IMPACT — MEDIUM

The Home Office recently resumed priority services for new marriage and family visa applications.

Key Points:

  • As of Feb. 20, individuals can now use priority services when submitting new marriage and family visa applications.
  • Family visa applications submitted with priority services will be processed in 30 business days instead of 60 business days.
  • Fees are higher for priority services. More information regarding the resumption of priority services for new marriage and family visa applications is available here.

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.

IMPACT — MEDIUM

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.

Key Points:

  • Beginning Feb. 1, travelers should expect significant delays when crossing land borders or entering the country through airports or maritime points of entry.
  • The proposed strike will impact international arrivals at all U.K. air and maritime ports as well as those traveling to the U.K. through U.K. border controls in Calais, Dunkirk and Coquelles in Northern France.
  • The Home Office encourages travelers to use eGates if they are eligible to minimize delays.
  • The strikes are due to end at 7 a.m. on Feb. 2.

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.

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 recently announced that the Asia-Pacific (APAC) Youth Mobility Scheme ballot will open on Jan. 17.

Key Points:

  • Beginning Jan. 17, travelers ages 18 to 30 from Hong Kong (who hold a Special Administrative Region passport), Japan, South Korea or Taiwan can apply for the Youth Mobility Scheme ballot.
  • The ballot window will be open for 48 hours until Jan. 19, after which U.K. authorities will no longer accept new ballot applications.
  • Those planning to apply for the Youth Mobility Scheme ballot should review the eligibility requirements for the visa before entering the ballot.
  • Detailed instructions for applying for the Youth Mobility Scheme ballot are available here.
  • Travelers who are selected in the first ballot can apply under the scheme; individuals who are not selected in the first ballot can apply again during the second ballot in July 2023.
  • British Overseas Citizens, British Overseas Territories Citizens or British Nationals (Overseas) do not need to enter the ballot to apply under the Youth Mobility Scheme.

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.

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 announced that it will increase the minimum wage by more than 9% in April 2023.

Key Points:

  • The United Kingdom’s hourly national minimum wage will increase from £9.50 to £10.42 for workers over the age of 22.
  • The new minimum wage will take effect April 1, 2023.
  • The new minimum wages for those under the age of 23 are available here.

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.

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

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.

IMPACT — MEDIUM

The governments of Switzerland and the U.K. have extended their Services Mobility Agreement until January 2026.

Key Points:

  • The SMA was extended until Dec. 31, 2025, allowing U.K. professionals and other service workers to freely travel to Switzerland and work without a visa for up to 90 days each calendar year.
  • U.K. nationals under the SMA working on assignment will continue to be able to do business as they do now and will not face economic interest tests, need work permits or face lengthy processing times for the first 90 days in Switzerland if the assigning entity can register them online.
  • Service providers from Switzerland, including eligible employers, companies or those who are self-employed, 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 regarding the agreement are available here.
  • This SMA does not allow for dependents to accompany or join the service provider from Switzerland in the U. K.

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.

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

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.

IMPACT — MEDIUM

The Home Office recently provided updated guidance for employers sponsoring foreign nationals through the Worker and Temporary Worker immigration programs.

Key Points:

  • Foreign nationals may begin working in their sponsored employment before the start date recorded on their Certificate of Sponsorship (CoS) as soon as they have permission to enter the United Kingdom.
  • Employers no longer need to report a start date delay if the new start date is within 28 days.
  • If the start date is delayed by more than 28 days, employers must report this delay to the Home Office within 10 working days after the 28-day period or end the sponsorship of the foreign national.
  • Acceptable reasons for a delayed start of more than 28 days include travel delays due to a natural disaster, military conflict or pandemic; the worker is required to complete a contractual agreement for their previous employer; the worker requires an exit visa from their home country, and there have been administrative delays in processing it; or illness, bereavement or other compelling family or personal circumstances, among other reasons.

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.

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

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.

IMPACT — MEDIUM

U.K. immigration authorities released the 2022 global universities list used to select High Potential Individual visas.

Key Points:

  • The list of approved universities for those who graduated or are set to graduate between Nov. 1, 2022, and Oct. 23, 2023, is available here. Lists of approved universities for those who graduated from 2016 to 2021 are available on this website.
  • Qualifying foreign nationals can apply for a short-term work visa under the HPI program without having a job offer.
  • To be eligible to apply, applicants must have graduated from an eligible international university in the previous five years.

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.

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

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.

IMPACT — MEDIUM

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.

Key Points:

  • Foreign nationals of Colombia, Guyana and Peru can now enter the United Kingdom as visitors for tourism and business purposes without needing a visa before departure.
  • Children of British National (Overseas) status holders can now apply independently for the British National (Overseas) route if they:
    • Have at least one British National (Overseas) parent.
    • Are at least 18 or older.
    • Were born on or after July 1, 1997.
    • Live in Hong Kong, the United Kingdom or certain British territories.

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.

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

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’s temporary COVID-19 right to work check measures are set to expire this week.

Key Points:

  • Beginning Oct. 1, employers will no longer be able to conduct right to work checks under the temporary COVID-19 policy. Instead, employers must conduct right to work checks using one of the following methods:
  • Employers do not need to conduct checks for existing employees from Switzerland, EU or European Economic Area (EEA) countries who came to the U.K. before July 1, 2021.
  • Employers do not need to conduct another check for those who were checked with the temporary COVID-19 measures between March 30, 2020, and Sept. 30, 2022 (inclusive).

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.

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.

IMPACT – MEDIUM

The Home Office has announced that it will issue electronic Apostilles for documents issued in the U.K.

Key Points:

  • Under a change that took effect Sept. 2, U.K. authorities are now accepting documents digitally and will issue electronic “e-Apostille” certificates.
  • To receive an e-Apostille certificate, applicants must upload signed documents using Advanced Electronic Signature or a Qualified Electronic Signature through this website.
  • Individuals still have the option to apply for a paper Apostille through post or courier services.

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.

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.