IMPACT — MEDIUM

The Home Office has provided additional guidance for travelers required to apply for Electronic Travel Authorization.

Key Points:

  • Beginning Oct. 25, Qatari nationals will be able to apply for ETA through the “UK ETA app” or through this website. Qatari nationals must have ETA by Nov. 15.
  • ETA will cost £10 (about US$12.50) per application.
  • Beginning Feb. 22, 2024, nationals of Bahrain, Jordan, Kuwait, Oman, Saudi Arabia and the United Arab Emirates will need to apply for ETA.
  • By the end of 2024, ETA will be required for visitors who do not need a visa for short stays, including those visiting from Europe and other countries, including Australia and the United States.
  • Those who hold ETA will be allowed to enter the United Kingdom:
    • For up to six months for tourism, certain study, visiting family or business purposes.
    • For up to three months on the Creative Worker visa concession.
    • To transit through the country.
  • Travelers will be exempt from ETA if they have a British or Irish passport; permission to live, work or study in the United Kingdom; or a visa to enter the United Kingdom.

Additional Information: ETA will be valid for two years (or to the expiration date of the applicant’s passport, if sooner) for multiple entry into the country. Individuals who are denied ETA must apply for a Standard Visitor visa, Temporary Work – Creative Worker visa or transit visa. More information regarding ETA is available here.

BAL Analysis: The Home Office is introducing ETA to increase border security and improve travel for those who do not need a visa to enter the country. ETA is set to replace the current Electronic Visa Waiver Scheme, which requires visitors to the United Kingdom from Gulf Cooperation Council countries to pay a higher cost for a single-use visit.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2023 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.

IMPACT — MEDIUM

The U.K. Home Office plans to introduce new restrictions to student visa routes to reduce migration.

Beginning in January 2024, authorities plan to:

  • Restrict the ability of foreign national students to sponsor family members under all immigration routes except for post-graduate research routes.
  • No longer allow overseas students to switch from the student visa route into work routes until their studies have been completed.
  • Review the funds students must have to demonstrate they can support themselves and their dependents while in the United Kingdom.
  • Impose limitations on international student agents who may be supporting applications illegally.

Additional Information: U.K. authorities do not plan restrictions on graduate visa routes at this time.

BAL Analysis: The new government restrictions to student visa routes aim to cut net migration by restricting the ability for international students to bring family members on all but post-graduate research routes and banning people from using a student visa to work in the United Kingdom.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2023 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.

IMPACT — MEDIUM

The Canadian government has announced that it will introduce new passports with enhanced security features and online passport renewal.

Key Points:

  • Beginning in summer 2023, Canadian nationals will begin receiving passports with new a new design and enhanced security features.
  • Canadian passport holders are not required to obtain a new passport; passports will remain valid until their expiration date.
  • Beginning in fall 2023, Canadian nationals will be able to renew their passport online, including paying the fees and uploading passport photographs.

Additional Information: Canadian nationals can use the Passport Application Status Checker to see the status of their application.

BAL Analysis: Canadian authorities introduced the new passport design with enhanced security features to protect the personal information of Canadian citizens and streamline the passport renewal process.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2023 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.

IMPACT — MEDIUM

The U.K. Home Office has published its list of endorsing bodies for the Innovator Founder and Scale-up visas.

Key Points:

  • Foreign nationals can now be endorsed by Envestors Limited, UK Endorsing Services, Innovator International and the Global Entrepreneurs Program. The full endorsing bodies list is available here.
  • Endorsing bodies included on the “Legacy Innovator Endorsing Bodies” list may only provide further endorsements for Innovator Founder applications that they have previously endorsed under either the Innovator or Start-up visa routes before April 13, 2023.
  • More information regarding endorsing bodies for the Innovator Founder and Scale-up visas is available here.

Additional Information: Foreign nationals who have been offered an endorsement by an organization that is not on the endorsing bodies list can report it through this website.

BAL Analysis: Applicants and immigration advisors should refer to the information on gov.uk for general queries regarding the Innovator Founder route. Those who need further information should contact U.K. Visas and Immigration.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2023 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.

IMPACT — MEDIUM

The U.K. Home Office has granted eligibility concessions to some individuals applying for Hong Kong British National (Overseas) status.

Key Points:

  • Family members of an adult child who passes away while applying for the Hong Kong BN(O) visa are now allowed to apply for the visa.
  • Previously, family members of only a main applicant who passed away were allowed to continue to apply for the visa.
  • Adult children and their family members of Hong Kong BN(O) beneficiaries now can be granted 12 months “Leave Outside the Rules,” allowing those applying though the Hong Kong BN(O) route to temporarily waive financial and resident requirements.
  • Previously, adult children were not eligible for “Leave Outside the Rules” concessions.

BAL Analysis: The Home Office has granted concessions under the Hong Kong BN(O) route to make the program more inclusive and waive requirements that were deemed unfair to certain family members and adult children.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2023 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.

IMPACT — MEDIUM

The Home Office will increase the minimum salary requirements for some visa categories on April 12.

Key Points:

  • The new general salary requirements will apply to the following categories when the certificate of sponsorship is assigned on or after April 12, 2023:
    • Skilled Worker visas must be paid at least £26,200 (about US$32,400), increased from £25,600.
    • Graduate Trainee visas must be paid at least £24,220, increased from £23,100.
    • Scale-up Worker visas must be paid at least £34,600, increased from £33,000.
    • Senior or Specialist Worker visas must be paid at least £45,800, increased from £42,400.

Additional Information: Sponsors must pay at least the minimum salary requirement or the going rate for the role for certificates of sponsorship assigned on or after April 12. The new going rates are available here on page 39. Sponsors must also pay above the minimum hourly rate, which is £10.75 per hour, increased from £10.10 per hour for Skilled Worker and Scale-up applications.

BAL Analysis: Businesses may see a slight increase in labor costs because of the new minimum wage. Employers should take the new wage minimums into account and adjust their 2023 budgets if necessary.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2023 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.

IMPACT — MEDIUM

The Home Office expects a workers’ strike will cause processing delays for those renewing their passports from April 3 to May 5.

Key Points:

  • The proposed strike will impact passport renewal offices in England, Scotland and Wales, including the offices in Durham, Glasgow, Liverpool, London, Newport, Peterborough and Southport from April 3 to May 5.
  • Passport offices in Northern Ireland have yet to announce if they will join the coordinated strike.
  • Individuals can renew their passports online through this website.
  • The strikes are set to end on May 5.

BAL Analysis: Those trying to renew their passports during the strike should expect significant delays. Individuals with urgent travel needs should renew their passports as soon as possible.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2023 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.

IMPACT — MEDIUM

The Home Office has announced that it will lift its COVID-19 testing requirements for those traveling from mainland China.

Key Points:

  • Beginning April 5, travelers from mainland China, including those traveling from China through Hong Kong and Macao, are no longer required to have proof of a negative COVID-19 test to enter England.
  • Individuals whose flights arrive to England before 11:59 BST on April 4 must have proof of a negative COVID-19 test taken within 48 hours before arrival.
  • Testing requirements may differ for those traveling to Northern Ireland, Scotland and Wales; travelers should refer to the respective government websites for specific requirements.
  • More information regarding COVID-19 travel guidance to England is available here.

BAL Analysis: The Home Office implemented the testing measures in January amid a surge in COVID-19 cases in China. The government said that COVID-19 has returned to a normal level in China and adjusted its response to the COVID-19 virus as needed.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright ©2023 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.

IMPACT — MEDIUM

The U.K. Home Office has announced that it will require travelers who do not need a visa to apply for Electronic Travel Authorization.

Key Points:

  • Beginning Nov. 15, Qatari nationals will need to apply for ETA through the U.K. ETA app or through this website.
  • Beginning Feb. 22, 2024, nationals of Bahrain, Jordan, Kuwait, Oman, Saudi Arabia and the United Arab Emirates will need to apply for ETA.
  • By the end of 2024, ETA will be required for all visitors who do not need a visa for short stays, including those visiting from Europe and other countries including Australia and the United States.
  • Those who hold ETA will be allowed to enter the U.K.:
    • For up to six months for tourism, visiting family, business purposes or school.
    • For up to three months on the Creative Worker visa concession.
    • To transit through the country.
  • Travelers will be exempt from the ETA requirement if they have a British or Irish passport; permission to live, work or study in the U.K.; or hold a visa to enter the country.

Additional Information: ETA will be valid for two years for multiple entries into the country. Individuals who are denied ETA must apply for a Standard Visitor visa, Temporary Work – Creative Worker visa or transit visa. More information regarding ETA is available here.

BAL Analysis: The Home Office is introducing ETA to increase border security and improve travel for those who do not need a visa to enter the country. ETA is set to replace the current Electronic Visa Waiver Scheme, which requires visitors to the U.K. from Gulf Cooperation Council countries to pay a higher cost for a single-use visit.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2023 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.

IMPACT — MEDIUM

The U.K.’s Migration Advisory Committee announced a Call for Evidence in its review of the Shortage Occupation List.

The Call for Evidence seeks to gather employers’ views on:

  • Whether the salary requirement for occupations on the Shortage Occupation List should be whichever is higher of the going rate (rather than 20% less than the going rate) or £20,480, subject to a minimum of £10.10 per hour.
  • Which occupations on the current Shortage Occupation List should be included or removed.
  • Which occupations should be added to the Shortage Occupation List at various skill levels (based on evidence).

Employers’ should submit their evidence before May 26. More information regarding the Call for Evidence is available here.

Additional Information: The MAC considers the data and qualitative evidence from stakeholders and compiles a recommended list of occupations for the Shortage Occupation List; however, the Home Office has the final authority in deciding which occupations are selected. The £20,480 minimum threshold is likely, subject to Parliamentary approval, to be increased to £20,960 as part of the Immigration Rules changes expected on March 9.

BAL Analysis: The Call for Evidence allows employers to provide evidence to include certain occupations on the Shortage Occupation List and to provide evidence of conditions limiting access to foreign workers of all skill levels. Stakeholders are reminded that they must respond to the Call for Evidence before May 26.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2023 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.