IMPACT – MEDIUM

The Home Office has updated its travel guidance for Ukrainian nationals who are fleeing Ukraine.

Key Points:

  • Travelers who are leaving from Ukraine are no longer required to complete a passenger locator form, take a pre-departure COVID-19 test or book a PCR test upon arrival.
  • Ukrainian nationals who have family in the U.K. can now apply for the Ukraine Family Scheme to live, work and study in the U.K. through this website. To apply for the scheme applicants must:
    • Be applying to join a UK-based family member who is a British national, a permanent resident, someone with refugee or humanitarian protection in the U.K. or someone from the EU, Iceland, Liechtenstein, Norway, or Switzerland who has pre-settled status and was living in the U.K. before Jan. 1, 2021.
    • Provide proof that the UK-based family member is an immediate family member, extended family member, or an immediate family member of an extended family member.
    • Have been living in Ukraine on or before Jan. 1, 2022.
  • Ukrainian nationals who do not have family in the U.K. will be able to apply under the Homes for Ukraine scheme. Those who enter the U.K. through this scheme will be able to stay in the U.K. for up to 12 months and will be able to work and access public services.
    • More information regarding the Homes for Ukraine scheme is available here. Additional details for those sponsoring Ukrainian nationals under this scheme will be published in the coming weeks.

Additional Information: Individuals can still apply for the Ukraine Family Scheme if an applicant is unable to provide proof of family relationship. More information regarding the U.K.’s travel guidance for Ukrainian nationals, the Ukraine Family Scheme and Homes for Ukraine is available here.

BAL Analysis: The Home Office continues to modify its immigration concessions for those who are fleeing Ukraine. Employers and employees are reminded that actions taken as a result of the invasion of Ukraine may change with little or no notice. BAL will continue to monitor developments regarding the invasion 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 has closed its Tier 1 Investor visa route to all new applications.

Key Points:

  • As of Feb. 17, foreign nationals can no longer apply for an initial Tier 1 Investor visa. The route had allowed individuals to stay and live in the U.K. if they invested funds in companies registered in the U.K.
  • Foreign nationals who currently hold Tier 1 Investor visas can apply to extend their Tier 1 Investor visa before Feb. 17, 2026, and apply for settlement before Feb. 17, 2028. In addition, if an individual had a Tier 1 Investor visa which expired or lapsed in the last 12 months, and they have maintained compliant investments, they may be able to apply for a Tier 1 Investor visa before Feb. 17, 2026.
  • U.K. immigration authorities will be making reforms to the Innovator route in the coming months to provide a new investment route for those wishing to live and work in the U.K.

Additional Information: More information regarding the closure of the Tier 1 Investor visa route is available here.

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 – HIGH

The Home Office has extended temporary COVID-19 right to work check measures until Sept. 30, 2022.

Key Points:

  • The temporary measures will remain in effect until Sept, 30, 2022. This means:
    • Checks can be conducted over video calls.
    • Job applicants and existing workers can send scanned documents or photos of documents for checks through email or mobile app. Original documents are not required.
    • Employers should use the Employer Checking Service if a prospective or existing employee cannot provide any of the accepted documents.
  • After Sept. 30, 2022, employers must check the applicant’s original documents or check the applicant’s right to work online.
  • Employers do not need to carry out retrospective checks on those who had a COVID-19 adjusted check between March 30, 2020, and Sept. 30, 2022 (inclusive).
  • It is still an offense to work illegally in the U.K.; any individual who is working illegally because of their immigration status may be subject to enforcement action.

Additional Information: From April 6, if a person holds a biometric residence permit, the employer must perform an online check, not an original document check or a COVID-19 adjusted check.

BAL Analysis: The extension of the temporary measures will benefit those who have been conducting modified right to work checks since March of 2020. In particular, employers who are hesitant to use the new digital Identification Document Validation Technology (IDVT) checking process for British and Irish citizens due to launch on April 6, now have a longer period in which they do not have to perform an original document check. However, employers should take note that the temporary measures are set to end Sept. 30.

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 has announced that it will ease its COVID-19 testing requirements for fully vaccinated travelers entering the U.K.

Key Points:

  • Beginning Feb. 11, authorities will remove all testing requirements for eligible fully vaccinated travelers. Fully vaccinated travelers entering the U.K. will only have to complete the Passenger Locator Form (PLF) to enter the country.
  • Individuals who are not fully vaccinated must complete the PLF, take a pre-departure COVID test within 48 hours of departure, and take a PCR test on or before the second day after arrival.
  • Travelers are no longer required to quarantine upon arrival unless an individual receives a positive PCR test after arrival.

Additional Information: Travelers under the age of 18 will be considered fully vaccinated regardless of their vaccination status. Different entry and testing requirements apply to travelers from a red-list country. As of Jan. 26, there are no countries on the red-list. More information regarding the current and Feb. 11 entry and testing requirements is available here.

BAL Analysis: Travelers should check the relevant territory-specific requirements for England, Wales, Scotland and Northern Ireland before planning travel to the U.K. The response to the COVID-19 pandemic continues to develop, and BAL will provide additional updates as information 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

The Home Office has updated its guidance on right to work checks for eVisa and biometric card holders.

Key Points:

  • As of Dec. 30, sponsors must use the Home Office view and prove service if an individual holds an eVisa only.
    • If an individual has been issued both an eVisa and a Biometric Residence Permit (BRP), the sponsor can choose which document to check.
    • More information on proof of status is available here.
  • Beginning April 6, holders of the BRP, Biometric Residence Card (BRC) and Frontier Worker Permit (FWP) must demonstrate their right to work using the Home Office online service.
    • Employers will no longer be able to accept physical cards and the documents will be removed from the acceptable documents list used for in-person right to work checks.
    • Authorities will not require retrospective checks for biometric card holders who used their physical cards for checks before April 6, 2022.

Additional Information: The Home Office’s extension of temporary right to work checks are currently set to expire on April 5. If job applicants or existing workers cannot show their documents, employers must contact the Home Office Employer Checking Service. If individuals have a right to work, officials will send a “Positive Verification Notice” that provides a statutory excuse for six months from the date of the notice.

BAL Analysis: Employers and employees should take note of the guidance for eVisa and biometric card holders to ensure they adhere right to work check requirements. BAL will continue to monitor right to work check measures 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

The Home Office has added Iceland and India to the Youth Mobility Scheme. Authorities have allocated 1,000 spots for Iceland and 3,000 spots for India.

Key Points:

  • As of Jan. 1, foreign nationals between the ages of 18 and 30 from Iceland as well as Australia, Canada, Monaco, New Zealand and San Marino can apply for the Youth Mobility Scheme visa.
  • As of Jan. 1, the government added India to the Youth Mobility Scheme but has yet to open the ballot for Indian nationals.
    • Authorities will require Indian nationals to meet sponsorship requirements once the ballot becomes active.
    • Foreign nationals from Hong Kong, India, Japan, South Korea and Taiwan must be selected in the Youth Mobility Scheme ballot before applying for a visa.

Additional Information: The Youth Mobility scheme is an exchange program that allows eligible foreign nationals between the ages of 18 and 30 to live and work in the U.K. for up to two years.

BAL Analysis: Under the changes, Icelandic and Indian nationals will able to apply for the Youth Mobility Scheme visa; however, the availability of these visas is limited due to the numerical allocation for each 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 has announced that it will ease its testing requirements for fully vaccinated travelers entering England.

Key Points:

  • Beginning Jan. 7, authorities will no longer require eligible fully vaccinated travelers and individuals under the age of 18 to take a pre-departure test or quarantine upon arrival.
    • Authorities will still require such travelers to take post-arrival tests.
  • Beginning Jan. 9, authorities will allow eligible fully vaccinated travelers and children over the age of 5 to take a rapid flow test instead of a PCR test upon arrival.
    • Travelers can begin booking their lateral flow tests on Jan. 7.
    • Those who receive a positive lateral flow test must quarantine and order a PCR test from this website.

Additional Information: Individuals can travel to England without qualifying as fully vaccinated but must follow modified entry rules. Under the Test to Release scheme, unvaccinated travelers can choose to pay for a private COVID-19 test on day five after arrival. If the result is negative and the result of the day two test result is negative, they can end their quarantine. Travel lists, entry restrictions and health protocols in Northern Ireland, Scotland and Wales may differ from those in England.

BAL Analysis: Travelers should check the territory-specific requirements before planning travel to the U.K. Employers and employees should continue to consult their BAL professional before planning international travel. The response to the COVID-19 pandemic continues to develop, and BAL will provide additional updates as information 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 has expanded its COVID-19 testing requirements for individuals traveling to England and updated its red list.

Key Points:

  • As of Dec. 7, all travelers who are 12 years or older, regardless of vaccination status, must have proof of a negative PCR or lateral flow device (LFD) test taken within 48 hours of departure to England.
    • Individuals are exempt from the testing requirement if they are traveling from Ethiopia, Ireland, Northern Ireland, Scotland and Wales, among other locations.
  • Individuals who have been in Angola, Botswana, Eswatini, Lesotho, Malawi, Mozambique, Namibia, Nigeria, South Africa, Zambia and Zimbabwe within 10 days of their arrival are barred from entering the country unless they:
    • Are a British or Irish national.
    • Have residence rights in the U.K.
  • More information on entry requirements for those eligible to travel to England from a red-list country can be found here.

Additional Information: Individuals can travel to England without qualifying as fully vaccinated but must follow modified entry rules. Travel lists, entry restrictions and health protocols in Northern Ireland, Scotland and Wales may differ from those in England.

BAL Analysis: Travelers should check the territory specific requirements before planning travel to the U.K. Employers and employees should continue to consult their BAL professional before planning international travel. The response to the COVID-19 pandemic continues to develop, and BAL will provide additional updates as information becomes available.

This alert has been provided by the BAL Global Practice Group. 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.

The Home Office recently announced that beginning Nov. 22 it would accept all COVID-19 vaccinations approved by the World Health Organization’s Emergency Use Listing (WHO EUL).

Key Points:

  • Beginning Nov. 22, travelers eligible to enter England will be considered fully vaccinated if they received a WHO-listed vaccination at least 14 days before arrival.
  • To qualify for the fully vaccinated rules for entering England, individuals must have proof of full vaccination with a full course of an approved vaccine issued by:
    • The U.K. or U.K. overseas vaccination program.
    • The United Nations vaccine program.
    • One of countries listed here.

Additional Information: Individuals can travel to England without qualifying as fully vaccinated but must follow modified entry rules. Travel lists, entry restrictions and health protocols in Northern Ireland, Scotland and Wales may differ from those in England.

BAL Analysis: Travelers should check the specific requirements for their destination before planning travel to the U.K. The response to the COVID-19 pandemic continues to develop, and BAL will provide additional updates as information becomes available.

This alert has been provided by the BAL Global Practice group. 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.

IMPACT – MEDIUM

The Home Office has published its 2021 Budget and Spending Review, providing more information on its previously announced 2022 immigration plans.

Scale-up route:

  • This visa would give foreign nationals the ability to work and live in the U.K. without having to obtain a sponsorship.
  • Scale-up visa applications will be open in spring 2022 to applicants who:
    • Pass the relevant language proficiency requirement.
    • Have a high-skilled job offer from an eligible business with a salary of at least 33,000 British pounds.
  • Businesses are considered scale-ups if they can prove an annual average revenue or employment growth rate over a three-year period greater than 20% and have a minimum of ten employees at the start of the three-year period.

Global Talent Network:

  • The Global Talent Network intends to bring highly skilled workers to the U.K. in key science and technology sectors by working with businesses, overseas campuses, innovation hubs and research institutions across the globe.
  • Through the network, a concierge service will be available to foreign nationals needing support when moving to the U.K.
  • The network will launch in 2022 in the San Francisco Bay Area and Boston in the U.S. and in Bangalore, India.

Global Entrepreneur Program:

  • The government will maintain its expanded Department for International Trade Global Entrepreneur Program.
  • The program will continue to grow throughout 2022 and will bring 100 innovative, highly skilled entrepreneurs to the U.K. each year.

BAL Analysis: The immigration routes and plans are intended to improve the U.K. immigration system and help the U.K. compete in the global labor market. BAL will continue to monitor these 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 © 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.