Migration to the UK Archives - ICS Legal Blog

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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...

Conservative majority implies Brexit, a new Australian-style points-based framework, and perhaps a new government department for borders and migration

Over the coming months and years huge changes to the immigration law can be expected because of the results of Thursday’s election. The UK will more likely officially Brexit at the end of next month prompting a transition period that is planned to end on 31 December 2020. However, this could be stretched out by mutual understanding between the EU and UK. When free development closes the Conservatives have been clear about their craving to introduce a new Australian-style focuses based system. Earlier in this month Boris Johnson gave a brief overview of the shape of the new system in front of the election. The press release utter an expert implementation group will be appointed to ensure the turn-out of the new immigration system from January 2021. The preliminary concept of the new immigration system is that the government will be in control. The press release reported single new system will assign points on a scope of criteria. It will actually assign individuals into three separate classifications: Exceptional talent – In the first category there will be highly educated immigrants receiving world-leading honours or generally showed outstanding ability, sponsored setting up a new business or investors. These won't require an...

UK Sponsorship License Application and Sponsor License Advisors

You may require hiring an employee from outside the EEA (European Economic Area) and Switzerland to work for you in the UK. To bring skilled migrant workers at first you must apply to the UK home office for sponsor license. Eligibility of applying Sponsor License Certain conditions require to be maintained before applying for a sponsor license. For instance, Your organization must be legally operated in the UK. You are honest and reliable not committing any crime against the law. You need to aware of and capable of carrying all the sponsorship duties and responsibilities. You require offering authentic work meeting the Tier 2 skill level. Moreover, before applying for UK sponsor License you should select the type of visa you want for your employee and right after all the documents ready you are allowed to apply through online and pay the fee. You need to submit required documents to meet the necessary levels and these must be supplied within five days after you submit the application. However, it is not guaranteed that hired employees will have the opportunity to stay there in the UK permanently. How UK immigration advisors help in easing your visa process The process of applying...

New reforms planned by the UK Government on visa categories

It is quite interesting to view the UK Government's opinion in terms of the impact migration has to the UK, and the benefits it brings about. The Entrepreneurs Network published a very detailed report on the major contribution foreign-born entrepreneurs are making to the UK economy. The reports provides important factual data, that demonstrates that migration plays an important role towards our economy. For example, 49% of the UK's fastest-growing startup companies have at least one immigrant co-founder. According to the report, since the Post-Study Work Visa route was withdrawn the UK's global market share of international students has fallen from 12% in 2010 to 8% in 2016. That does not surprise me at all, as the entire immigration programs have been drastically changed or removed, impacting the very essence of how important migration is to the UK. A perception that the Government has created whereby everyone is either coming to take our jobs or being reliant on the State, which is not true. This moves us to the new "digital transformation" that the UK Home Office have moved their immigration systems to. I welcome the news that the new partner for the UK Home Office, Sopra Steria have ended their relationship with an immigration firm. What...

UK Home Office to expand the use of ePassport gates to 7 more countries

The UK Home Office have announced today that from 20th of May 2019, they will permit visitors from Australia, Canada, Japan, New Zealand, Singapore, South Korea and the United States to use the ePassport gates at Ports in the UK. It is a welcoming news given to smooth the process of entering the UK. The UK Government estimates that there were about 10 million people arriving to the UK in 2017. This demonstrates that making the entry to the UK easier and more smarter is good for business, making those low risk countries accessible to the UK. Home Secretary Sajid Javid said: Our new global immigration and border system will improve security and fluidity for passengers coming to visit or work in the UK. Expanding the use of ePassport gates is a key part of this and allows us to improve the passenger experience of those arriving in the UK while keeping our border secure. The new system will help to drive our economy, cement our reputation as a global leader and send a clear message to the world – the UK is open for business. Whilst the new system is going to be implemented, the new system will check and make...

Apply for a UK visa in the USA

Go to your appointment You must book your biometric appointment at a US Department of Homeland Security application support centre (ASC) when you apply online. This is to have your photo and fingerprints taken (known as ‘biometric information’). When you visit the ASC for your biometrics appointment, please take your current passport, a print out of your application form and a copy of your biometric confirmation receipt. You can print your receipt when you apply online. Mobile phones, cameras and other recording devices are not permitted inside the ASC. Visa application process for children under 5 Children under the age of 5 applying for a UK visa from within the United States will also need to attend an appointment at an ASC. At the appointment, children under the age of 5 will have their photograph taken but will not be required to provide their fingerprints. To have your documents returned you must provide a fully addressed prepaid electronic shipping label (we cannot accept ground services and non-electronic waybills). Put your return shipping label and envelope inside the package, and keep a copy of the waybill for your records. Priority visa service This is an optional service where you can pay...

Immigration Analysis: Compliance, Enforcement, and Policy

Immigration Analysis: Compliance, Enforcement, and Policy Today’s immigration environment is ever-changing and increasingly complex. Last week the campaign to end new rules on family migration took a major step forward with a debate in the House of Lords, followed by a significant judgment in the High Court. Further changes to the Immigration Rules will continue to happen and the Home Office will make changes to their policy, which will impact both individuals and companies who sponsor migrants to work in the UK. Most notably, regulatory requirements are fluctuating and enforcement actions are aggressive. ICS Legal, with its depth of experience and broad global reach, is uniquely positioned to offer analysis, commentary, and up-to-the-minute information about the impact these changes will have.  

Written ministerial statement: Statement of Changes in Immigration Rules

The Minister of State for Immigration (Mark Harper): I am today laying before the House a Statement of Changes in Immigration Rules as set out below. I will expand the process of genuineness assessments and interviews to Tier 1 (General), Tier 2 (Minister of Religion), and Tier 5 (Temporary Worker) applications for entry and leave to remain, and to Tier 4 Students applying for further leave to remain. I will also be replicating for Tier 4 in-country extensions the existing power to refuse applications where the applicant cannot speak English. We will add Barbados to the list of countries whose nationals benefit from different documentary requirements and are exempt from the genuineness test when applying for a Tier 4 visa. I am making several small changes to economic routes to make them more attractive and more flexible for businesses. These changes include new provision in Tier 1 for artists of exceptional promise, removing the English language requirement for intra-company transferees, making it easier for graduate entrepreneurs to switch into Tier 2, and waiving share ownership restrictions for senior staff earning £152,100 or more. I will also be introducing flexibility for tourists and business visitors to undertake some study where it...

Changes related to EEA rules

Following the European Court of Justice case in Chen (C-200/02,) the UK created paragraphs 257C-E of the Immigration Rules to provide for entry as the carer or relative of an EEA national child in the UK. In the Upper Tribunal case of M (Chen parent: source of rights) Ivory Coast [2010] UKUT 277 (IAC), the domestic court confirmed that a primary carer of a self sufficient EEA national child had a directly enforceable EU right to enter and reside in the host state to facilitate the child’s free movement rights. This EU right is not subject to any restrictions imposed by the Immigration Rules regime. As a consequence it is no longer appropriate to deal with this category of case within the Rules.

Changes to the Immigration Rules relating to family and private life

The following minor changes and clarifications are being made to the Immigration Rules relating to family life. If you would like to get some legal advice before submitting an application for leave to remain based on Human Rights, contact us on 0207 237 3388 or e-mail us your query to info@icslegal.com.  • To clarify that the transitional provisions for further applications made by those granted entry clearance or limited leave to enter or remain under Part 8 of the Rules before 9 July 2012 can only be accessed by persons in the UK and subject to the requirements of Part 8 for such applications. • To provide that a person may apply for further limited leave to remain as a partner under Part 8 within a period of 28 days of the end of their last such leave. • To provide that the partner of a Points Based System migrant not on a route to settlement cannot switch into the partner route under Part 8 and amalgamate their leave as a partner under both routes towards the qualifying period for settlement. • To ensure that references to the UK National Recognition Information Centre are correct. (UK NARIC is the agency responsible...