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Latest UK & International Legal News

Coronavirus (COVID-19): advice for UK visa applicants and temporary UK residents

Coronavirus (COVID-19): advice for UK visa applicants and temporary UK residents If you’re in the UK If you had a visa that expired between 24 January 2020 and 31 July 2020 you were able to request an extension if you were not able to return home because of travel restrictions or self-isolation related to coronavirus (COVID-19). Additionally, if you had leave which expired between 24 January and 31 August 2020, including those who received an extension between this period, you were able to take advantage of a grace period between 1 August to 31 August 2020. The conditions of your stay in the UK were the same as the conditions of your leave. If conditions allowed you to work, study or rent accommodation you were able to continue doing so during August 2020. Now travel restrictions are lifting globally you will no longer be able to extend your visa on this basis and you are expected to take all reasonable steps to leave the UK where it is possible to do so or apply to regularise your stay in the UK. Call us on 0207 237 3388 or email us on info@icslegal.com if you need help on extending your leave to remain. ...

Recruiting people from outside the UK from 1 January 2021

Recruiting people from outside the UK from 1 January 2021 From 1 January 2021, freedom of movement between the UK and EU will end and the UK will introduce an immigration system that will treat all applicants equally, regardless of where they come from. Anyone you want to recruit from outside the UK, excluding Irish citizens, will need to apply for permission first. The requirements are different for each visa. The new system will not apply to EEA or Swiss citizens you already employ in the UK. EEA and Swiss citizens living in the UK by 31 December 2020, and their family members, can apply to the EU Settlement Scheme. They have until 30 June 2021 to apply. From 1 January 2021 you’ll need to have a sponsor licence to hire most workers from outside the UK. Call our team on 0207 237 3388 or email us on info@icslegal.com.  Skilled workers From 1 January 2021, anyone you recruit from outside the UK for the Skilled Worker route will need to demonstrate that: they have a job offer from a Home Office licensed sponsor they speak English at the required level the job offer is at the required skill level of RQF3...

Applying for the UK Spouse Visa

Applying for the UK Spouse Visa When applying for the UK Spouse visa, there are visa requirements you must meet and ensure that the immigration rules are met at the date of application. The UK Spouse Visa can be refused if the requirements or the evidences provided for the visa application is not provided. Due to the current situation, with Covid-19, there are some relaxation into the immigration policy, however this is not something you should be dependent on. The UK Spouse Visa requires, by immigration policy, to have all the evidences provided at the date of application. The changes to the UK Home Office visa digital platform changes, you must ensure the correct application route is chosen. A UK Spouse Visa is for non-UK residents aged 18 or over who are engaged, married to, or in a civil partnership with someone aged over 18 living in the UK. It is a type of settlement visa known as the UK partner visa. The qualifying criteria vary depending on your partner’s situation. You need a UK Partner Visa if you are coming to the UK to join your partner or spouse from outside the European Economic Area. If you hold a...

Non-EEA and Swiss nationals working in the EU (Van der Elst and Swiss posted workers)

The ECJ case of Van der Elst established that, provided certain criteria are met, non-EEA nationals working for an EU employer in the EU should be allowed to provide services in another Member State without the need to obtain a work permit. This means that an established non-EEA employee of an EU company in the EU can come to the UK to provide a service on behalf of the company without a work permit. Entry clearance is mandatory for both visa and non-visa nationals. Entry clearance is issued gratis. The requirements to be met by the employee are that they: are lawfully resident in the EU Member State in which the employer is established; are lawfully and habitually employed by an employer who is temporarily providing a service in the UK; do not intend to take any other employment; intend to leave the UK at the end of the period during which his employer is providing the service. 2. EUN4.2 What is the visa endorsement for non-EEA nationals working for EU employers? D: FOR EMPLOYMENT WITH [add NAME OF COMPANY], Code 4 Visas should be issued for the length of the contract with the EU employer. Applications from family members should...

10th Sep 2020 – Statement of Changes

This instrument amends the Immigration Rules that are used to regulate people’s entry to and stay in the United Kingdom. The detail of the changes being made is included in section 7 of this Explanatory Memorandum, but in summary, the changes will: Introduce the Student and Child Student rules for the Points Based Immigration System and make consequential amendments to other sections of the rules. Introduce sections of the rules for English Language provision, Maintenance and Academic Technology Approval Scheme (ATAS) and make consequential amendments to other sections of the rules. Remove or amend all references to Tier 4 as the route will close on 5 October 2020 at 0900 when the Student route is introduced. The definitions of ‘Student’ and ‘Child Student’ will include reference to ‘Tier 4 (General) and Tier 4 (Child) students respectively, to ensure that current Tier 4 visa holders can continue to extend their visas and bring dependants under the new rules, if they meet the requirements of the route. These changes shall take effect on 5 October 2020 at 0900. In relation to those changes, if an application for entry clearance, leave to enter or leave to remain has been made before 5 October 2020 at...

UK points-based immigration system: further details statement

Introduction On 31 December 2020, at 11:00 PM, freedom of movement between the United Kingdom (UK) and the European Union (EU) will end. This document sets out further detail on how our new immigration system will operate. At the heart of it will be the Points-Based Immigration System. In February 2020, we published our Policy Statement on the UK’s Points-Based Immigration System. This set out how we would fulfil our commitment to the British public to take back control of our borders by ending free movement and introducing a single, global immigration system. The Points-Based System will cater for the most highly skilled workers, skilled workers, students and a range of other specialist work routes including routes for global leaders in their field and innovators. This document builds on the Policy Statement by providing more detail to applicants, employers and educational institutions on the draft requirements and conditions underpinning the key immigration routes in the Points-Based System. The routes described in this document cover the main economic migration routes for those wishing to apply to work or study or set up a business in the UK. It also sets out our generous provisions for visitors. It is intended to give...

Application for change of conditions of leave to allow access to public funds if your circumstances change

Use this form if you already have leave granted on the basis of your family or private life. You can apply for a change to your conditions if: your financial circumstances have changed since being given permission to stay in the UK and you are no longer able to provide food or housing for yourself or your family your child is at risk because of your very low income you had financial problems when you first applied but you did not provide evidence of this and you now want to provide this evidence You can only change the conditions of leave which will allow you to access public funds to which you may be entitled with this request. Eligibility Check your eligibility before you apply. If you are eligible to apply you will find guidance on how to complete your application and the evidence you need to provide within the online application. What happens next If you meet the requirements for a change to the conditions of your leave to allow you to apply for public funds you will be told by letter or email. This may include a request that you give biometric information (fingerprints and photograph). You would need...

UK points-based immigration system: employer information

From 1 January 2021, free movement will end and the UK will introduce a points-based immigration system. The new system will treat EU1 and non-EU citizens equally and transform the way in which all migrants come to the UK to work. Anyone coming to the UK to work, excluding Irish citizens, will need to apply for permission in advance. Under a points-based immigration system, anyone coming to the UK for work must meet a specific set of requirements for which they will score points. Visas are then awarded to those who gain enough points. The points-based system will provide simple, effective and flexible arrangements for UK employers to recruit skilled workers from around the world through a number of different immigration routes. This represents a significant change for employers recruiting from outside the UK labour market, who will need to adapt. This guide provides an overview of the new system and sets out the steps employers can take to prepare. EU citizens already living in the UK The new system will not apply to EU citizens living in the UK by 31 December 2020. They and their family members are eligible to apply to the EU Settlement Scheme and have until...

Priority visa applications for Global Talent

You may be able to pay for a faster decision on a Global Talent visa or settlement (‘indefinite leave to remain’) application. You cannot submit a priority application for endorsement (stage 1) regardless of whether you are inside or outside of the UK. Priority applications from inside the UK If you are inside the UK, you can submit your immigration leave application (stage 2) as a super priority application, but should only do so if you have received your successful endorsement (stage 1) decision. Super priority applications (stage 2) cannot be held awaiting the outcome of a stage 1 application. Applications to extend your Global Talent leave or to apply for settlement may also be submitted as super priority applications within the UK. Applications submitted under a super priority service are subject to additional fees. Priority applications from outside the UK If you are outside the UK, you may be able to submit your entry clearance application (stage 2) using a priority service or super priority service, depending on options available in the country where you apply. Again, you should only apply for stage 2 if you have received your endorsement (stage 1) decision. Applications to extend your Global Talent leave...

Rights and status of frontier workers in the UK from 1 January 2021

Being a frontier worker depends on you having employment or self-employment in the UK. You can keep your frontier worker status if you are not working and one of the following applies: you’re temporarily unable to work because of an illness or accident you were working in the UK but are now involuntarily unemployed, and are looking for work in the UK you’re in vocational training while involuntarily unemployed you’re in vocational training while unemployed, and the training is related to the work you carried out in your previous work you’re temporarily unable to work as a result of pregnancy or childbirth you’re on maternity or paternity leave, and you will return to your previous employment, or find another job, at the end of this period You’ll need to apply for a frontier worker permit to enter the UK as a frontier worker. We will update this page when more information is available. Irish citizens do not need to do anything to continue working in the UK after 31 December 2020. Find out more about the rights of Irish citizens in the UK after Brexit.