ETAs to be introduced for travel to the UK – do I need to apply?

If you have travelled to countries such as Canada, the USA, Australia, and New Zealand, you may be familiar with the concept of an ETA. Short for electronic travel authorisation, ETAs are used to prevent unwanted visitors from entering the respective country. While they are already used in the previously listed countries, both the EU and UK will soon join the list by using ETAs to protect their borders.

Introduced in the UK’s Nationality and Borders Act 2022, ETAs will need to be applied for by those who do not require a visa to enter the UK, known as non-visa nationals.

ETAs will come into effect for those travelling to the UK from 15^th November 2023, when nationals from Qatar will be required to possess an ETA to travel. However, applications will open from 25^th October to give enough time for applications to be processed.

For nationals of Bahrain, Jordan, Kuwait, Oman, Saudi Arabia or the United Arab Emirates, you will need to have an ETA if you are travelling to the UK on or after 22^nd February 2024.

Nationals of other countries do not need to think about applying for an ETA now, however more countries will be added later. As a result, most travellers to the UK do not need to worry about getting an ETA.

However, the Home Office has previously stated that ETAs will be in place for all relevant nationalities by the end of 2024.

Keep reading to learn more about whether you need to apply for an ETA and how to do so.

Do I need to apply for an ETA?

You need an ETA if you:

come to the UK for up to 6 months for tourism, visiting family and friends, business or study
come to the UK for up to 3 months on the Creative Worker visa concession
transit through the UK – including if you’re not going through UK border control

However, you will not need an ETA if you have:

a British or Irish passport
permission to live, work or study in the UK
a visa to enter the UK

Furthermore, those who live in Ireland do not need an ETA if they:

are legally resident in Ireland
do not need a visa to enter the UK
are entering the UK from Ireland, Guernsey, Jersey or the Isle of Man

How do I apply for an ETA?

Applying for an ETA will be a rather simple process according to the Home Office. Applicants will be able to apply either through an ETA app or online on GOV.UK. You should then receive a decision within 3 working days, unless further checks are required.

To apply, you will need the following items:

A valid biometric passport from one of the eligible countries
The details of your travel
A credit card or debit card
A valid email address to receive confirmation

While each traveller must get an ETA, including children and babies, it will be possible to apply on behalf of others.

The cost will be £10 per applicant and will be electronically linked to your passport, meaning you must use the same passport to travel.

You will also receive email confirmation to say if your application has been successful.

How long does my ETA last?

As your ETA lasts for 2 years, you won’t need to apply for a new one every time you travel to the UK. However, if your passport expires in less than 2 years then you will need to get a new ETA.

You will still need to use an E-passport gate or see a Border Officer when entering the UK. However, it should be noted that an ETA does not guarantee you entry to the UK.

What happens if I am refused an ETA?

If this happens then you will be required to apply for a visa instead. These include a standard visitor visa, a transit visa if you are simply transiting through the UK, or a Temporary Work – Creative Worker visa to come to the UK as a creative worker.

Reasons for being refused an ETA may include past criminal convictions or overstaying a visa.

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UK Ancestry Visa Guidance and FAQs

What is a UK Ancestry Visa?

Ancestry visa is a visa issued by the United Kingdom to Commonwealth citizens with a grandparent born in the United Kingdom, Channel Islands, Isle of Man or Ireland. Should you qualify, you will be granted a 5-year visa.

You can also apply for a UK Ancestry visa if you’re one of the following:

a British overseas citizen
a British Overseas Territories citizen
a British national (overseas)
a Commonwealth citizen
Citizen of Zimbabwe

Which are the eligible Commonwealth countries?

The following countries are part of the Commonwealth Countries and citizens of these countries may be eligible to apply for the Ancestry Visa:

Antigua and Barbuda	Dominica	Malawi	Papua New Guinea	Swaziland
Australia	Fiji Islands	Malaysia	Samoa	Tonga
The Bahamas	The Gambia	Maldives	Seychelles	Trinidad and Tobago
Bangladesh	Ghana	Malta	Sierra Leone	Tuvalu
Barbados	Grenada	Mauritius	Singapore	Uganda
Belize	Guyana	Mozambique	Solomon Islands	United Kingdom
Botswana	India	Namibia	South Africa	United Republic of Tanzania
Brunei Darussalam	Jamaica	Nauru	Sri Lanka	Vanuatu
Cameroon	Kenya	New Zealand	St Kitts and Nevis	Zambia
Canada	Kiribati	Nigeria	St Lucia	Zimbabwe
Cyprus	Lesotho	Pakistan	St Vincent and the Grenadines

Where to find the rules ?

The relevant Immigration Rules are contained in Appendix UK Ancestry of the Immigration Rules.

This guide will briefly explain the general requirements that must be met to apply for Ancestry visa. All validity requirements for the UK Ancestry route must be strictly met otherwise the application will be rejected as invalid and not considered.

What are the requirements?

In order to qualify for a UK Ancestry visa, you must show that you have a grandparent born in one of the following circumstances:

Born in the UK, the Channel Islands or the Isle of Man
Born before 31 March 1922 in what is now Ireland
on a ship or aircraft that was either registered in the UK or belonged to the UK government

You can claim ancestry if:

you or your parent were adopted
your parents or grandparents were not married

You cannot claim UK ancestry through step-parents.

You must also show that you satisfy the following requirements:

are aged 17 or over
a British overseas citizen
a British Overseas Territories citizen
a British national (overseas)
a Commonwealth citizen
a citizen of Zimbabwe
have enough money without help from public funds to support and house yourself and any dependants
can and plan to work in the UK
If you are from one of the countries where a tuberculosis test is required, then you will need to provide your TB results

Partner and children

Your partner and children can apply to join you in the UK as your ‘dependants’ if they’re eligible.

A ‘dependant’ is any of the following:

your partner
your child under 18
your child aged 18 or over who was previously on your or your partner’s visa as a dependant

You’ll need to provide evidence of your relationship when you apply.

You must be able to prove one of the following for your partner:

you’re in a civil partnership or marriage that’s recognised in the UK
you’ve been living together in a relationship for at least 2 years when you apply

Your child must:

live with you (unless they’re in full time education at boarding school, college or university)
not be married, in a civil partnership or have any children
be supported by you without using public funds

The applicant must meet the following requirements for a dependent child in Appendix Children:

(a) relationship requirement: entry clearance and permission to stay; and

(b) care requirement; and

An application which does not meet all the validity requirements for a partner or child on the UK Ancestry route may be rejected as invalid and not considered.

Process and timeframe

Once you application has been submitted, you will need to book a biometric appointment so that you can attend a visa centre to submit your biometrics. You will not be able to submit any further documents after your biometrics have been submitted and your application will be under consideration.

Presently, the Home Office can take up to 3 weeks from your biometric submission date to decide an application made for the first time unless there is a delay.

Fast Track Option

Depending on the services available at your local visa application centre, you may be able to pay an additional fee of £500 for the priority service (for a decision within 5 working days) or £1,000 (after 4 October 2023) for the super-priority services (for a decision by the end of the next working day).

Fees

You will need to make payment of both the Home Office fee and Immigration Health Surcharge when your application to the Home Office is ready to submit. Presently, the fees are as follows:

Application	Home Office fee	Immigration Health Surcharge
Applying for entry clearance	£637 (after 4 October)	£624 per year
Applying within the UK	£1,048	£624 per year

Please note that when applying for entry clearance, the actual fee paid may be higher due to payment being processed in the local currency.

Ancestry Visa – Granted

Should your application for Ancestry visa be granted you will be granted a visa for 5 years.

You will be eligible to enter and live in the UK within this time. You will be able work without any restrictions and study in the UK.

You cannot:

change (‘switch’) into this visa if you came to the UK on a different visa
get public funds

When can you apply for settlement?

If you met all the Ancestry visa requirements, then you can apply for settlement after holding the visa for 5 years. If you did not meet the requirements, then you can apply after 10 years.

You will also need to have spent not more than 180 days outside the UK in any of the previous 5 years and demonstrate satisfactory knowledge of the English language and Life in the UK.

For a dependent child on the UK Ancestry route who wants to apply for settlement, the applicant must meet the following requirements for a dependent child in Appendix Children:

(a) care requirement; and

(b) age and independent life requirement

Below we have highlighted some of the common questions we receive in relation to the Ancestry Visa process:

1) Do I qualify for a UK Ancestry Visa?

Under the Ancestry Visa requirements, you have to be 17 years of age or over and a citizen of a commonwealth country.

2) How many times can I apply for an ancestry visa?

The Ancestral visa is granted for five years. After that time, you can apply to extend your visa or you can apply for UK indefinite leave to remain if you can show five years’ continuous UK residence.

3) Can I switch from my current visa to the UK Ancestry Visa?

You are able to switch unless you are presently on the following:

on a Visitor visa
on a Short-term study visa
on a Parent of a Child Student visa
on a Seasonal Worker visa
on a Domestic Workers in a Private Household visa
on Immigration Bail
because you were given permission to stay outside the immigration rules, for example on compassionate grounds

Should your circumstances fit into the above, then you will need to leave the UK and make an application from abroad.

4) Can I claim state benefits?

No, you are not permitted to claim public funds.

5) Are there any restrictions on Employment?

You can take any kind of employment or self-employment. The work can be full-time or part-time, paid or unpaid.

6) Can I study?

There is no limit on the number of hours you can study or level of course they can do. Study may be undertaken anywhere you choose and does not have to be with a licensed Student sponsor.

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New EPC targets scrapped following Sunak’s Net Zero reversals

In an announcement to the British public this week, Prime Minister Rishi Sunak revealed that he has decided to scrap EPC targets requiring landlords to bring private rental properties up to a minimum level of C by 2025. We discussed these targets in depth in a previous article from February here.

While EPC ratings may seem slightly nebulous at times, their importance cannot be understated. Whether you are a renter, a home owner, business owner or a landlord, EPC ratings have a profound impact on our lives, affecting everything from the warmth of our homes, to how cheap our bills are.

The new announcement formed part of a watering down of UK environmental policies more generally. Other reversals included a delay on the ban of the sale of petrol and diesel cars to 2035, as well as a delay on the transition from gas boilers to heat pumps.

The government’s decision has been met with a mixed response within the property sector. On the one hand, Landlords will rejoice as they no longer have to retrofit their homes to meet the minimum C rating. However, other senior figures within the property industry have decried the decision.

The National Housing Association said that the decision was “hugely disappointing” and that scrapping the targets could “lead to people facing higher bills for years to come”. A body representing the other side of the housing industry, the National Residential Landlords Association (NRLA), praised the decision to scrap plans to fine landlords for not meeting the minimum energy efficiency standards (MEES). Despite this, they also criticised the uncertainty over Government policy, describing it as “hugely damaging to the supply of rented properties”.

What does the EPC targets reversal mean for tenants and landlords alike?

Overall, the measures previously in place to improve the minimum energy efficiency requirements for residential tenancies would have only been a good thing for tenants.

The energy crisis last winter demonstrated how poor the energy efficiency of some homes were, especially in the face of astronomical energy bills which were subsided by the government through the energy price guarantee. No one quite knows what the situation will be regarding energy bills this winter, however some experts estimate that they will be more expensive for millions of homes given the withdrawal in support.

The latest government data on energy efficiency within the private rented sector shows that of the 4.6m private renters, 56% of them live in homes with a EPC rating of D or below. The proposed changes would have therefore made a huge difference to the living standards of private renters in the UK.

It is also worth pointing out that many landlords have already invested money into ensuring that their properties met the C level for the EPC rating, given that the expected changes were just two years away. Consequently, many will feel aggrieved by the sudden U-turn, contrary to what one might expect. Some will also have sold their properties due to the costs involved in upgrading to the minimum standard.

Furthermore, the lack of a rise in the minimum energy efficiency standards will also have a detrimental impact on the government progress towards its net zero targets. The UK government has set a target of reaching net zero greenhouse gas emissions by the year 2050. The latest announcement by the Prime Minister, which water down several of the government’s climate commitments, put this target in jeopardy.

What is an EPC rating?

An EPC rating provides a useful indication of how energy efficient a property is. This is helpful information for anyone looking to lease or purchase a property, whether it is residential or commercial.

Properties are rated on a scale from A to G. As previously mentioned, since April 2020 residential properties must be rated at least an ‘E’, with commercial properties now also required to be rated as such.

Owners of commercial properties that do not have an EPC rating of A to E will need to carry out sufficient works in order to bring the properties up to scratch, register a valid exemption, or face the consequences of a penalty. While MEES does not prohibit the sale of a property which falls into the ‘F’ or ‘G’ energy performance category, they are unlikely to be as easy to sell given that it will no longer be possible to lease properties in these categories.

Our comments

The reversal by the government adds further uncertainty to the property market at a time when it is already precarious, particularly in major cities where demand for rental properties is sky high.

As part of the 2015 Paris Climate Agreement, the UK has legally committed to at least a 68% reduction in its greenhouse gas emissions by 2030 compared with 1990 levels. The latest announcements certainly make this target far less achievable. Despite this, Sunak has said that the UK is still committed to the legally binding net zero targets.

The UK government is likely to face several legal challenges in terms of the UK being able to meet its climate legal commitments due to the latest changes. Whether these legal challenges will be successful remains to be seen.

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Call us on 020 7928 0276, our phone lines are open and we will be taking calls from 9:30am to 6:00pm.

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The Legal Implications of Issuing Warnings Without Action in Employee Management

In the world of employment law, addressing employee misconduct demands a thoughtful and structured approach. One common error that employers often make is the passive issuance of warnings without taking concrete action. In this article, we will explore why this approach can have legal repercussions and the importance of following due process.

The Significance of Due Process

In employment law, the process of addressing employee misconduct is as vital as the misconduct itself. Threatening termination without due process can raise legal concerns, except in truly exceptional cases of severe misconduct. Fair and just treatment of employees is a cornerstone of employment law.

The Pitfalls of Passive Warning Practices

A concerning trend in employee management is the repeated issuance of warnings without any progression in response. While warnings are necessary, relying solely on them can be a critical mistake. This passive approach inadvertently implies acceptance of the employee’s actions and can complicate future termination efforts.

Consider an employee who consistently violates company rules. Employers may claim to have issued numerous warnings, but a critical issue often arises – the absence of clear communication about the consequences of further violations. Employers frequently fail to inform the employee explicitly about what will occur if the misconduct continues.

Additionally, employers often do not follow through with the consequences outlined in the warnings if the employee repeats the misconduct. Instead, they continue to issue warnings without specifying the repercussions.

The Consequences of Passive Management

Passive management practices not only fail to change behaviour but also encourage employees to persist in misconduct. Over time, the absence of meaningful consequences can lead employees to believe their actions are condoned. This can create challenges when employers decide to take action.

The Correct Approach: Escalation and Clarity

In cases of persistent misconduct, the appropriate course of action for employers is to escalate their response. This includes verbal warnings, followed by written warnings explicitly detailing the consequences of further violations. If the misconduct persists, disciplinary meetings should be initiated, and the consequences outlined in the warnings should be enforced.

Enforcing Company Policies: The Key to Compliance

In conclusion, even well-drafted company policies are ineffective if not enforced. Employers must recognise that clear communication, due process, and appropriate consequences are essential for managing employee misconduct effectively while avoiding potential legal pitfalls.

Navigating employment law complexities is best done with legal guidance to ensure compliance and best practices. Proactive and fair management not only mitigates legal risks but also promotes a productive and harmonious workplace.

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Call us on 020 7928 0276, our phone lines are open and we will be taking calls from 9:30am to 6:00pm.

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Single-use plastic items banned in England from 1 October 2023

From 1 October 2023 businesses must no longer supply, sell or offer certain single-use plastic items in England. The UK government has announced a ban on a wide range of plastic items, which will include:

Online and over-the-counter sales and supply
Items from new and existing stock
All types of single-use plastic, including biodegradable, compostable and recycled
Items wholly or partly made from plastic, including coating or lining

‘Single use’ means the item is meant to be used only once for its original purpose, and businesses could be fined if they continue to supply banned single-use plastics after 1 October.

What single-use plastic items are banned?

Plates
Bowls
Trays
Containers
Cutlery
Balloon sticks

There are some exemptions to the ban, depending on the item.

Plates, bowls and trays

You can still supply single-use plastic plates, bowls and trays if either of the following apply:

You are supplying them to another business
The items are packaging (pre-filled or filled at the point of sale)

Polystyrene food and drink containers

You can still supply food or drink in polystyrene containers if it needs further preparation before it is consumed, for example:

Adding water
Microwaving
Toasting

Polystyrene means expanded and extruded polystyrene, and this includes polystyrene cups. In addition, there are no exemptions to the ban of Cutlery and Balloon Sticks.

Local authorities will carry out inspections to make sure the rules are being followed, and if you break the law, inspectors can order your business to cover the cost of the investigation.

Conclusion

Here at Lisa’s Law we suggest that businesses prepare in advance for the ban, for example, you can prepare your business for the new rules by using up existing stock before 1 October, exploring re-usable alternatives to single-use items, or considering different materials for single-use items.

If you have more questions regarding the law and running businesses in the UK, please feel free to inquire with us.

Or, you can call us on 020 7928 0276. Our phone lines are open and we will be taking calls from 9:30am to 6:00pm.

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Home Office states 2017 Brook House IRC abuse unacceptable

The Home Office has announced that the abuse at Brook House IRC in 2017 was unacceptable.

In 2019, an inquiry was started into Brook House Detention Centre (Brook House Immigration Removal Centre) in relation to the treatment of detainees in 2017.

The Brook House Inquiry identified 19 instances of mistreatment contrary to Article 3 of the European Convention on Human Rights, and the chair Kate Eves, has made 33 recommendations for a more humane, compassionate and professional environment if implemented by the government, as outlined in the BHI Report.

The Home Office has today confirmed that the abuse was unacceptable. They have stated they made a number of improvements via reforms, including:

Improved and rigorous training for all IRC staff on the use of force, with regular monitoring and reviews on staff and providers’ training
Introducing the Home Office Detention Gatekeeper to independently assess the suitability of those referred for detention
Case Progression Panels to consider whether continuing detention is appropriate, including independent panel members
More Home Office staff in IRCs, and a higher ratio of provider staff to detained individuals
Putting an immediate stop to three people occupying rooms designed for two
Reinforcing the use of whistleblowing mechanisms
Rigorous oversight of our contractors ensuring any complaints, incidents or use of force are properly investigated by senior managers
Improved training and support for staff working with vulnerable people

The full Home Office statement following the publication of the Brook House Inquiry report can be found here.

This article will also be followed by a series of further articles on the Brook House Inquiry report. Stay tuned for further updates.

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UK visa fees to increase from 4th October 2023

UK’s immigration and nationality fees (UK visa fees) are set to increase from 4th October 2023. The Home Office confirmed today (15th September) that they will be increasing fees for the majority of immigration applications starting on 4th October 2023.

The fee rises were originally announced in July this year, and today, legislation is being laid in Parliament. “Income from fees charged plays a vital role in the Home Office’s ability to run a sustainable immigration and nationality system.” – the UK government has stated.

The average increase is 15%, and we have highlighted some of the increases below:

Visitor Visa fee (short up to 6 months): Increasing from £100 to £115

Visitor Visa fee (long up to 2 years): Increasing from £376 to £400

Student Visa fee (outside the UK): Increasing from £363 to £490

Skilled Worker Visa fee (in-country application, 3 years or less): Increasing from £719 to £827

Skilled Worker Visa fee (in-country application, over 3 years): Increasing from £1,423 to £1,500

Indefinite Leave to Remain (ILR) fee: Increasing from £2,404 to £2,885

Naturalisation (British Citizenship) fee: Increasing from £1,250 to £1,500

Nationality Registration (British Citizenship) fee: Increasing from £1,126 to £1,351

You can find the full list of the new fees here.

The anticipated increase in the Immigration Health Surcharge fee is scheduled to be introduced in Autumn and will not take effect on 4th October 2023.

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Temporary admission and time spent on visitor visa may still count towards 10-year lawful residence

Migrants who have accumulated ten years of continuous lawful residence (10-year lawful residence) under any combination of visas may qualify for Indefinite Leave to Remain.

This would also include those who spent a period of time on temporary admission or immigration bail and were subsequently granted a visa.

An example of this would be if a migrant came to the UK and claimed asylum or submitted a human rights application. Such applications take a very long time to be considered, in some cases, years. During this time, the person would usually be given temporary admission or immigration bail, allowing them to stay in the UK temporarily.

If the migrant is subsequently granted leave, then the time spent on temporary admission or immigration bail could be counted towards calculating 10 years of lawful residence.

It was also possible to count periods of time spent on a visitor visa in the 10-year lawful residence calculations.

Changes to the Law

On 9th March 2023, the Home Office published the Statement of Changes to the Immigration Rules: HC 1160, to stop such periods from counting towards the 10-year lawful residence calculations.

The statement stated that from 13th April 2023, lawful residence no longer includes time spent in the UK under Appendix V: Visitor or time spent on immigration bail.

However, the changes did not specifically state whether these changes applied to previous versions. For example, Appendix V: Visitor was introduced on 24th April 2015. Therefore, those who have spent time as a visitor before 24th April 2015 may still be able to use this time in their calculation for 10 years lawful residence.

Regarding immigration bail, previously, many were granted temporary admission or temporary release. It is only post-2018 when people were granted immigration bail. Therefore, those who have spent time on this may still be able to apply.

an immigration banner from Lisa's Law saying 'Immigration is life, we make it easier for you' as representing 10 years long residence is a significant part of a migrant's life and a crucial factor in an Indefinite Leave to Remain application — 10 year lawful residence new rules in calculations

Further Changes to the Law

The Home Office has been attempting to quickly close this gap with the introduction of a new statement of changes to the immigration rules on 7th September 2023.

They have made the following changes that will take effect from 5th October 2023:

Time spent on a visitor visa – they have included ‘or any relevant predecessor routes.’

Immigration bail – they have also now specifically included temporary admission or temporary release.

Act Now

The rules will change from 5th October 2023. If you have held temporary admission/release or held a visitor visa before 24th April 2015 and would like this period included in your 10-year long residence application, then contact us today, and we can assess your case.

Photo by Chris Boland.

More questions? Get in touch NOW!

Call us on 020 7928 0276, our phone lines are open and we will be taking calls from 9:30am to 6:00pm.

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UK Skilled Worker Visa – what you need to know

A UK skilled worker visa allows international workers with the appropriate skills to work for an approved UK employer. It replaced the Tier 2 work visa at the end of 2020.

The skilled worker visa permits you to bring your spouse, partner and children with you and is granted for up to 5 years. Once you have held the skilled worker visa for 5 years, you can apply for settlement (Indefinite leave to remain), which means you will no longer have any restrictions living in the UK.

Interested in learning more about the skilled worker visa? Keep reading to see how you could qualify!

What are the requirements of the UK Skilled Worker Visa?

To qualify for a UK Skilled Worker visa, you must:

work or be offered a position by a UK employer that has been approved by the Home Office
have a ‘certificate of sponsorship’ from your employer with information about the role you’ve been offered in the UK
do a job that’s on the list of eligible occupations
be paid a minimum salary – how much depends on the type of work you do

What are the minimum salary requirements for a Skilled Worker Visa?

As of 4th April 2024, and for applications made after this date, the minimum salary for the type of work you’ll be doing is whichever is the highest out of the following 3 options:

£38,700 per year
the ‘going rate’ for the type of work you’ll be doing

This means that even if you are earning over £38,700, and the annual going rate for your job is £43,000, you will not meet the minimum salary requirements.

Despite this, those who work in healthcare or education have different salary rules. For these jobs you must at least have an annual salary of £23,200, or more based on your job’s going rate. Your employer must make sure your job pays at least the minimum wage and follows the rules for how many hours a week you can work. If your employer does not do this, your application will be refused.

Check if your job is eligible

To check if your is eligible, you need to know the 4-digit occupation code. If you already have a job offer, ask your employer for the code. If you do not know your code, you can search for your job on the government website. Here is the link – https://www.gov.uk/government/publications/skilled-worker-visa-eligible-occupations/skilled-worker-visa-eligible-occupations-and-codes

Approved UK Skilled Worker Visa employers

You must have a job offer from an approved UK employer before you apply for a Skilled Worker visa. Approved employers are also known as sponsors. You can view the list of approved UK employers on the government website. Here is the link – https://www.gov.uk/government/publications/register-of-licensed-sponsors-workers

Your employer – also known as your sponsor – will check that you meet the eligibility requirements. They will give you a ‘certificate of sponsorship’ to prove this.

The certificate of sponsorship is an electronic record, not a physical document. It will have a reference number, which you’ll need for your visa application.

You must apply for your visa within 3 months of getting your certificate of sponsorship.

Knowledge of English

You must prove you can read, write, speak and understand English to at least level B1 on the Common European Framework of Reference for Languages (CEFR) scale.

You can prove your knowledge of English by:

passing a Secure English Language Test (SELT) from an approved provider
having a GCSE, A level, Scottish National Qualification level 4 or 5, Scottish Higher or Advanced Higher in English, gained through study at a UK school that you began when you were under 18
having a degree-level academic qualification that was taught in English – if you studied abroad, you’ll need to apply through Ecctis (formerly UK NARIC)for confirmation that your qualification is equivalent to a UK bachelor’s degree, master’s degree or PhD

You do not need to prove your knowledge of English if you are a national of the following countries:

Antigua and Barbuda
Australia
the Bahamas
Barbados
Belize
the British overseas territories
Canada
Dominica
Grenada
Guyana
Jamaica
Malta
New Zealand
St Kitts and Nevis
St Lucia
St Vincent and the Grenadines
Trinidad and Tobago
USA

Financial Requirements for UK Skilled Worker Visa

When making the application, you must show that you can support yourself when you arrive in the UK – you’ll usually need to have at least £1,270 available in your bank account which has been held for at least 28 days.

Should you not have these funds, then your employer may be able to make a declaration that they will cover your costs.

Skilled Worker Visa fees

When applying from outside of the UK, you will need to pay the following Home Office fees:

Visa duration up to 3 years – £719.00
Visa duration more than 3 years – £1,420.00
Immigration Health Surcharge – £1,035 per year

When applying from inside of the UK, you will need to pay the following Home Office fees:

Visa duration up to 3 years – £827.00
Visa duration more than 3 years – £1,636.00
Immigration Health Surcharge – £1035 per year

When applying for a role which is in the immigration salary list, you will need to the pay the following Home Office fees. This is the same whether applying from outside or inside the UK:

Visa duration up to 3 years – £551.00
Visa duration more than 3 years – £1084.00
Immigration Health Surcharge – £1035 per year

Please note that the fees above will also be payable for each dependant.

If you are applying for a Skilled Worker Visa based on a role in the health and care sector, then you will eligible for substantive reduction on the above. Please contact us to find out more.

Skilled worker visa processing times

If you are applying from outside of the UK, applications usually take 3 weeks to be considered. If you are applying from within the UK, then applications can take up to 8 weeks to be considered.

Priority service is available where you can get a decision within 5 working days for £500.00. You can also receive a decision the next working day for an additional fee of £1000.00.

Article last updated on 12/08/2024.

Interested in applying for a UK Skilled Worker Visa? Contact our immigration law team today!

Call us on 020 7928 0276, we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

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BNO Visa priority service introduced! Find out how to apply

The Home Office has recently announced the introduction of a new priority service for BNO visa applicants. This means that British nationals (overseas) from Hong Kong and their families who are planning to move to the UK can pay £500 to have their application processed within 5 working days. As current timescales for the BNO visa are 12 weeks from when you submitted your application, this is a significant reduction.

The BNO visa originally opened in January 2021 and allows people from Hong Kong who are classified as British nationals to apply for one. It also offers a path to settlement in the UK.

Want to apply for a BNO visa? Contact us today.

By the end of 2024, there were a total of 182,652 applications and 161,200 arrivals in the UK since the scheme began in January 2021. However, there are many more people from Hong Kong who could be eligible, with figures indicating 5.4 million may qualify for a BNO visa.

The BNO visa presents a unique opportunity for Hongkongers who registered as a British national (overseas) before 1^st July 1997, when Hong Kong was handed over from the United Kingdom to the People’s Republic of China. You can also apply for a BNO visa if you are the child of a British national (overseas) who was born on or after 1^st July 1997.

Keep reading to learn more about the requirements of the BNO visa, as well as how to apply using both the normal route and the BNO visa priority service.

Who can apply for a BNO Visa?

Firstly, to apply for a BNO visa you must be at least 18 years old and:

A British national (overseas)
The child of a British national (overseas) born on or after 1^st July 1997

Your family members can apply as your dependant if they are eligible, but must make their own application as your dependent. They must also apply at the same time as you unless they are your partner or a child under 18 years of age.

Your permanent home must be:

in Hong Kong, if you are applying from outside the UK
in the UK, Channel Islands, Isle of Man or Hong Kong if you’re applying in the UK

While there are no language requirements, if you later decide to settle after five years then you will be required to have a good knowledge of English.

Why should you choose the BNO visa?

A BNO visa allows you to both work and study in the UK. Compared with other visas, it has a number of perks:

No minimum skill or salary requirements
No sponsorship requirements
Ability to work in any job with any employer
Ability to study at any school, college or university without needing to ask for permission

What are the costs involved?

To apply, switch to, or extend a BNO visa you must pay both a visa application fee and a healthcare surcharge.

A visa application fee must be paid by you and each of your family members who are applying. As of April 2025, the costs are:

£193 for 2 years and 6 months (30 months)
£268 for 5 years

The main cost when applying is for the healthcare surcharge, which will allow you to use the UK’s National Health Service (NHS).

The costs are as follows:

Adults

£2,587.50 if you’re staying for 2 years and 6 months
£5,175 if you’re staying for 5 years

Children (under 18)

£1,940 if you’re staying for 2 years and 6 months
£3,880 if you’re staying for 5 years

The healthcare surcharge is paid as part of your online visa application.

Please note, however, that there are a number of financial requirements involved. You will usually need to prove that you have enough money to support yourself and your family for six months in the UK. The exception to this is if you have been living in the UK for at least 12 months.

You can prove that you have enough money in a number of ways. This can include:

bank or savings account statements
payslips
proof of income from self-employment
proof of income from rental property
a letter from friends or family with evidence (such as bank statements or payslips) that they have the money to support you and your family
a letter confirming an offer of accommodation from friends or family
a tenancy or mortgage agreement

It is important to note that proving an offer of work does not usually count as evidence unless you are transferring to a UK job with your current employer.

How long can you stay in the UK?

You are able to enter or stay in the UK for a 30 month period or a period of 5 years. If you apply for 30 months, then you are able to extend by a further 30 months. There is no limit on the number of times you can extend your BNO visa.

At the end of 5 years, you are able to apply for settlement if you meet the requirements. You are also able to apply for British citizenship 12 months after you achieve settlement.

How do I apply for a BNO visa?

For applying both inside and outside the UK, you will need a number of documents. You can find the full list of documents here.

Applying from outside the UK

Applying from outside the UK for a British National Overseas visa is a fairly simple process. There are two main ways of applying, either by using the UK Immigration: ID Check app or by going to an appointment at a visa application centre. Your visa will start on the day that it is approved.

If your application is successful then you must travel to the UK within 90 days if you went to a visa application centre. If you used the UK Immigration: ID Check app then you must travel to the UK before your visa expires.

You will receive your decision by letter or email which will inform you what you need to do next.

Switching to a BNO visa from inside the UK

When applying for the first time from inside the UK, you will need to apply online. Like applying from outside of the UK, you will either use the UK Immigration: ID Check app or go to an appointment and at a visa application centre.

Either way, you will be asked to provide your BNO, Hong Kong Special Administrative Region, or EEA passport. You will need to wait up to 12 weeks to process.

Unless of course, you apply for priority status.

Priority service

As of 14^th August, you can pay £500 (HK$4,971) to have your visa processed within five working days. This can be done through either attending an appointment at a UK Visa and Citizen Application Services (UKVCAS) centre or by using the UK Immigration: ID Check app.

While there is no limit on the number of people who can apply for a BNO visa, there is a limit on the number of people who can apply for priority service. You will find out if you can get a faster decision and what you need to do when you apply.

Our thoughts

We welcome the introduction of a priority service for the Hong Kong BNO visa. The BNO visa has already been very successful and is a win-win for both the UK and BNO applicants, with 113,500 arrivals so far. On the one hand, it gives millions of BNO passport holders in Hong Kong the opportunity to migrate and settle in the UK, and on the other it also provides the UK with skilled migrants who can help to fill the UK’s domestic labour shortage following Brexit.

The BNO visa scheme is expected to continue indefinitely for now, so there is plenty of time for applicants to apply. If you wish to apply for a BNO visa, feel free to contact us today. Our expert immigration team would be delighted to help you.

Have questions about this article? Get in touch today!

Call us on 020 7928 0276, our phone lines are open and we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

Or, download our free app! You can launch an enquiry, scan over documents, check progress on your case and much more!

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What are the requirements of the UK Skilled Worker Visa?

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Check if your job is eligible

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Knowledge of English

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