The Immigration Skills Charge (Amendment) Regulations 2020 passed both houses of the Parliament on 3^rd November 2020. It is to amend the Immigration Skills Charge Regulations 2017.

 

What is the immigration skills charge?

 

First thing first, immigration skills charge is levy paid by employers who hire foreign workers to the government.

 

Employers must pay this if they are applying for a visa to work in the UK for 6 months or more under either a:

 

• Tier 2 (General) visa

 

• Tier 2 (Intra-company Transfer) visa

 

If the worker has applied for their visa from within the UK, the employer must pay the charge even if they’re applying for less than 6 months.

 

So what has changed?

 

Amendments made by the 2020 Regulations include the definition of skilled worker and add exemptions to the requirement to pay the charge. These Regulations come into force on 1 December 2020.

 

Definition of a skilled worker:

 

The amendment defines a person as a skilled worker as follows:

 

“skilled worker” means an individual who, in order to undertake employment, seeks entry clearance or leave to remain via an immigration route that—

 

(a) requires the individual’s role to be skilled appropriately in accordance with the immigration rules;

 

(b) requires the individual’s remuneration to meet or exceed a minimum threshold in accordance with the immigration rules;

 

(c) requires the individual to be sponsored in accordance with the immigration rules; and

 

(d) permits workers applying under that route to obtain a visa for a time period greater than 2 years.”

 

Exemptions from the charge:

 

The obligation to pay the charge does not apply where a sponsor assigns a certificate of sponsorship to a skilled worker under the following catchments (the last 3 in bold have been added within the recent amendment):

 

(i)     2111 (chemical scientists);

 

(ii)     2112 (biological scientists and biochemists);

 

(iii)     2113 (physical scientists);

 

(iv)     2114 (social and humanities scientists);

 

(v)     2119 (natural and social science professionals not elsewhere classified);

 

(vi)     2150 (research and development managers);

 

(vii)     2311 (higher education teaching professionals);

 

(viii)   2444 (clergy);

 

(ix)     3441 (sports players);

 

(x)      3442 (sports coaches, instructors and officials);.

 

 

Refunds on the Immigration Skill Charge

 

Employers can apply for a full refund if the worker’s visa application is:

 

• refused or withdrawn

 

• successful, but they do not come to work for you

 

They can get a partial refund if the worker:

 

• gets less time on their visa than you sponsored them for

 

• starts working for you but then changes to another sponsor

 

• leaves their job before the end date on their certificate of sponsorship

 

How long it takes

 

Employers usually get a refund within 90 days of:

 

• telling UKVI that the worker did not come to work for you

 

• the expiration date on the worker’s certificate of sponsorship, if they did not use it to apply for a visa

 

• the date the worker’s visa application is refused or withdrawn

 

If the worker’s visa application is refused, the employer can ask for the decision to be reviewed. This is known as an ‘administrative review’.

 

If they do not ask for an administrative review, the employer can get a refund within 90 days of the deadline for applying for one.

 

The employer will get a refund within 90 days of the administrative review being dismissed if the worker applied for one and were unsuccessful.

 

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The most recent changes to the Immigration Rules, according to the Home Office, aim to continue the government’s commitment to ‘simplifying the rules’ while also bringing in the Future Points-Based Immigration System.

 

This blog post aims to highlight the key parts of these new changes. For the full guidance you can follow this link.

 

Taking effect:

 

It is good to be aware that parts of this guidance have been released already, but this new statement fully solidifies previous ones.

 

Some key dates within this guidance us as follows:

 

Much of the new guidance will take effect from 9am on 1 December 2020, however, if an application for entry clearance, leave to enter or leave to remain has been made before 9am on 1 December 2020, the application will be decided in accordance with the Immigration Rules in force on 30 November 2020.

 

Parts of this guidance coming in from 9am on 1 December 2020 includes Skilled Worker visa rules, Global Talent visa, and Representative of Overseas Business visa.

 

The following changes take effect at 11pm on 31 December 2020: Leave to Remain, Settlement applications, and Family permits.

 

The changes around Hong Kong British National (Overseas) takes effect on 31 January 2021.

 

Visitor rules:

 

The Visitor rules will now:

 

• permit study of up to six months under the standard visit route. All study must be undertaken at an accredited institution, except recreational courses undertaken for leisure that last no longer than 30 days;

 

• allow drivers on international routes to collect as well as deliver goods and passengers in and out of the UK;

 

• remove the requirement for volunteering to be incidental to the main reason for the visit.

 

Other visitation rules to take note of are:

 

• Permitted Paid Engagement visitor: for experts in their field coming to the UK to undertake specific paid engagements for up to one month.

 

• Transit visitor: for those who want to transit the UK on route to another country outside the Common Travel Area and who will enter the UK for up to 48 hours by crossing the UK border unless Appendix Visitor: Transit Without Visa Scheme applies.

 

Short term study route:

 

A new Short-term Study route is being introduced for students who wish to come to the UK to study English language courses for between 6 and 11 months, replacing the current route. The study must be at an accredited institution. Students who wish to come to the UK to study for 6 months or less may now do so under the Visitor route.

 

Some notable changes here are:

 

• Validity requirements for the online form must be completed, the fee and Immigration Health Charge paid, biometrics and passport or travel document to be provided, and that the applicant must be outside the UK and aged 16 or over at the date of application. An applicant who does not meet these requirements may have their application rejected rather than being considered and refused.

 

• Applicants need to have either paid their course fees, or have sufficient funds to pay their fees.

 

• The study that a Short-term Student can undertake must consist solely of English language study at an accredited institution. An accredited institution is one which has been independently assessed by a specified inspection body as meeting required educational standards. The student must intend to leave within 30 days of the completion of their English language course and have sufficient funds to support themselves in the UK. A successful applicant will be granted a visa for 11 months.

 

The Parent of a Child Student route:

 

The Parent of a Child Student route allows one parent to come to or stay in the UK to care for their child (or children), where the child is a Child Student aged between four and 11 who is attending an independent fee-paying school in the UK.

 

Similarly to the above, online forms must be completed and the Immigration Health Surcharge must be paid.

 

Applicants need to show that they have funds available to cover their stay in the UK at  £1,270 and £315 per month for both the parent and the child, if they are applying for entry clearance or who have been living in the UK for less than 12 months.

 

Skilled worker route:

 

The Skilled Worker route is a new points-based route for those who wish to come to the UK for the purpose of working in a skilled job they have been offered. The key characteristics of the new route are that an applicant must be sponsored to do a specific job, which meets skill and salary requirements, by an employer that has been licensed by the Home Office.

 

An application as a Skilled Worker must:

 

• provide a certificate of sponsorship issued to them by their sponsor, dated no more than 3 months before the date of application (sponsor must be recognised as legitimate by the Home Office);

 

• provide written consent to the application from any Government or international scholarship agency who awarded the applicant any award for study in the UK in the 12 months preceding the date of application as a Skilled Worker;

 

• be aged 18 or over on the date of application.

 

Salary:

 

The general salary threshold set for Skilled Workers will be lowered from £30,000 under the Tier 2 (General) route to £25,600 a year. Sponsors must, as under Tier 2 (General) route, pay their skilled workers a salary which equals or exceeds both this threshold and the “going rate” for the occupation.

 

Sponsored workers may be paid less than the above amounts, depending on the tradeable points they are awarded. Applicants under the new route will need to be awarded 70 points in total.

 

All applicants must qualify for 50 mandatory points for:

 

• Sponsorship (20 points).

 

• A job at the appropriate skill level (20 points).

 

• English language skills at B1 (intermediate) level (10 points).

 

An applicant may be awarded the remaining 20 tradeable points in one of the following ways:

 

– A salary which equals or exceeds both £25,600 per year and the going rate for the occupation (20 points).

 

– A PhD qualification which is relevant to the job (10 points), and a salary which equals or exceeds both £23,040 per year and 90% of the going rate for the occupation (10 points).

 

– A PhD qualification in a STEM subject which is relevant to the job, and a salary which equals or exceeds both £20,480 per year and 80% of the going rate for the occupation (20 points).

 

– A job in a shortage occupation, and a salary which equals or exceeds both £20,480 per year and 80% of the going rate for the occupation (20 points).

 

– Being a new entrant to the labour market, and a salary which equals or exceeds both £20,480 per year and 70% of the going rate for the occupation (20 points).

 

– A job in a listed health or education occupation, and a salary which equals or exceeds both £20,480 per year and 80% of the going rate for the occupation (20 points).

 

Intra-Company Transfer Route:

 

On the Intra-Company Transfer route changes are being made to remove the cooling off requirement, to a single salary threshold for high earners at £73,900, and to allow people to move onto the route when already in the UK.

 

Start-up and Innovator routes:

 

These routes were reformed recently to attract to the UK those with innovative business ideas, you can read about them in our recent article – Immigration Changes for EEA Nationals from Jan 2021 – What you need to know!

 

Essentially, the Start-up route is for those setting up a business for the first time, who need to work to support themselves while developing their business ideas. The Innovator route is for those with industry experience and at least £50,000 funding, who can dedicate their working time to their business ventures, or those moving from Start-up who are progressing their business.

 

Also, each applicant for Start-up and Innovator must have the support of an approved Endorsing Body.

 

What do we think?

 

These are just some important parts of the guidance that we believe will have the most far reaching effects on people. In terms of the guidance itself, it is clear and concise. In the past the guidance has been a lot vaguer in regards to certain immigration. We are not saying these rules are perfect or that we support them wholeheartedly, but we do feel that they at least have clarity and applicants will know where they stand.

 

There is no getting away from the fact that the end of free movement and the introduction of a Points-Based Immigration System marks a huge change for EU, EEA and Swiss citizens, as well as for the UK in general.

 

We want to remind readers that EU, EEA and Swiss citizens arriving in the UK on or before 31 December who wish to work, study or visit the UK should not apply through the Points-Based Immigration System. If they want to stay in the UK after 30 June 2021 they should apply to the EU Settlement Scheme upon arrival in the UK.

Commonwealth citizens can continue to apply for a UK Ancestry visa to live, work or study in the UK. We are here to help anyone who has questions about these options.

 

It is of vital importance that people get their applications to stay in the UK in to the Home Office as soon as possible, as the time will come where it is too late and the chance will have been missed.

 

Please do not hesitate to get in contact with us if you have any questions whatsoever, or if you’d like our help in completing your applications.

 

 

Have questions? We are here for you!

 

In the meantime, we are operating as usual, and you can reach us on 020 7928 0276 or email in to info@lisaslaw.co.uk for any questions you may have on this topic.

 

Or, why not download our free app today? You can launch a new enquiry, scan over documents and much more.

 

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From 1 January 2021 the UK is bringing in new immigration rules in line with the country’s decision to leave the EU as a result of Brexit. A major part of these new rules is that EEA nationals will have to go through to the same immigration controls as non-EEA nationals. This has not been the case for many years and promises to change UK immigration massively from the New Year onwards.

 

This article will focus more on long term visas rather than visitor visas for EEA nationals. For information on short term visits in the New Year see our article: EEA Nationals – What to expect from Jan 2021 when entering the UK.

Visa Applications

 

New immigration routes will open later this year for applicants to work, live and study in the UK from 1 January 2021. They will be able to apply and pay for their visa online and when they apply, they will be asked to provide their biometric information. The process for this as followed:

 

EU, EEA and Swiss citizens

 

For most visas they will provide a digital photo of their face using a smartphone app. They will not have to give their fingerprints.

 

For a small number of low volume routes (to be confirmed later this year) they will need to go to an overseas visa application centre to have their photo taken.

 

Non-EU citizens

 

They will continue to submit their fingerprints and a photo at an overseas visa application centre.

 

Visa route breakdown

 

Some categories have been issued different names as part of the revamped immigration system:

 

Tier 2 (General) becomes the Skilled Worker route

 

Skilled migrant workers are to be sponsored by organisations who have an official and in-date sponsor licence, granted to them directly from the Home Office. Any migrant workers undertaking permanent employment will usually be sponsored under the Skilled Worker route, while those who are employed overseas and are being sent to the UK on a temporary intra-group assignment will usually be sponsored under the Intra-Company Transfer route.

 

For those applying under the Skilled Worker route, from January 2021, the job they are offered will need to be at a required skill level of RQF3 or above (equivalent to A level). They will also need to be able to speak English at B1 level (lower intermediate) and be paid the relevant salary threshold by their sponsor. This will either be the general salary threshold of £25,600 or the going rate for their job, whichever is higher.

 

If the applicant earns less than this – but no less than £20,480 – they may still be able to apply by ‘trading’ points on specific characteristics against their salary. For instance, if they have a job offer in a shortage occupation or have a PhD relevant to the job.

 

If you have a question about a specific set of circumstances, feel free to contact our immigration team today.

 

You can find the Shortage Occupation List here.

 

One more thing which is worth remembering about this route, and this is not a new aspect but rather one that has not been changed, is that applicants go through a 12 month cooling off period, meaning they cannot apply for a new Tier 2 visa within 12 months of their previous Tier 2 visa expiring unless they earn over £159,600.

 

Plus, from the employers point of view there will not be a general route for employers to recruit at or near the minimum wage.

 

If you are an employer but are not already a licensed sponsor and you think you might want to sponsor migrants through the skilled worker route from January 2021, you should apply now. If you need assistance, you can always contact our specialist immigration team.

 

Tier 1 (Exceptional Talent) becomes the Global Talent route

 

This route has actually not been altered to a large extent. Under this route, talented individuals will be granted immigration permission to work without restriction as long as they are endorsed by a specialist endorsing body following an official peer review.

 

With this route the Home Office may also offer an ‘Australian style’ points based system, whereby visas would be granted based on academics, age, earning potential etc. without the need of a job offer.

 

 

Lower skilled workers left behind?

 

As you may have gathered from the lack of recruitment of low paid workers, there will be no dedicated visa route for low skilled roles which is defined as those roles below the RQF 3 skill level, for example roles in agriculture, retail, manufacturing and haulage.

 

Tier 1 (Graduate Entrepreneur) and Tier 1 (Entrepreneur) was replaced by the Start-Up and Innovator categories in March 2019

 

The Start-up and Innovator routes are designed to attract entrepreneurial talent and innovative, scalable business ideas to the UK.

 

Applicants can be individuals or teams. The Start-up route is for those setting up a business for the first time, who need to work to support themselves while developing their business ideas. The Innovator route is for those with industry experience and at least £50,000 funding, who can dedicate their working time to their business ventures, or those moving from Start-up who are progressing their business.

 

Each applicant for Start-up and Innovator must have the support of an approved Endorsing Body. Endorsing Bodies are either Higher Education Providers or business organisations who have a track record of supporting UK based entrepreneurs and the support of a Government Department. Endorsing Bodies assess each application to ensure it is innovative, viable and scalable, and are responsible for monitoring the progress of the businesses they endorse.

 

International students and graduates

 

Student visa routes will be opened up to EU, EEA and Swiss citizens. Applicants will be able to apply for a visa to study in the UK if they:

 

• have been offered a place on a course

 

• can speak, read, write and understand English

 

• have enough money to support themselves and pay for the course

 

A new graduate immigration route will be available to international students who have completed a degree in the UK from summer 2021. They will be able to work, or look for work, in the UK at any skill level for up to 2 years, or 3 years if they are a PhD graduate.

 

Family routes

 

There are no major changes to the route allowing partners to join British citizens and those with permanent residence in the UK.

 

This is of high importance to EEA nationals who obtain either pre-settled or settled status under the EU Settlement Scheme, as their partners will have to satisfy the requirements of this route if their relationship began after 31 December 2020.

 

Essentially, EEA nationals who have a status under the EU Settlement Scheme who wish to bring their partners to the UK will have to demonstrate they are earning a minimum of £18,600 a year or have at least £62,500 in savings.

 

For more on the EU Settlement Scheme check out our article: A Clearance Of The Past? – How Can You Benefit From the EU Settlement Scheme?

 

What do we think?

 

These changes are not surprising to us as they have been in the pipeline since Brexit talks began, offering a general tightening up of the borders and bringing in new rules for EEA citizens which essentially puts them on the same tier as everyone else. In terms of how these changes are coming in due to Brexit, they do seem fairly reasonable at this point.

 

The only change that sticks out is the fact that lower skilled workers do not really have an option to come to the UK, which could be a cause for concern if people who are already living in the UK do not take up such low skilled work. It could become an issue but we will have to wait and see how it transpires.

 

 

Have questions? We are here for you!

 

In the meantime, we are operating as usual, and you can reach us on 020 7928 0276 or email in to info@lisaslaw.co.uk for any questions you may have on this topic.

 

Or, why not download our free app today? You can launch a new enquiry, scan over documents and much more.

 

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From the very beginning of 2021 the more tangible effects of Brexit will be felt, especially for people entering the UK from abroad. This blog will focus on what EEA nationals will need to bear in mind when entering the UK for short trips in the New Year.

 

If you are an EU, EEA or Swiss citizen

 

Nothing changes for Irish citizens as they will continue to be able to enter and live in the UK as they do now.

 

EU, EEA and Swiss citizens will continue to be able to travel to the UK for holidays or short trips without needing a visa. They will be able to cross the UK border using a valid passport.

 

They will not be able to use their EEA or Swiss national ID card to enter the UK from 1 October 2021.

 

However, EEA nationals can continue to use their national ID card to enter the UK until at least 31 December 2025 if they:

 

• have settled or pre-settled status under the EU Settlement Scheme

 

• have a frontier worker permit

 

• are an S2 Healthcare Visitor

 

• are a Swiss Service Provider

 

Travellers must have the correct documents to show at the UK border if they are travelling to the UK from 1 January 2021. They will not be able to use any documents to enter the UK that are not listed in the above.

 

You can use automatic eGates at some airports if you have a biometric symbol on the cover of your passport and you are 12 or over. Using the eGates is usually faster.

 

Controls on cash

 

Individuals travelling from the EU to the UK with £10,000 or more in cash will need to make a declaration.

 

Cash includes:

 

• notes and coins

 

• bankers’ drafts

 

• travellers’ cheques

 

• cheques (including travellers’ cheques) that are signed but not made out to a person or organisation

 

If you are travelling as a family you need to declare cash over €10,000.

 

Healthcare and Insurance

 

If you are visiting the UK make sure you:

 

• bring your European Health Insurance Card (EHIC) with you

 

• have travel insurance that covers the duration of your trip – an EHIC is not an alternative to travel insurance because it does not cover everything

 

 

Have questions? We are here for you!

 

In the meantime, we are operating as usual, and you can reach us on 020 7928 0276 or email in to info@lisaslaw.co.uk for any questions you may have on this topic.

 

Or, why not download our free app today? You can launch a new enquiry, scan over documents and much more.

 

If you have an iPhone, follow this link to download.

 

If you use an Android phone, follow this link to download. 

 

Find the link here if you need some further instructions on how to use our new app!

 

 

 

In the current times we find ourselves in it is important to try and focus on even the smallest of positives. While the COVID-19 pandemic has taken a massive toll on everyone in the nation, migrants living in the UK have some extra concerns on their minds in terms of how their and their family members’ visas may be affected.

 

To alleviate the very serious impact the virus has had on migrants, the Home Office has usefully updated its guidance to its caseworkers when dealing with family visa applications made under Appendix FM of the Immigration Rules. The updated guidance allows some leeway in relation to the minimum income threshold for entry clearance, limited leave to remain and indefinite leave applications.

 

What are family visas?

 

They generally refer to visas family members apply for to live and settle with their loved ones in the UK under the Immigration Rules. They include applications for partners (spouse, unmarried partner, civil partners), bereaved partners, victims of domestic violence, children, parents and dependent adult relatives. Majority of such applications are currently dealt with by Appendix FM of the Immigration Rules, although occasionally they also fall into the realm of other paragraphs.

 

What are the financial requirements for such visas?

 

Under the Immigration Rules, the financial requirements for such applications are high and rigid in two ways:

 

One: applicants are normally required to meet certain minimum income threshold. It is an annual income of £18,600 for one applicant, £22,400 for two applicants and plus £2,400 for each additional applicant thereafter.

 

Two: applicants need to provide a certain set of specific documents to demonstrate that they have met the requirements. In the context of employment, they will normally be six months’ payslips, 6 months bank statements and employer’s confirmation to confirm the income. In the context of self-employment and specified companies, Normally 12 months’ evidence of income is required.

 

Applications are likely to be refused if the applicants fail to meet both of the above requirements.

 

What have the Home Office revealed?

 

In the latest guidance the Home Office have said that certain concessions will apply where there is a temporary loss of income between 1 March 2020 and 1 January 2021, meaning people are less likely to face consequences if they have been unable to generate the income needed to meet their visa requirements.

 

The concessions are as followed:

 

• a temporary loss of employment income between 1 March and 1 January 2021, due to coronavirus, will be disregarded provided the minimum income requirement was met at the required level for at least six months up to March 2020

 

• an applicant or sponsor furloughed under the government’s Coronavirus Job Retention Scheme will be deemed as earning 100% of their salary

 

• a temporary loss of annual income due to coronavirus between 1 March 2020 and 1 January 2021 will generally be disregarded for self-employment income, along with the impact on employment income from the same period for future applications

 

• evidential flexibility may be applied where an applicant or sponsor experiences difficulty accessing specified evidence due to coronavirus restrictions

 

These are much welcome and necessary allowances, which the Home Office have said are there to “ensure applicants are not disadvantaged as a result of circumstances beyond their control because of COVID-19.”

 

What do we think?

 

We are pleased to see the guidance updated in this way, as we understand many people will have been deeply concerned about their financial situation amid the pandemic. It is a good move by the government to take the pressure off some migrants who have found their work and income has been impacted by coronavirus. It also allows them to have taken advantage of the financial support scheme offered by the government without fear of it negatively impacting their visa in the future, which would ultimately be counter-productive and illogical.

 

Although the above concessions are stated for family visa applications made under Appendix FM of the Immigration Rules, it is our belief that the same principles and spirits should equally be applied to other types of visa applications, whenever there is evidence to show that the applicants have been affected by the pandemic due to no fault of theirs and are unable to meet the relevant requirements or produce the relevant specified documents.

 

Have questions? We are here for you!

 

In the meantime, we are operating as usual, and you can reach us on 020 7928 0276 or email in to info@lisaslaw.co.uk for any questions you may have on this topic.

 

Or, why not download our free app today? You can launch a new enquiry, scan over documents and much more.

 

If you have an iPhone, follow this link to download.

 

If you use an Android phone, follow this link to download. 

 

Find the link here if you need some further instructions on how to use our new app!