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IMPACT – HIGH
The Home Office implemented a new simplified travel system and modified the entry requirements for individuals traveling to England and removed countries from the red-list.
Red-list travel requirements:
Rest of world travel requirements:
Additional Information: Children under the age of five who are traveling from a red-list country are exempt from testing requirements but must carry out the mandatory quarantine. Travel requirements for Northern Ireland, Scotland and Wales may be different than the requirements for England. More information regarding travel from a country not on the red list and who qualifies as fully vaccinated can be found here.
BAL Analysis: The Home Office intends to simplify the travel requirements for those traveling to the U.K. Travelers should check the territory specific requirements 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.
The Home Office has updated its employer guidance for right-to-work checks for European Union Settlement Scheme (EUSS) applicants.
Key Points:
Additional Information: EEA citizens and family members must have valid immigration status in the U.K. From July 1, aside from Irish citizens, such individuals can no longer use their EEA passport or identity card to prove their right to work. Due to COVID-19, the Home Office has recently extended the temporary right to work check measures, allowing employers to continue checking right to work documents online.
BAL Analysis: Employers should review the recently published guidance and note the new acceptable documentation for right to work checks to ensure they are adhering to correct practices and procedures. BAL will continue to follow these changes and will provide more information as it becomes available.
The Home Office has published a Statement of Changes in the U.K. Immigration Rules outlining changes to its immigration system.
Additional Information: The Home Office will provide additional updates and guidance on the new rules in the coming months.
BAL Analysis: Non-EU citizens with a Biometric Residence Permit (as well as EU citizens) applying for a Skilled Worker Visa or Student Visa from within the U.K. on or after Nov. 30, 2021, will be able to use the U.K. Immigration ID Check app. If they do, they will not need to attend an appointment and will receive a digital immigration status. BAL will continue to follow changes to the U.K. Immigration Rules and will provide more information as it becomes available.
The Home Office has extended the temporary right to work check measures until April. 5, 2022.
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.
The Home Office has indicated it is developing a post-pandemic solution such that all employees will be able to demonstrate a right to work online. This would mean, for example, that British and Irish citizens would not need to provide their original documents and may mean the end of all physical document checks.
BAL Analysis: The extension of the temporary measures will benefit those who have been conducting modified right to work checks since March of 2020. However, employers are reminded to take note of the April 5, 2022, date for when temporary measures are set to end. 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.
The U.K. government recently announced that it would update the red, amber and green lists on Aug. 30.
Additional Information: A number of countries are at risk of being moved to the amber list. Unvaccinated travelers from amber list countries must quarantine for 10 days; vaccinated travelers must take a COVID-19 test on or before day two of arrival.
BAL Analysis: The response to the COVID-19 pandemic continues to develop, and BAL will provide additional updates as information becomes available.
In the recently published UK Innovation Strategy, the Home Office announced that two new immigration routes are forthcoming and that it will revitalize the Innovator route.
High-Potential Individual route:
Scale-up route:
Revitalized Innovator route:
Background: The U.K. says it is promoting innovation to enhance productivity across its economy and bring jobs, growth and prosperity to the entire country. The U.K. Innovation Strategy outlines how the government will accomplish these goals by bolstering businesses, people, institutions and technologies. More information on the U.K. Innovation Strategy can be found here.
BAL Analysis: The new immigration routes are designed to improve the U.K. immigration system and compete in the global labor market. BAL will continue to monitor the implementation of these routes and will provide additional information as it becomes available.
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 exempted certain senior executives traveling to the U.K. from quarantine requirements.
Additional Information: Foreign national senior executives will not qualify for the exemption if their activities can be completed remotely or by someone not required to quarantine, including those traveling from green-listed countries. All other entry requirements remain in place for senior executives traveling to the U.K.
“Significant economic benefit” is defined as having greater that a 50% chance of creating or preserving at least 500 U.K.-based jobs in an existing or new U.K.-based business.
BAL Analysis: The new exemption policy enables senior executives to carry out business activities without having to stay in quarantine. BAL is able to assist individuals who may qualify for the quarantine exemption.
This alert has been provided by Berry Appleman & Leiden LLP. For additional information, please contact berryapplemanleiden@bal.com.
The Home Office officially opened the new Graduate immigration route on July 1, 2021.
Additional Information: If an applicant’s visa expired after a Graduate route application is submitted, the applicant can remain in the U.K. until a decision is made. The new route was initially announced in March of this year as part of the U.K. government’s switch to a points-based immigration system.
BAL Analysis: The Graduate route provides international students additional time to work in the U.K. following graduation and serves as a pathway to apply through the Skilled Worker route.
This alert has been provided by Berry Appleman & Leiden. For additional information, please contact berryapplemanleiden@bal.com.
The United Kingdom has implemented a new process for employers completing right-to-work checks on EU, EEA, and Swiss nationals.
Background: U.K. employers are required to conduct a right-to-work for all new employees.
Generally, an online check is required for applicants who have digital proof of their immigration status, including most EU/EEA/Swiss nationals. Manual checks of passports or other valid documents can be completed for U.K. and Irish nationals. Manual checks are also required for foreign nationals who cannot prove their immigration status online, including most non-EU/EEA/Swiss visa holders.
Temporary COVID-19 measures in place until Aug. 31 allow employers to conduct right-to-work checks over video calls with scanned or photographed documents sent via email or mobile app. Additional information on the temporary measures is available here.
BAL Analysis: Employers are encouraged to review their internal right-to-work check procedures to ensure they are in compliance with the new rules for EU/EEA/Swiss nationals. Employers are also reminded that temporary COVID-19 measures on right-to-work checks are set to expire after Aug. 31. BAL is able to assist employers in ensuring they remain in compliance with current procedures.
The Home Office has extended the temporary guidelines for right-to-work checks until Aug. 31.
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.
For right-to-work checks from July 1, EEA citizens can no longer rely on an EEA passport or national identity card (aside from Irish citizens). EEA citizens will evidence their right to work by sharing their immigration status digitally through the Home Office online right-to-work service or by providing accepted physical documents. More information on EEA citizens’ right-to-work checks can be found here and here.
BAL Analysis: The extension of the temporary measures will benefit those who have been conducting modified right-to-work checks since March of 2020. However, employers are reminded to take note of the Aug. 31 date for when temporary measures are set to end.
This alert has been provided by Berry Appleman & Leiden. For additional information, please contact berryapplemanleiden@balglobal.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@balglobal.com.