper can be found on this website. Besides the Statement of Changes, the U.K. government also recently released additional guidance on conducting right-to-work checks for EU nationals. Deloitte will provide additional updates on the transition to the new immigration system as further information becomes available.

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. © 2020. For information, contact Deloitte Touche Tohmatsu Limited.