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IMPACT — MEDIUM
The Home Office recently resumed priority services for new marriage and family visa applications.
Key Points:
BAL Analysis: The Home Office resumed priority services for the first time since the start of the war in Ukraine to reduce backlogs for eligible visa applicants.
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.
The Home Office expects a workers’ strike will cause processing delays at land border crossings, airports and U.K. ports of entry beginning Feb. 1.
Additional Information: Travelers can check airport websites before traveling for the latest information related to possible delays caused by the strike.
BAL Analysis: Those with planned travel to the U.K. from Feb. 1-2 should check the latest travel advice before traveling.
The Home Office recently announced that the Asia-Pacific (APAC) Youth Mobility Scheme ballot will open on Jan. 17.
BAL Analysis: Eligible nationals of APAC countries will soon be able to apply for the Youth Mobility Scheme ballot; however, the availability of these visas is limited to 800 ballot places per country/region. Successful applicants should receive an email by Jan. 20. Those interested in the Youth Mobility Scheme should apply again in July if they are not selected in the first ballot. BAL will continue to monitor Youth Mobility Scheme developments and will provide more information as it becomes available.
The Home Office announced that it will increase the minimum wage by more than 9% in April 2023.
Additional Information: The minimum wage is relevant to all workers in the United Kingdom, whose wages cannot be lower than the minimum wage. Foreign workers must be paid above the minimum wage.
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 when planning their 2023 budgets.
Copyright © 2022 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.
The governments of Switzerland and the U.K. have extended their Services Mobility Agreement until January 2026.
Background: Having provisionally been in effect since Jan. 1, 2021, the SMA maintains ease of access for service providers following the end of the free movement of persons between Switzerland and the U.K. following the U.K.’s withdrawal from the EU. It regulates market access and temporary stays for service providers, such as business consultants, IT experts and engineers.
BAL Analysis: The extension of the SMA 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 two countries to work without work permit approval for up to 90 days a year. This extension gives businesses flexibility when conducting business or providing services between Switzerland and the United Kingdom without complications and delays that would be applicable if an individual required a work permit in either country.
The Home Office recently provided updated guidance for employers sponsoring foreign nationals through the Worker and Temporary Worker immigration programs.
Additional Information: Once a worker receives permission to enter the United Kingdom, they should normally start their sponsored employment within 28 days after the start date on their CoS; the “valid from” date on the worker’s entry clearance vignette; or the date the worker is notified of a grant of entry clearance or permission to stay, whichever is later.
BAL Analysis: BAL will continue to follow changes to U.K. immigration rules and will provide more information as it becomes available.
U.K. immigration authorities released the 2022 global universities list used to select High Potential Individual visas.
Additional Information: Education qualifications must be verified by Ecctis for applicants to be eligible for an HPI visa; information on how to verify qualifications is available here.
BAL Analysis: Those who are eligible to apply for an HPI visa should review the application instructions found on the Home Office’s website. Those who receive an HPI visa can work in the United Kingdom for two years (three years for those who hold a PhD) and can switch to other long-term employment visas.
Copyright © 2022 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.
The Home Office has published a Statement of Changes to the U.K. Immigration Rules, expanding its visa-free entry program and amending the Hong Kong British National (Overseas) route.
Additional Information: More information regarding updates to the U.K.’s immigration rules, including changes to the Ukraine Extension Scheme, the Seasonal Worker route and the Global Business Mobility routes, is available here.
BAL Analysis: BAL will continue to follow changes to the U.K. Immigration Rules routes and will provide more information as it becomes available.
The Home Office’s temporary COVID-19 right to work check measures are set to expire this week.
Additional Information: If the job applicant or existing worker cannot show their documents, employers must contact the Home Office Employer Checking Service. If the individual has a right to work, a “Positive Verification Notice” will be sent which provides a statutory excuse for six months from the date of the notice.
BAL Analysis: Employers and employees will no longer benefit from the modified right to work check measures. Employers and employees are reminded that it is an offense to work illegally in the U.K. Individuals who are working illegally because of their immigration status may be subject to enforcement action. Employers could face a civil penalties for employing an illegal worker and not conducting a correct right to work check.
This alert has been provided by the BAL Global Practice group. For additional information, please contact berryapplemanleiden@al.com.
IMPACT – MEDIUM
The Home Office has announced that it will issue electronic Apostilles for documents issued in the U.K.
BAL Analysis: Before U.K. authorities offered electronic Apostilles, applicants were required to send their physical documents to the U.K. Legalization Office by post or courier for their documents to be legalized. U.K. authorities have made the electronic service available in order to simplify the Apostille process, making it cheaper, quicker and more efficient for those needing legalized documents.
This alert has been provided by the BAL Global Practice group. For additional information, please contact berryapplemanleiden@bal.com.