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Employing a Non-UK National: A UK Sponsor Licence – Key Questions Answered

Immigration

The UK is currently experiencing an unusual economic climate. On one hand, we are facing a possible recession but on the other hand, the reduced qualified/skilled available workforce is leading employers to look overseas. This article hopes to dispel some of the myths surrounding sponsoring non-UK nationals.

What do I need to think about, when employing a non-UK national?

Firstly, where is your prospective employee?  If they are in the UK, how are they in the UK?

There are a number of immigration categories where an non-UK national is able to work for you in the UK without you needing to sponsor them. For instance:

  • Holders of Ancestry visas
  • Holders of dependant status: where their partner is in the UK under one of the work categories
  • Holders of spouse visas

If none of the above apply, then, if you are a UK trading entity, you can sponsor a non-UK national if you obtain/hold a sponsor licence.

Is it very expensive to sponsor a worker?

The total cost of sponsoring a non-UK employee depends on the following:

  1. Whether you are considered a small/medium or large company
  2. The duration of the permission: less or more than 3 years
  3. The job type: is it considered a shortage occupation or is it a PhD occupation?
  4. How old is your candidate?

Secondly, you need to consider what you, as an employer must pay for and what the employee pays for. Any immediate costs; for assigning the certificate of sponsorship, the certificate charge and the Immigration Skills Charge, is the responsibility of the employer. The other costs; Immigration Health Surcharge, priority processing and visa fees, are the responsibility of the employee and if paid by the employer are considered to be a “benefit in kind”.

Is it difficult to obtain a sponsor licence?

The main complexity with the sponsor licence application is that, if an application is refused, you are unable to reapply for 6 months.

The rules surrounding which entities can apply, the evidence  required to be submitted and whether a licence is required for each related entity in the UK is a challenge. Although information is available on the UK Government portal, it is not always clear which sections apply.

I have heard that the process is complicated and burdensome for the employer

That depends on whether you are already running a compliant business. Contrary to popular belief, the sponsor licence obligations complement the compliance required for employment law, tax, and  health and safety along with other areas of UK law. It is only complicated/burdensome, if you do not already have an effective compliance infrastructure in  place.

Additional Information

If you have any questions and/or would like tailored advice on any UK immigration matter, please speak to us at: hello@dixcartuk.com, or to your usual Dixcart contact.


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The data contained within this document is for general information only. No responsibility can be accepted for inaccuracies. Readers are also advised that the law and practice may change from time to time. This document is provided for information purposes only and does not constitute accounting, legal or tax advice. Professional advice should be obtained before taking or refraining from any action as a result of the contents of this document.


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Employing a non-UK National: A UK Sponsor Licence

We live in an unique economic climate. On one hand, we are facing a possible recession but on the other hand, the reduced qualified/skilled available workforce is leading employers to […]

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News & Views

Employing a non-UK National: A UK Sponsor Licence

Immigration

We live in an unique economic climate. On one hand, we are facing a possible recession but on the other hand, the reduced qualified/skilled available workforce is leading employers to look overseas. This article hopes to dispel some of the myths surrounding sponsoring non-UK nationals.

What do I need to think about, when employing a non-UK national?

Firstly, where is your prospective employee?  If they are in the UK, how are they in the UK?

There are a number of immigration categories where an non-UK national is able to work for you in the UK without you needing to sponsor them. For instance:

  • Holders of Ancestry visas
  • Holders of dependant status: where their partner is in the UK under one of the work categories
  • Holders of spouse visas

If none of the above apply, then are you an UK trading entity?  Then you can sponsor a non-UK national if you obtain/hold a sponsor licence.

Isn’t it very expensive to sponsor a worker?

The total cost of sponsoring a non-UK employee depends on the following:

  1. Whether you are considered a small/medium or large company.
  2. The duration of the permission: less or more than 3 years
  3. The job type: is it considered a shortage occupation or is it a PhD occupation
  4. How old is your candidate

If the above apply, there are discounts to the overall costs.

Secondly, you need to consider what you, as an employer must pay for and what’s the employee pays for. Any immediate costs for assigning the certificate of sponsorship – the certificate charge of £199 and the Immigration Skills Charge – is the responsibility of the employer. The other costs – Immigration Health Surcharge, priority processing and visa fees – are the responsibility of the employee and if paid by the employer then is considered to be a “benefit in kind”.

Is it difficult to obtain a sponsor licence?

The main complexity with the sponsor licence application is that, if an application is refused, you are unable to reapply for 6 months. The rules surrounding which entities can apply, the evidence  required to be submitted and whether a licence is required for each related entity in the UK is the challenge. Although information is available on the UK Government portal, it is not always clear which sections apply.

I have heard that remaining compliant with the sponsorship obligations is time-consuming.

Is the process complicated and burdensome for the employer? Well that depends on whether you are already running a compliant business. Contrary to popular belief, the sponsor licence obligations complement the compliance required for employment law, tax, health & safety along with other areas of UK law. It is only complicated/burdensome, if you don’t have a effective infrastructure in  place.

Additional Information

For additional information please get in touch with us at: hello@dixcartuk.com.


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The data contained within this document is for general information only. No responsibility can be accepted for inaccuracies. Readers are also advised that the law and practice may change from time to time. This document is provided for information purposes only and does not constitute accounting, legal or tax advice. Professional advice should be obtained before taking or refraining from any action as a result of the contents of this document.


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High Potential Individual (HPI) visa – What you need to know

Immigration Immigration

The High Potential Individual (HPI) visa is designed to attract top global graduates from prestigious universities around the work, who want to work, or look for work in the UK, following the successful completion of an eligible course of study equivalent to a UK bachelor’s degree level or above. The study must have been with an institution listed on the Global Universities List, the table of global universities that will be accepted for this visa route as awarding institutions, which is updated regularly.

The new High Potential Individual route, launched on 30 May 2022, is an unsponsored route, granted for 2 years (Bachelors and Masters holders), or 3 years (holders of a PhD).

Eligibility Requirements

  • The HPI is based on a points-based system. The applicant needs to obtain 70 points:
    • 50 points: The applicant must, in the 5 years immediately before the date of the application, have been awarded an overseas degree level academic qualification which ECCTIS confirms meets, or exceeds, the recognised standard of a UK bachelor’s or UK postgraduate degree. From an institution listed on the Global Universities List.
    • 10 points: English Language requirement, in all 4 components (reading, writing, speaking and listening), of at least level B1.
    • 10 points: Financial requirement, applicants must be able to demonstrate that they can support themselves within the UK, with a minimum cash fund of £1,270. Applicants who have lived in the UK for at least 12 months in another immigration category, do not have to meet the financial requirement.
  • If the applicant has, in the last 12 months before the date of application, received an award from a Government or international scholarship agency covering both fees and living costs for study in the UK, they must provide written consent to the application from that Government or agency.
  • The applicant must not have been previously granted permission under the Student Doctorate Extension Scheme, as a Graduate or as a High Potential Individual.

Dependants

A High Potential Individual can bring their dependant partner and children (under the age of 18) to the UK.

Staying Longer in the UK

The High Potential Individual route is not a route to settlement. A High Potential Individual is not able to extend their visa. However, they may be able to switch to a different visa instead, for example a Skilled Worker visa, Start-up visa, Innovator visa, or Exceptional Talent visa.

Additional Information

If you have any questions and/or would like tailored advice on any UK immigration matter, please speak to us at: hello@dixcartuk.com, or to your usual Dixcart UK contact.


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The data contained within this document is for general information only. No responsibility can be accepted for inaccuracies. Readers are also advised that the law and practice may change from time to time. This document is provided for information purposes only and does not constitute accounting, legal or tax advice. Professional advice should be obtained before taking or refraining from any action as a result of the contents of this document.


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Employing a non-UK National: A UK Sponsor Licence

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Fundamental Changes to UK Immigration Rules – April 2022

reporting regime Immigration

Background

As of 6th April 2022  a number of new UK immigration rules came into effect.

The Tier 1 (investor) visa had already been closed to new applicants on 17 February 2022.

A summary of the key changes is detailed below.

Overseas Representatives Business Category

The Overseas Representative Businessperson category, commonly known as Sole Representative will no longer exist. The Overseas Media Person category will remain unaffected. Those currently holding permission under the Sole Representative category will be unaffected.

Global Business Mobility Routes

The Intra-Company Transfer routes have been revamped and will be known as the Global Business Mobility routes. Those under this category will not be eligible for permanent residence.

The new Global Business Mobility route creates 5 sub-categories as set out below. It means that a sponsor licence holder will need to hold licences under the relevant sub-categories to be able to be a sponsor:

  1. The Senior or Specialist Worker which replaces the Intra-Company route and is applicable to senior managers or specialist employees who are being assigned to a UK linked entity for a temporary assignment.
  2. Graduate Trainee which replaces the Graduate Trainee Intra-Company route and is designed for those on a dedicated Graduate programme outside of the UK, and who are required to be assigned to the UK for part of the programme.
  3. UK Expansion Worker which is for senior managers or specialist workers being assigned temporarily to the UK to establish an UK entity or to undertake work related to a business expansion to the UK. The applicant would need to meet the points criteria (60 points) and be granted a Certificate of Sponsorship. This will mean that the employer must obtain a sponsor licence by requesting a provisional rating, with the applicant holding the role of authorising officer. The maximum stay allowed would be 5 years in any 6-year period.
  4. Service Supplier which is for overseas workers who are undertaking temporary work assignments in the UK, where the worker is either a contractual service supplier employee or a self-employed independent professional. The applicant would need to meet the points criteria (40 points) and be granted a Certificate of Sponsorship. There are no requirements to meet the salary point requirements. The maximum stay allowed would be 5 years in any 6-year period.
  5. Secondment Worker which is for overseas workers who are undertaking temporary work assignments, where the assignment is part of a high value contract or investment by their overseas employer. The applicant would need to meet the points criteria (40 points) and be granted a Certificate of Sponsorship. There are no requirements to meet the salary point requirements, but the contract must have been registered with the Home Office. The maximum stay allowed would be 5 years in any 6-year period.

Introduction of the High Potential Individual (HPI) and Scale-up Routes

The HPI introduces an elite points-based route to attract the brightest and best to the UK to maintain the UK’s status as a leading international hub for emerging technologies. Applicants must have a bachelor’s or postgraduate degree from one of the Global Universities, listed by the Home Office, within 5 years of the date of application.

The Scale-up route introduces an elite points-based route to attract the brightest and best to the UK, to maintain our status as a leading international hub for emerging technologies. A job offer must be received from an authorised UK scale-up company. The scale-up company would need to demonstrate that they have an annualised growth of at least 20% for the previous 3-year period in terms of turnover or staffing, as well as having a minimum of 10 employees at the start of the 3-year period.

Additional Changes

Changes have been made to the rules relating to Settlement based on Family Life and Private Life, to make the requirements simpler to understand.

Policy Guidance

A further update will be provided once the policy guidance has been released.

Further Information and Advice

If any of the changes above affect you and/or you need assistance regarding immigration to the UK, as an individual or as an employer, please speak to us at: hello@dixcartuk.com.


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The data contained within this document is for general information only. No responsibility can be accepted for inaccuracies. Readers are also advised that the law and practice may change from time to time. This document is provided for information purposes only and does not constitute accounting, legal or tax advice. Professional advice should be obtained before taking or refraining from any action as a result of the contents of this document.


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Employing a non-UK National: A UK Sponsor Licence

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UK immigration options and the labour crisis

Immigration

With COVID-19 and the UK’s departure from the EU, it is perhaps not surprising that there is a labour crisis – with an immediate concern for the UK supply chain and Christmas. The mid/ long term solution is of course to recruit from within the UK, but this involves time and money, for example attracting, training, and investing in the next generation.

So what about the short-term solution when there is difficulty in attracting/ lack of home talent?

The answer it seems, at least for the UK Government, are targeted temporary visa options for HGV drivers and poultry workers, which they hope will at least save Christmas! This is under the temporary Seasonal Worker route, with the additional announcement to allow pork butchers (although this is still to be formalised).

These are very temporary options indeed as seen below:

 Apply for visa byVisa expires on
Poultry workers (5,500 visas available)15 November 202131 December 2021
HGV food drivers (4,700 visas available)1 December 202128 February 2022
Pork butchersTBC – probably 31 December 2021 – not yet formalisedTBC – probably 6 months – not yet formalised

The benefit of the Seasonal Worker route is that it is less onerous and less expensive than the hands-on Skilled Worker sponsored route.

Would be migrants can be sponsored under the Seasonal Worker route by 1 of 4 approved organisations, and they might not need to provide personal evidence they meet the financial requirement. There is also no minimum salary threshold, although National Minimum Wage (and other) legislation does need to be complied with. This may just be the fix we need, but it is an extremely short-term option!

In comparison, under the Skilled Worker route, the direct employer must apply for/ hold a relevant sponsor licence, sponsor the migrant themselves, and be responsible for the various obligations and duties attached to sponsorship. In addition, the vacancy must be for a role which is amenable to sponsorship. For example HGV drivers cannot be sponsored, but a poultry worker as a butcher can be sponsored under the Skilled Worker route. There is also the minimum salary threshold which needs to be met, which in most cases is £25,600 per year and at least £10.10 per hour. For businesses looking to recruit someone longer-term, this could still be a viable but perhaps costly option.

So is the Government’s targeted approach working?

The proof will be in the (Christmas) pudding! However, the uptake in temporary visas by HGV drivers is just a paltry 0.4% (around 20 applications as of 13 October 2021, with each application taking around three weeks to process).

Perhaps unsurprisingly, this is a very low uptake and with such a short visa validity period, it is hardly an attractive option for migrants for such temporary work, where other countries can offer more stability and probably less bureaucracy especially within the EU.

What about coming over under the visitor rules?

Broadly speaking, visitors to the UK cannot work. However, the Immigration Rules provide for “Permitted Activities” which cover various but specific business needs including:

  • General Business Activities
  • Intra-corporate Activities
  • Manufacture and supply of goods to the UK

In the context of HGV drivers and poultry workers, it seems the visitor rules will be of limited assistance.

What about other sectors?

There is very much an appetite for similar short-term visa options to be introduced for example in banking. And clearly, where there is political will, the Government can address immediate needs by amending the Immigration Rules, at very short notice if circumstances dictate this.

However, the Government is also very keen for businesses to move away from relying on foreign labour, and to invest, train, and recruit from within the UK. It therefore seems short-term immigration options will only be introduced in the most extreme circumstances…!

Conclusion

It seems that unless more attractive options are introduced by the Government in the short term, the labour crisis will remain and there will continue to be difficulties in recruiting.

In the meantime, businesses will need to keep trying to encourage applications with incentives. Employers can also lobby elected officials, industry bodies, as well as participating in consultations such as in the social care sector which is really struggling. Hopefully in the medium to long-term, this labour crisis will no longer be an issue!

OTHER ITEMS TO NOTE

Other than looking at immigration options in the labour crisis, changes and immigration related news/cases you might want to take a note of include:

  • Skilled Workers applying for indefinite leave to remain must now be earning at least £10.10 per hour
  • Au pairs can’t enter the UK as visitors
  • People travelling to Great Britain from Ireland may encounter immigration checks, despite the Common Travel Area
  • If recommendations are accepted and implemented by the Home Office, Intra-Company Transfer workers could become eligible to apply for indefinite leave to remain, and a drop in skill level to match Skilled Workers

First published: 27 October 2021

Further information

If you have any questions and/or would like tailored advice on any UK immigration matter, please speak to us at: hello@dixcartuk.com or to your usual Dixcart contact.


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The data contained within this document is for general information only. No responsibility can be accepted for inaccuracies. Readers are also advised that the law and practice may change from time to time. This document is provided for information purposes only and does not constitute accounting, legal or tax advice. Professional advice should be obtained before taking or refraining from any action as a result of the contents of this document.


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Employing a non-UK National: A UK Sponsor Licence

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A snapshot of the latest UK immigration news

Immigration

In this article, we look at some of the latest immigration related announcements from over the last few weeks and months.

1 – Sponsorship Roadmap

Published last month, the Sponsorship Roadmap sets out changes which were implemented from 1 December 2020. These include:

  • removal of the Resident Labour Market Test
  • suspension of the 20,700 cap on skilled workers
  • the introduction of the pre-licence priority service meaning a decision could potentially be made within 10 working days (if a coveted priority slot can be purchased!)

For the remainder of 2021, the Home Office will be looking to:

  • simplify the process for how they review documentary evidence as part of the sponsor licence application process
  • review fees
  • introduce an enhanced Skilled Worker eligibility checking tool
  • pilot their new salary check feature with HMRC

Between 2022 and 2024, there are further plans to streamline the sponsorship journey including:

  • faster end-to-end process for both sponsoring organisations and sponsored workers
  • the re-use of information already held by the government such as automatic checks against data held by other departments
  • making the system more user-friendly

In addition, the Home Office will launch in Spring 2022, the new “Global Business Mobility” route for overseas business wishing to establish a presence in or transfer staff to the UK. This seems to be revising/ amalgamating existing work visa categories, for example the current Intra Company Transfer category.

2 – Shortage Occupation List review

The Migration Advisory Committee (or “MAC” for short) carry out consultations and determine what jobs they consider to be a shortage occupation in the UK.

A benefit to being able to sponsor a migrant under the Shortage Occupation List (or “SOL” for short) is that 20 points can be scored from this element, rather than under the salary element, to score a minimum of 70 points for sponsorship.

As a result of Brexit, there is no longer an endless supply of EU labour and many business sectors such as care homes are struggling to fill roles and/or pay the necessary minimum salary required under the sponsorship rules.

If you are an employer struggling to fill certain roles in adult social care, you may wish to feed your concerns directly to MAC who currently have an active open consultation. You can submit your responses by 29 October 2021 at this link https://www.gov.uk/government/consultations/review-of-the-impact-of-the-ending-of-freedom-of-movement-on-the-adult-social-care-sector. This is your opportunity to influence policy, but more importantly, help yourself help recruit for those difficult to fill roles by having them add to the SOL.

We would expect the rules to be changed wholesale to address the increasing labour shortage and/or further MAC reviews.

3 – An introduction for employers

The Home Office have published promotional material called The UK’s points-based immigration system: an introduction for employers. Whilst the title doesn’t roll off the tongue, it does seem to be a good overview for employers looking to take the first step and embark on the sponsorship journey.

4 – EU Settlement Scheme deadline…

For quite some time, the Home Office have stood firm that EEA nationals resident in the UK by 31 December 2020 must make an application for status under the EU Settlement Scheme by 30 June 2021.

Since then, they have allowed late applications to be submitted, if there are reasonable grounds.

On 6 August 2021, through a press release, the Home Office have said that these individuals “who apply late to the EU Settlement Scheme (EUSS) will have their rights protected” whilst their application is being determined. This will offer some security and stability for both individuals (and their family members), as well as for employers, though we always recommend checking the latest guidance first!

5 – the new “High Potential Individual” visa category

Towards the end of July, the Department for Business, Energy & Industrial Strategy published their UK Innovation Strategy. As part of this strategy, the government aim to introduce the new “High Potential Individual” route, though it’s not clear when.

This route appears to be for graduates from top global universities wishing to come to the UK to work. It seems that no job offer is required and it offers flexibility to the visa holder for changing employers.

If introduced, it seems to be a similar to previous (and now closed) visa categories such as the Highly Skilled Migrant Programme, and the Tier 1 (General) route.

We would expect the current Graduate visa category to remain open, as this is open exclusively to foreign students who are graduating or recently graduated from a UK higher institution.

First published: 28 September 2021

Further information

If you have any questions and/or would like tailored advice on any UK immigration matter, please speak to us at: hello@dixcartuk.com or to your usual Dixcart contact.


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The data contained within this document is for general information only. No responsibility can be accepted for inaccuracies. Readers are also advised that the law and practice may change from time to time. This document is provided for information purposes only and does not constitute accounting, legal or tax advice. Professional advice should be obtained before taking or refraining from any action as a result of the contents of this document.


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Further changes to the UK Immigration Rules

new immigration sponsor system Immigration

On 10 September 2021, the Home Office published further changes to be made to the current UK Immigration Rules. Most of these take place throughout October 2021, though there are some changes taking place as late as January 2022.

COVID-19 concessions

Throughout the current pandemic, the Home Office have published COVID-19 concessions by way of guidance, which can be changed at will. A few of these concessions are to be formally introduced into the Immigration Rules, providing more security to those affected, including:

  • Tier 1 (Entrepreneur) visa holders, who were granted an extension under the concession and wish to apply for settlement, will need to show they have created 4 jobs each lasting 12 months or 2 jobs each lasting 24 months
  • Skilled Worker and Sportsperson migrants – for applicants who were in another visa category, and applied to “switch” into one of these between 24 January 2020 and 30 June 2021, it may now be possible to count the decision making time towards settlement
  • EU Settlement Scheme – the late concession/ guidance relating to excessive absences issued shortly before the deadline of 30 June 2021 is being incorporated

Other changes

A summary of some of the changes are set out below:

  • Except in prescribed cases, EEA nationals will no longer be allowed to use their valid national identity card for entry to the UK – they will need to use a valid passport
  • Launch of the new “International Sportsperson” route, which replaces existing routes for professional sportspeople, and requires endorsement, sponsorship, meeting financial requirements and in some instances, meeting the English language requirement
  • The Global Talent route for talented and promising individuals in certain fields, will see some changes for the endorsement element, and the “Prestigious Prizes” element which bypasses the endorsement requirement is expanding the list of qualifying prizes
  • The “working holiday visa” or Youth Mobility Scheme visa category is being expanded in January 2022 to allow citizens of India and Iceland between the ages of 18 to 30 to apply to live and work in the UK for up to 2 years, without sponsorship, with additional requirements for Indian citizens including holding an undergraduate degree or having a minimum of 3 years’ work experience in a role equivalent to the approved list of jobs
  • Changes are being made to existing rules relating to Afghan citizens under the Afghan Relocations and Assistance Policy, as well as the ex-gratia scheme

The Home Office have also published the Afghanistan resettlement and immigration policy statement, as well as promotional material called Next steps in the UK: immigration information for people evacuated from Afghanistan, although these do not form part of the Immigration Rules.

OTHER ITEMS TO NOTE

Other than looking at some of the changes being introduced to the Immigration Rules over the next few months, changes and immigration related news/cases you might want to take a note of include:

First published: 28 September 2021

Further information

If you have any questions and/or would like tailored advice on any UK immigration matter, please speak to us at: hello@dixcartuk.com or to your usual Dixcart contact.


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The data contained within this document is for general information only. No responsibility can be accepted for inaccuracies. Readers are also advised that the law and practice may change from time to time. This document is provided for information purposes only and does not constitute accounting, legal or tax advice. Professional advice should be obtained before taking or refraining from any action as a result of the contents of this document.


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Typical immigration fees for individual applications

Immigration

The purpose of this Information Note

This note provides only the pricing and service information that our regulator requires us to post to our website in relation to specific immigration law services for individuals. It is not intended to and does not provide comprehensive information about the immigration law services we provide generally. If there are any immigration matters you would like assistance with which are not listed below, or have a query related to business immigration services please do not hesitate to contact us.

Dixcart Legal offers a bespoke immigration service for businesses, investors, entrepreneurs, and for families wishing to relocate to the UK, as well as those who have already made a life for themselves here. No matter where you are currently living, whether you live locally in Surrey, another part of the UK, or abroad, we are always happy to have an initial chat to see if we can assist you. We are able to help with all types of UK immigration applications, at all different “stages” of the process, as well as helping you to apply for British citizenship. In the unfortunate event that you receive a negative decision, we can explore your options and help with challenging the decision. Please contact your usual contact at Dixcart Legal for more information about our immigration law services or email us at hello@dixcartuk.com.

This note covers the following areas and, to assist your reading, we set out below each of the headings used:

Who will carry out the work

Anna Bose carries out the immigration work at Dixcart Legal. Anna is supervised by Anne-Marie Pavitt. Details of their experience and qualifications can be found in their profiles.

Anna Bose is an immigration adviser and provides her services to Dixcart Legal through her company ADBH Advisory Limited, which is regulated by the Office of Immigration Services Commissioner (No. F202100356).

Information costs for individuals

We are required by the Solicitors Regulation Authority to publish certain pricing information on some of the immigration services we offer to individuals which is set out below.

We have provided below a typical range of our legal costs, exclusive of VAT for full support for a straightforward matter. These costs are based on Anna’s hourly rate (£220 per hour, excluding VAT). We are legally required to charge VAT (currently 20%) on all our legal costs. However, if you live outside the UK, then we are not required to charge you VAT on our legal costs. If you ask us to instruct third-party work on your behalf, we are required to charge you VAT on these costs.

The typical legal costs are based on an application for one individual/ the main applicant only. As we offer bespoke immigration services, the below should be used as a guide only.

Initial Consultation

Type of consultationTimeLegal costs (exclusive of VAT)
Initial/ generalUp to 30 minutesFree
TailoredUp to 1 hour£250

Applications to the Home Office

Type of applicationAverage time to complete workAverage legal costs (exclusive of VAT)
Visitor visa (for all purposes) 5 – 15 hours£1,100 to £3,300
Spouse and Partner visas   (including fiancé(e) and proposed civil partners)15 – 20 hours£3,300 to £4,400
Start-up visa   (including former Tier 1 (Graduate Entrepreneur related visa applications)20 – 35 hours£4,400 to £7,700
Innovator visa (including former Tier 1 (Entrepreneur) related visa applications)30 – 45 hours£6,600 to £9,900
Global Talent visa   (including former Tier 1 (Exceptional Talent) related visa applications)25 – 45 hours£5,500 to £9,900
Tier 1 (Investor) visa40 – 60 hours£8,800 to £13,200
Skilled Worker visa   (including former Tier 2 (General) related visa applications)10 – 20 hours£2,200 to £4,400
Intra-Company Transfer visa   (including former Tier 2 (Intra-company Transfer) related visa applications)10 – 20 hours£2,200 to £4,400
Child Student/ Student visas  (including former Tier 4 student related visa applications – all types)10 – 20 hours£2,200 to £4,400
T5 (Temporary Worker) visas – all types   (including former Tier 5 (Temporary Worker) related visa applications – all types)10 – 15 hours£2,200 to £3,300
Representative of an Overseas Business (“Sole Rep”) visa30 – 45 hours  £6,600 to £9,900
UK Ancestry6 – 20 hours£1,320 to £4,400
Pre-settled and Settled Status applications under the EU Settlement Scheme   (including paper applications, for example on the basis of “Surinder Singh”/ qualifying British citizen partner)3 – 20 hours£660 to £4,400
Turkish Worker/ Turkish Businessperson visa applications including Indefinite Leave to Remain (Ankara Agreement)15 – 30 hours£3,300 to £6,600
Indefinite Leave to Remain (2-5 years)15 – 30 hours£3,300 to £6,600
Registration/ Naturalisation application to become a British citizen10 – 20 hours£2,200 to £4,400

Appeals to the First-tier Tribunal (Immigration and Asylum Chamber)

  Appeals to the First-tier Tribunal (Immigration and Asylum Chamber)Average time to complete workAverage legal costs (exclusive of VAT)
Lodging appeal notice, preparing for and representing you at your full hearing25 – 45 hours£5,500 to £9,900

Range in our legal costs

Our legal costs are for a straightforward matter. If you provide us with all the information and all the documents we request at the start of the matter, our legal costs will tend to be at the lower/ middle range. 

Factors which usually push our legal costs towards the middle/ higher range include (but please note that this is not an exhaustive list):

  • the application being submitted from outside the UK (an “Entry Clearance”/ initial visa application) or from inside the UK (an extension/ change of visa application)
  • where the matter is urgent
  • where information/ documents are not provided to us at the same time
  • lengthy/ numerous correspondence and repeat advice
  • where further information or documents are requested by other parties
  • where the Tribunal directs that further procedures/ hearing(s) are required
  • where you wish to request an adjournment (request to reschedule your hearing(s))

Factors which might not make a matter straightforward include (but please note that this is not an exhaustive list):

  • where you don’t clearly meet all the requirements
  • where you require to rely on concessions/ discretion to be exercised
  • where you have previously been refused a visa, have an adverse immigration background, and/or have any criminal history
  • where you have civil/ criminal convictions or pending actions
  • where your application is time sensitive

In some circumstances a combination of some or all of the above is likely to cause our legal costs to exceed the higher costs range. We would tell you if this was likely to occur.

As each case is different and will depend on your own unique circumstances, we will give you a more accurate estimate once we have more information about your specific case. Please note the above average number of hours and legal costs are based on the information set out below.

The work we will do for you

For both applications to the Home Office or appeals to the First-tier Tribunal (Immigration and Asylum Chamber

When acting for you our work, whether for applications to the Home Office or appeals to the First-tier Tribunal (Immigration and Asylum Chamber), will include:

  • taking your instructions
  • discussing your circumstances in detail and exploring what options may be available to you
  • giving you advice about the requirements/ rules, whether you meet the criteria and how to proceed if you do not meet the requirements
  • advising you on the process, timelines, deadlines, and documents required
  • considering the supporting evidence you provide to us, giving feedback, and advising whether additional evidence is required
  • liaising with other parties about supporting evidence where necessary
  • keeping you updated throughout the process
  • correspondence and brief calls
  • advising you about the outcome and in the event that your application/ appeal is refused/ dismissed, options which may be available to you

For applications to the Home Office

Specifically in relation to applications to the Home Office, our work will also include:

  • preparing your application, including preparing detailed representations, and submitting your application on your behalf

For appeals to the First-tier Tribunal (Immigration and Asylum Chamber)

Specifically in relation to appeals to the First-tier Tribunal (Immigration and Asylum Chamber), our work will also include:

  • lodging an appeal notice/ grounds of appeal
  • preparing for your appeal including legal research and sending your bundle of evidence
  • taking witness statement(s) from yourself (and other relevant persons where appropriate)
  • considering the Home Office’s bundle of evidence
  • negotiating with the Home Office (where appropriate)
  • representing you/ advocacy at the Tribunal for your full hearing

Timeframes

For applications to the Home Office

As soon as you have provided us with all the required information and documents (in the correct format), we can usually submit your application within 5 working days or sooner.

We have no control over how long the Home Office will take to make a decision on your application. The Home Office have published their processing times for issuing a decision.

For appeals to the First-tier Tribunal (Immigration and Asylum Chamber)

As an appeal is a form of litigation, the speed and length of time required is not wholly within our control and can be subject to the actions of the Home Office and/or Tribunal. It can also depend at which stage of the procedure we have been instructed.

The timetable to lodge your appeal and other documents is dictated by the Tribunal. For example:

  • Your appeal notice (in effect to register your intention to appeal) will normally need to be submitted to the Tribunal within 14 days after receiving the Home Office decision refusing your application
  • Copies of your bundle of evidence are required to be lodged (sent) to the Home Office and Tribunal, as soon as possible, but usually no later than 7 days before the full hearing. The date of the full hearing is set by the Tribunal and is therefore out of our control.

As you will see the above timeframes are short and in order to meet the deadlines we need your full co-operation, and the co-operation of any third parties whom you engage to provide evidence and/or assistance.

We have no control over how long the Tribunal will take to make a decision on your appeal. The Tribunal will not usually make a decision at the end of your full hearing, and can take between 1 week and 6 months (if not more) to issue a written decision, even if an oral decision is made at the end of your full hearing.

The legal costs set out above do not include any additional costs payable to third parties in connection with your case.

Excluded costs (including information about likely third party mandatory costs)

There are certain mandatory costs which you will usually always have to incur depending on your case, including those set out below. Please click on the links for details of the fees and any VAT which is chargeable:

  • Tribunal fees for appeals (and possibly Biometric Enrolment costs if the appeal is successful)
  • Costs related to an application to the Home Office such as
    • Home Office application fees
    • Immigration Health Surcharge fees
      • (usually payable in all cases for a visa of more than 6 months validity, except where applying for Indefinite Leave to Remain, or to become a British citizen)
    • Biometric Enrolment costs (see above)
      • (may be included in the Home Office application fee or paid separately if the application is made by post within the UK)

There may also be certain mandatory costs to use a visa application centre/ Sopra Steria UKVCAS service point, and additional optional services. These costs are usually set by the Home Office’s commercial partners and are in relation to applications to the Home Office. Further information can be found below for:

There may also be other third party costs which you may need to incur (and where VAT may also be charged) depending on your circumstances. Typically, these will include (but not limited to):

  • Translators/ interpreters – where your documents are not in English or Welsh/ you don’t speak English – this will vary and can typically range from £30 to £500
  • English language test or use of UK ECCTIS services to compare your Bachelor degree or above
  • Tuberculosis test – applicants from certain countries only
  • Life in the UK Test – applications for Indefinite Leave to Remain and/or to become a British citizen
  • Authorities issuing criminal record certificates where required and dependent on the country where the authority is based, for example Tier 1 (Investor) and Skilled Worker – only for certain occupations – this will vary and can typically range from £50 to £100
  • Authorities issuing birth certificates, marriage/ civil partnership certificates, divorce certificates, death certificates etc – Costs in England and Wales but likely to vary depending on the country where the authority is based

Excluded services (which will attract additional costs)

The following items are not included in the above legal costs range and will attract additional costs:

  • Where dependants are applying
  • If you consider that we need to see and advise on documents that are not set out in the detailed list of documents we provide to you, then this extra work would not be covered in the above legal costs range and would involve you incurring additional legal costs, which will be dependent on the number of documents and complexity of the documents
  • Where you wish us to chase the Home Office before and/or after the above published processing time has past
  • Attendance, travel and waiting time at any interview requested by the Home Office. If you are invited to attend an interview, we will be happy to discuss this with you and/or attend with you. The length and nature of the interview is not within our control, though on average an interview may last anywhere between 1 hour and 8 hours or more. We would therefore simply charge our hourly rate for our travel time, time spent waiting and being engaged at the interview, and travel expenses at cost
  • If you wish us to withdraw your application/ appeal, any new work will be subject to additional legal costs
  • If your case is refused/ dismissed, whilst we will advise you of the outcome and outline possible options available to you, any subsequent work you instruct us to carry out is not included in the above legal costs range and would be subject to additional legal costs, which we would be happy to discuss with you at the time
  • Once we have communicated the Home Office/ Tribunal decision to you, this will bring our service to an end and any subsequent work will be subject to additional legal costs
  • Travelling and waiting time at the Tribunal for the full hearing in excess of 5 hours (including the hearing) and/or external meetings, and travel expenses at cost
  • Attendance, travel and waiting time for procedural hearings required in addition to the full hearing, although these do not usually happen, and travel expenses at cost
  • Attendance, travel and waiting times at any rescheduled hearings, and travel expenses at cost
  • Ad hoc (immigration) enquiries not immediately related to your case
  • Courier costs, at cost

Version: 4

Effective Date: 12 August 2021

Dixcart Legal Limited


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The data contained within this document is for general information only. No responsibility can be accepted for inaccuracies. Readers are also advised that the law and practice may change from time to time. This document is provided for information purposes only and does not constitute accounting, legal or tax advice. Professional advice should be obtained before taking or refraining from any action as a result of the contents of this document.


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Digital UK immigration status

Immigration

As UK employers, it is likely that you will, at some point, come across migrants with digital UK immigration status only. That is to say, individuals without physical UK immigration documents. This is likely to become something regular. So who will likely get digital status only, and how do they demonstrate their right to work in the UK?

Who has digital status?

The first group of people are EEA and Swiss citizens who have been granted Settled or Pre-settled Status under the EU Settlement Scheme. Non-EEA/ Swiss family members will still be issued physical documents.

The second group of individuals are EEA and Swiss citizens applying for a visa outside the EU Settlement Scheme, as well as people who apply for a British National (Overseas) visa, and they have used the “UK Immigration: ID Check” app. If they don’t use an app, and attend a biometric enrolment appointment, they should be issued physical documents

We expect that in the future, more groups of people will be granted digital UK immigration status only, although it would not be surprising if this attracts further court action e.g. R (the 3million Ltd) v Secretary of State for the Home Department [2021] EWHC 1159 (Admin). This case was concerned about digital only status, but did not get anywhere as the claim was “premature” i.e. before 1 July 2021 when EEA/ Swiss citizens could still rely on their physical passport/ ID cards to prove their right to work in the UK. Watch this space for news on any further litigation in this area…!

Demonstrating right to work

Where an individual has physical UK immigration documents, the document itself can be used to prove they have a right to work in the UK. If the individual chooses, they can also send you a share code which they can obtain from here.

Where a migrant only has digital UK immigration status, for example, under the EU Settlement Scheme or having used the app, they can obtain a share code from a similar but different link here.

As an employer, you will need to use the UK Government’s “View a job applicant’s right to work details” website to check an individual’s right to work. This website can be used regardless of which website the individual obtained their share code from, but you will also need their date of birth.

Whether you satisfy yourself that an individual has a right to work by examining physical documents (or the temporary COVID related checks), or using the UK Government’s websites, you ought to retain compliant evidence to help you establish a statutory defence against a civil penalty of up to £20,000 per illegal worker. It is also advisable that you take steps to minimise discrimination. For example, British citizens cannot obtain a share code whatsoever, and not all EEA/ Swiss citizens will have status under the EU Settlement Scheme.

OTHER ITEMS TO NOTE

Other than looking at digital UK immigration status and how these individuals can demonstrate their right to work, changes and immigration related news/cases you might want to take a note of include:

  • the “Nationality and Borders Bill” recently had its second reading in the House of Commons – it seeks to “tidy up” some gaps in the law, though there is some concern that in its current form, it could criminalise actions taken by organisations such as the RNLI
  • there is NEW right to work guidance which took effect from 1 July 2021 – it is advisable that you carefully review as soon as possible and ensure the new guidance is followed
  • retrospective right to work checks do not need to be undertaken on EEA citizens if they entered into employment before/ on 30 June 2021, subject to compliant checks having been carried out in line with the relevant guidance at the time. If you do identify EEA citizens in your workforce who have applied to the EU Settlement Scheme and don’t have another form of lawful immigration status, you might be able to take advantage of the transitional measures until 31 December 2021
  • there will be a tailored version of the Skilled Worker visa for people displaced from Jordan and Lebanon
  • Temporary right to work checks in light of the current pandemic is currently due to end on 31 August 2021
  • the UK Government published its UK Innovation Strategy last week and intend to introduce a new High Potential Individual route which would allow individual to come to the UK without a job offer; as well as a scale-up route allowing individuals to apply through a fast-track verification process

First published: 23 July 2021

Further information

If you have any questions and/or would like tailored advice on any UK immigration matter, please speak to us at: hello@dixcartuk.com or to your usual Dixcart contact.


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The data contained within this document is for general information only. No responsibility can be accepted for inaccuracies. Readers are also advised that the law and practice may change from time to time. This document is provided for information purposes only and does not constitute accounting, legal or tax advice. Professional advice should be obtained before taking or refraining from any action as a result of the contents of this document.


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LAST CALL EU Settlement Scheme and NEW Right to Work guidance

Immigration

With just a few more days to go, the deadline to submit an application under the EU Settlement Scheme (“EUSS”) is 30 June 2021. Failure to meet this deadline will mean that a person is in the UK unlawfully, although there are “reasonable grounds” to submit late applications.

If you are a UK employer, you will be interested to read the most recent Home Office guidance on right to work checks. This was published on 18 June 2021 and finally includes guidance relating to EEA citizens up to and including 30 June 2021, and from 1 July 2021.

In addition, the temporary COVID-19 right to work measures were due to end on 19 June 2021. However, the temporary changes are now due to end on 31 August 2021. As you may be aware, retrospective checks do not need to be carried out on compliant checks undertaken in line with the temporary measures.

Right to work checks up to and including 30 June 2021

In short, UK employers can still rely on EEA passports and national identity cards as proof of an EEA individual’s right to work in the UK. There is however, the need to ensure compliant evidence has been retained. By doing so, you can establish a statutory excuse and there is no need to carry out retrospective checks after 30 June 2021.

Right to work checks from 1 July 2021

From this date onwards, UK employers can continue to accept Irish passports and Irish passport cards as evidence of an Irish individual’s right to work in the UK.

For all other EEA citizens, UK employers will only be able to accept the same evidence which applies to all other foreign nationals.

In relation to EEA citizens, examples of acceptable evidence of right to work include:

Transitional measures until 31 December 2021

The new guidance sets out a new process which can be followed by UK employers until 31 December 2021. This will apply where you discover that an EEA individual in your workforce by 30 June 2021, has not made an EUSS application by 30 June 2021. In this situation, the EEA individual does not have status, but you do not need to immediately cease employment. You should record and maintain records of checks and actions taken, for example keeping comprehensive written correspondence and notes. A summary of the process is as follows:

  • advise the EEA individual to submit an EUSS application within 28 days and provide you with a Certificate of Application (“CoA”)
    • if the EEA individual fails to do so, you must take steps to cease employment in line with relevant legislation
  • contact the Employer Checking Service (“ECS”) once you have the CoA
  • receive a Positive Verification Notice (“PVN”) from the ECS if an application was submitted, which together with the CoA provide you with a 6-month statutory excuse
  • carry out a follow-up check with the ECS, before the PVN expires, to maintain a statutory excuse
  • continue with follow-up checks until the application has been finally determined. If finally determined and refused, you must take steps to cease employment in line with relevant legislation

Conclusion

It is recommended that UK employers keep good and compliant records. In addition, you would be well advised to diarise dates, and you may wish to do so in at least two different sources.

If you have any EEA individuals in your workforce, you may wish to recommend that they make sure they submit an EUSS application by the deadline of 30 June 2021.

It is also recommended that UK employers carefully review the new guidance and/or take appropriate legal advice to ensure your processes and procedures remain compliant. It will also be important to build up an awareness of the rules which apply up to 30 June 2021, and those which apply from 1 July 2021. By doing so you can minimise the risk of receiving a civil penalty of up to £20,000 per illegal worker.

OTHER ITEMS TO NOTE

Other than looking at the EUSS deadline and various right to work rules, changes and immigration related news/cases you might want to take a note of include:

  • the new Graduate route goes live from 1 July 2021 – individuals with this visa will be able to work in the UK without sponsorship
  • some EEA citizens may be able to rely on recently published EUSS COVID-19 concessions
  • countries such as Malta, Madeira, Spain’s Balearic Islands and various Caribbean islands are due to be added to the UK’s green list countries taking effect from 4am on 30 June 2021, although some are being added to the “green watchlist” meaning changes could be made at short notice

First published: 28 June 2021

Further information

If you have any questions and/or would like tailored advice on any UK immigration matter, please speak to us at: hello@dixcartuk.com or to your usual Dixcart contact.


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The data contained within this document is for general information only. No responsibility can be accepted for inaccuracies. Readers are also advised that the law and practice may change from time to time. This document is provided for information purposes only and does not constitute accounting, legal or tax advice. Professional advice should be obtained before taking or refraining from any action as a result of the contents of this document.


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So you want to settle in the UK…?

Immigration

When people talk about moving to the UK, many people want to apply for “permanent residence” at the start of their UK immigration journey. In most cases, this is not possible – an application for settlement or indefinite leave to enter/ remain usually requires a minimum residence period in the UK for 5 years in the same visa category.

It is therefore important to choose an appropriate visa category which allows you to do what you want to do in the UK, as well as eventually being able to apply for settlement (if that is an objective).

For instance, both the Skilled Worker and Intra-Company Transfer categories allow individuals to work in the UK; however, only individuals in the Skilled Worker route will be eligible to apply for settlement after 5 years if they meet all the requirements.

An important requirement is that employers continue to hold a valid sponsor licence. Organisations will be aware that a sponsor licence is valid for 4 years, and they will have diarised to renew its sponsor licence. Without a valid sponsor licence, the individual will not be eligible to apply for indefinite leave to remain, and may be unlawfully working for you. It is not just the responsibility for Skilled Worker migrants to keep a track of their absences, but sponsors also have a duty to keep a record. In reality, many employers and HR staff already keep a record in the personnel files of each member of staff. In addition, employers require to confirm in writing to the Home Office that the individual is still required for work for the foreseeable future, and will be paid the minimum salary.

Another vital requirement, not just in the Skilled Worker category but for most routes eligible for settlement is that individuals cannot have been absent from the UK for more than 180 days in ANY rolling 12 month period, over the minimum residence period. There are exceptions which might apply, and some visa categories even allow specific work-related absences to be discounted from the “180 day rule”.

Once an individual is settled, they may be eligible to apply to become a British citizen – but that is for another article post.

Is there any visa category where the minimum residence period is less than 5 years?

There are a number of visa categories that allow individuals to apply for settlement in less than 5 years if all the requirements are met, for instance:

Visa categoryMinimum residence period in the UK
Tier 1 (Investor)£5 million investment3 years
Tier 1 (Investor)£10 million investment2 years
Innovator3 years
Global Talent (depending on sub-category and endorsing body)3 years

Is it possible to combine time spent in another visa category?

Depending on the individual’s current and previous visa categories, it may be possible to combine time spent continuously in the UK, to meet the relevant minimum residence period. For instance, if an individual has spent a continuous period of 5 years in the UK, with 3 years in the “Sole Rep” category, and subsequently 2 years in the Skilled Worker category, then the minimum 5 year residence period is met. However, the same minimum residence period is not met if combining 2 years on a Student visa and 3 years in the Skilled Worker category.

There is also the Long Residence rule which means individuals who have continuously and lawfully lived in the UK for 10 years, can combine all their different UK visas to become eligible to apply for settlement. Under the Long Residence rules, the Home Office currently state that absences from the UK cannot be more than 540 days; however in the recent Upper Tribunal case of Chang (paragraph 276A(a)(v); 18 months?) [2021] UKUT 65 (IAC) (it just rolls off the tongue!), the Upper Tribunal Judge ruled instead that absences cannot exceed 548 days!

Conclusion

The rules to become eligible to apply for settlement in the UK will be different for each individual, dependent on their own immigration circumstances. Employers/ sponsors should ensure that key dates are diarised and to ensure appropriate steps are taken, and good records are kept.

OTHER ITEMS TO NOTE

Besides summarising the various options and requirements for settling in the UK, other changes and immigration related news/cases you might want to take a note of include:

  • the temporary adjusted right to work checks end on 16 May 2021 – full checks will therefore resume from 17 May 2021
  • there is just over 2 months left until the EU Settlement Scheme deadline of 30 June 2021 – EU nationals who were resident in the UK before the end of December 2020 would be well advised to submit an application in good time. Employers who have recruited these staff should encourage them to apply! Continued employment of these individuals after this date will be unlawful (unless exceptions apply and/or the government extend the deadline)
  • EU residence documents cannot be accepted after 30 June 2021 for immigration purposes – employers can therefore begin to insist on seeing proof of status under the EU Settlement Scheme from 1 July 2021
  • Sponsor licence compliance audits have resumed
  • from 4am on Friday 23 April 2021, India will be on the UK’s “Red List” – individuals can still travel to and enter the UK if they hold an appropriate UK visa

First published: 21 April 2021

Further information

If you have any questions and/or would like tailored advice on any UK immigration matter, please speak to us at: hello@dixcartuk.com or to your usual Dixcart contact.


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The data contained within this document is for general information only. No responsibility can be accepted for inaccuracies. Readers are also advised that the law and practice may change from time to time. This document is provided for information purposes only and does not constitute accounting, legal or tax advice. Professional advice should be obtained before taking or refraining from any action as a result of the contents of this document.


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The new Graduate visa category will benefit UK businesses

Immigration

Almost a decade after the Tier 1 (Post-Study Work) route closed in 2012, the new Graduate visa category will be open to applications from 1 July 2021. This will be welcome news to international students, and to UK employers – especially with the loss of unlimited access to the EU labour market, and since the Skilled Worker route is not suitable for lower paid jobs (which has been a worry for some of our hospitality and care home clients).

What are the headline points?

  • Open to international students in the UK who have successfully completed an eligible course of study at UK bachelor’s degree level or above – most recently/ currently as a Tier 4 (General)/ Student migrant
  • Only current dependants of Tier 4 (General)/ Student migrants can apply to be dependants on this route
  • Visa will be valid for 2 years or 3 years (for PhD or other doctoral qualifications)
  • Cannot be extended further
  • Not a route to settlement

How will this benefit UK employers?

As an unsponsored visa category, UK employers are free to hire these visa holders (including dependants) without needing to apply for a sponsor licence – with the usual exception of work as a professional sportsperson. There isn’t, for example, a:

  • restriction on who visa holders can work for – they can therefore work for multiple employers
  • restriction on the maximum number of hours someone can work
  • minimum skill level requirement
  • minimum salary threshold to be met (although employment legislation on minimum wage still applies).

This route will therefore be a potential lifeline to UK employers who have been worried about how they will “plug” the labour gap, as a result of Brexit and other immigration constraints. Although not a long-term fix, hopefully some of our hospitality, care home, and other clients can take some comfort with this new visa category.

Employers are also well-advised to undertake compliant right to work checks on all prospective employees prior to employment commencement, and at regular intervals as appropriate to minimise risk of receiving a civil penalty of up to £20,000 per illegal worker. Care should also be taken to avoid discrimination.

OTHER ITEMS TO NOTE

Besides summarising the new Graduate route, other changes and immigration related news/cases you might want to take a note of include:

  • there is just over 3 months left until the EU Settlement Scheme deadline of 30 June 2021 – EU nationals who were resident in the UK before the end of December 2020 would be well advised to submit an application in good time. Employers who have recruited these staff should encourage them to apply!
  • employers may wish to consider applying for a Skilled Worker and/or Intra-company Transfer sponsor licence in anticipation of the EU Settlement Scheme closing – the standard processing time is 8 weeks but an additional premium can be paid for, usually resulting in a decision within 2 weeks
  • in R v Secretary of State for the Home Department [2021] UKSC 7, it was decided by the Supreme Court that Shamima Begum is not allowed to return to the UK to argue her case about whether she should be deprived of her British citizenship or not; however her case about deprivation of her citizenship remains outstanding

First published: 22 March 2021

Further information

If you have any questions and/or would like tailored advice on any UK immigration matter, please speak to us at: hello@dixcartuk.com or to your usual Dixcart contact.


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The data contained within this document is for general information only. No responsibility can be accepted for inaccuracies. Readers are also advised that the law and practice may change from time to time. This document is provided for information purposes only and does not constitute accounting, legal or tax advice. Professional advice should be obtained before taking or refraining from any action as a result of the contents of this document.


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Upcoming changes to the UK Immigration Rules

Immigration Immigration

Following the Budget on 3 March 2021 announcing some immigration changes, on 4 March 2021, the Home Office published its first Statement of changes to the Immigration Rules of the year. We summarise some of the key substantive changes below.

Introduction of new visa category

The new Graduate route will be open for applications from 1 July 2021. This visa category will allow international students who have successfully completed their higher education either as a Student or Tier 4 migrant to apply for a 2 or 3 year visa to work (including self-employment).

Skilled Worker route

There are various clarifications and more notably, there is the addition of eight occupations into the Shortage Occupation List in the health and care sectors, including: Pharmacists, Physiotherapists, Nursing auxiliaries and assistants, and Senior care workers.

Modern foreign language teachers will also be added to the Shortage Occupation List, but skilled chefs will be removed.

Jobs on the Shortage Occupation List score more points towards the minimum 70 points required in this visa category.

In addition, the minimum hourly rate must be at least £10.10, even if the minimum annual salary threshold is met. These changes will go live on 6 April 2021.

Global Talent

Where applicants have received a “prestigious prize” they will no longer need to seek endorsement from an endorsing body. A prestigious prize includes the following (in specified categories):

  • Academy Awards
  • BAFTA
  • Brit Awards
  • Golden Globes
  • Nobel Prize

Bypassing the endorsement stage allows an applicant to apply directly for the visa, which can save on time and costs. Some of the changes will go live on 6 April 2021 and 5 May 2021.

Changes in other visa categories have not been covered as these are mostly minor amendments.

Other changes on the horizon

From the Budget, we can expect to see in the next 12 months:

  • an elite points-based visa by March 2022
  • review of the Innovator visa
  • launch of the new Global Business Mobility by spring 2022 for overseas businesses to establish a presence or transfer staff to the UK – this is possibly a replacement of the current Sole Rep visa category
  • modernising the immigration sponsorship system

Additional Information

  • If you have any questions, regarding UK immigration, the recent changes and the implications of Brexit, please get in touch with us in the Dixcart office in the UK: advice@dixcartlegal.com, or your usual Dixcart contact.

First published: 05 March 2021


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The data contained within this document is for general information only. No responsibility can be accepted for inaccuracies. Readers are also advised that the law and practice may change from time to time. This document is provided for information purposes only and does not constitute accounting, legal or tax advice. Professional advice should be obtained before taking or refraining from any action as a result of the contents of this document.


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What to do if you receive a negative decision from the Home Office

Immigration

Picture this: you’ve checked the Home Office website lots of times. You feel quite confident that you meet the requirements and have all the correct documents. You’re both excited and nervous and submit the application with no legal assistance. Some time has passed and you finally receive a decision from the Home Office. Unfortunately, it’s not quite what you had expected – what should you do?

Sadly this is not that uncommon for businesses and individuals, and can be very daunting – especially if you’re not sure what went wrong.

The best course of action is try not to panic (too much) and speak to a qualified immigration adviser as soon as possible to discuss potential options, including looking at whether any deadlines apply.

We set out below some options which might be available, though please note your specific circumstances will dictate what your options are. If you have any questions, please do get in touch with us.

Individuals

1 – Submitting a new application

Depending on whether the application was submitted within or outside the UK, and the reason(s) for refusal, re-submitting a new application (and paying new fees) can be an option. This might not be the best method if you are already in the UK.

2 – Administrative Review

For most types of applications, you will have the right to submit an Administrative Review within 14 or 28 days, depending on where you made the initial application. If you are in the UK, this option might temporarily protect your immigration status.

There is a fee of £80 and you are effectively asking the Home Office to reconsider the application again. It is not an opportunity to submit further documents which you might have inadvertently missed out when you first submitted the application; however, representations can be made on your behalf.

  • The outcome will usually be that the original decision is maintained
  • Alternatively, the original decision might be reversed and a new decision is made granting the application or amending the conditions

3 – Appeal to the First-tier Tribunal (Immigration and Asylum Chamber)

In limited cases, you might have the right to submit an appeal to the First-tier Tribunal (Immigration and Asylum Chamber). This must usually be done within 14 days and may temporarily protect your immigration status.

An independent Immigration Judge will effectively decide whether the Home Office had made the correct decision or not. There is a fee to pay to the court: £80 without a hearing, and £140 with a hearing.

It is possible to submit evidence and further documents, but there are procedures and deadlines to follow.

If you choose not to have a hearing, an Immigration Judge will simply make a decision based on the papers before them.

If you choose to have a hearing, you will “have your day in court”. There will usually be someone at court representing the Home Office/ Secretary of State, who will have the opportunity to question you and any of your witnesses. You can also be represented by an immigration lawyer who will advocate on your behalf.

  • The outcome will usually be that the Immigration Judge decides the Home Office made the correct decision or that the wrong decision was made
  • It might be possible to further appeal the Immigration Judge’s decision

Businesses

4 – Request for reconsideration

If you are a business and have been refused a sponsor licence, you won’t have the right to submit an Administrative Review, or an appeal to the First-tier Tribunal. However, it might be possible to request the application be reconsidered.

5 – Submitting a new application

Alternatively, you may be able to submit a new application and pay new fees. If you are subject to a cooling-off period (which can range from 6 months to indefinitely), you should not submit a new application as it will automatically be refused.

Judicial Review

6 – Judicial Review

Whether you are a business or an individual, you might be able to challenge the lawfulness of a decision in the higher courts by way of judicial review, but only once all other available options have been exhausted.

Which court an action is raised (and what the court fees will be) will normally depend on location:

  • Scotland – the Court of Session
  • Northern Ireland – the High Court of Justice
  • England and Wales – the Upper Tribunal or the High Court (Administrative Court)

There is a strict process to follow, for example sending written notice to the other party such as the Home Office that you intend to raise a judicial review action against them. An action for judicial review must usually be raised within 3 months, or within 16 days depending on what you are challenging.

There will usually be a substantive hearing(s) where an Advocate (in Scotland) or a Barrister (in Northern Ireland, England and Wales) will make representations.

  • The outcome will usually be that the original decision is found to be lawful or unlawful.
  • It might be possible to further challenge the decision, for instance in the Supreme Court.

Conclusion

Clearly, getting the application right first time is the best case scenario. We therefore recommend that you seek professional immigration advice prior to submitting any application to the Home Office. Whilst this is an additional cost, it could potentially save time and money in the long run, and hopefully take out most of the stress of navigating around the complicated UK immigration system.

In the unfortunate event that you receive a negative decision, we recommend that you:

  1. speak to an qualified immigration adviser as soon as possible
  2. ensure any deadlines are met
  3. prepare to wait for the outcome of a challenge – this can vary from a few weeks to a few years (depending on the method of challenge and any rights of further appeal)
  4. budget for additional costs, including legal costs – this can vary from a few hundred pounds to tens of thousands of pounds, if not more

For individuals, a negative decision means that you will usually need to declare the refusal in any future immigration application you make, not just for the UK but for any other country in the world. More importantly, if you are in the UK, meeting the deadline will be essential as this may temporarily protect your immigration status.

For businesses, a negative decision for a sponsor licence could impact any existing migrants you currently sponsor. It will also mean you cannot sponsor new migrants. This could impact business operations. It is also important to avoid a “knee-jerk” reaction if you employ a migrant (whether sponsored or not), and they subsequently receive a negative decision from the Home Office. They may have statutory protection and still possess a lawful right to work. We would therefore recommend that you take employment and immigration advice as soon as possible.

Other items to note

Besides summarising some options which might be available if you receive a negative decision from the Home Office, other changes and information you might want to take a note of include:

First published: 19 February 2021

Further information

If you have any questions and/or would like tailored advice on any UK immigration matter, please speak to us at: hello@dixcartuk.com or to your usual Dixcart contact.


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The data contained within this document is for general information only. No responsibility can be accepted for inaccuracies. Readers are also advised that the law and practice may change from time to time. This document is provided for information purposes only and does not constitute accounting, legal or tax advice. Professional advice should be obtained before taking or refraining from any action as a result of the contents of this document.


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New Year, New UK Immigration System, New Considerations

Immigration

Since the introduction of the new UK points-based immigration system on 1 December 2020, and the end of EU free movement rules on 31 December 2020, what exactly does this all mean?

1 – EEA nationals

Most “new” EEA nationals without an existing UK immigration right (e.g. status under the EU Settlement Scheme), will now need appropriate immigration permission before they can come to the UK.

If they are visiting, they can usually do so for up to 6 months without first applying for a Visitor visa; however, as visitors, what they can and cannot do is heavily regulated, and there are strict rules about receiving payment from a UK source. For example, they must not do any work in the UK, unless it is something expressly permitted such as attending a meeting.

If they wish to come to the UK longer term and to work, they will need to consider the same UK immigration options which apply to non-EEA nationals. For example: by being sponsored by an approved UK employer under the Skilled Worker visa category; by being sponsored under the Spouse visa (or other associated) category; or by investing a minimum of £2 million into qualifying UK investments under the Tier 1 (Investor) visa category. Some EEA nationals may even be eligible for a Frontier Worker permit. These visa categories give the right to work. There may be a number of other options available depending on the circumstances of each individual.

2 – The new UK immigration system

With the end of EU free movement rules, the new UK immigration system now applies equally to all non-British/ Irish citizens. It is now comprised of two parts:

  1. a non-tiered points-based system (PBS); and
  2. a non-PBS

The end of the Brexit Transition Period means that the “Ankara Agreement” no longer applies to the UK. In most cases, Turkish citizens already in the UK may be able to extend their Turkish Worker visa or Turkish Businessperson visa, although there may be restrictions on who they can work for.

In limited cases, Swiss based companies may still be able to send their employees to the UK to work for limited periods, regardless of their nationality under the Service Providers from Switzerland visa category.

For the rest of the “new” immigration system, much of it has stayed the same, with most of the main visa categories being moved to another section of the rules (so they are no longer sitting within a points-based “Tier” system). In effect, the “new” system is mostly a rebranding job with little substantive changes, for example:

Previous termsNew terms
Leave to enterPermission to enter
Leave to remainPermission to stay
Tier 2 (General)Skilled Worker
Tier 2 (Intra-Company Transfer)Intra-Company Transfer
Tier 5 (Temporary Worker)T5 (Temporary Worker)

However, perhaps the biggest and most substantive change was to the sponsored work system. Under the Skilled Worker category, there is no longer the need to carry out the previously mandatory “resident labour market test” (the prescriptive 28-day job advertising requirement).

Naturally, the 2 different types of “certificates of sponsorship” (CoS), restricted and unrestricted no longer exist, since there is no longer an annual quota. Instead, there is now the defined CoS and undefined CoS.

Broadly speaking, the defined CoS is for someone applying for an initial visa from outside the UK, and the undefined CoS is for everyone. As with the unrestricted CoS, sponsors can apply for an annual allocation of undefined CoS which may potentially save HR advisers and employers time.

There are also some other changes which we previously touched on such as a lower skill level under the Skilled Worker route, and changes to the minimum salary thresholds – giving 6 potential ways of meeting the salary requirements and “scoring” a necessary 20 points.

Most of the requirements and obligations under the previous sponsored work system, and the wider UK immigration system more generally remain the same. For example, UK employers should still carry out necessary right to work checks, and repeat these where appropriate.

3 – Conclusion

Although there is a new UK immigration system, much of which was simply a rebranding job, individuals and businesses should be alert to the fact that the same complexities still exist. It remains advisable that immigration advice should be sought from a qualified adviser prior to submitting any application to the Home Office, to minimise the risk of any adverse decisions and potential impact on future applications.

Other items to note

Besides summarising what the new UK immigration system means, other changes and information you might want to take a note of include:

  • the Hong Kong (BNO) visa will formally be open to applications from 31 January 2021 – visa holders will be able to live, work and study without sponsorship
  • to avoid potential discrimination claims, UK employers should not insist that EEA nationals provide proof of their status under the EU Settlement Scheme until after 30 June 2021
  • it is expected that there will be a Statement of Changes announced in Spring, which amongst other things, will likely introduce the new “Graduate” visa route around Summer time – this seems to be similar in terms to the previous Tier 1 (Post Study Work) visa which was discontinued in 2012, and should allow graduates to work for up to 2 years under this proposed visa category, probably without sponsorship

First published: 22 January 2021

Further information

If you have any questions and/or would like tailored advice on any UK immigration matter, please speak to us at: hello@dixcartuk.com or to your usual Dixcart contact.


Back

The data contained within this document is for general information only. No responsibility can be accepted for inaccuracies. Readers are also advised that the law and practice may change from time to time. This document is provided for information purposes only and does not constitute accounting, legal or tax advice. Professional advice should be obtained before taking or refraining from any action as a result of the contents of this document.


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