What are the New Measures?

In a landmark development heralding the most significant alteration in civil penalties since 2014, a substantial increase in fines awaits employers and landlords found guilty of employing unauthorised migrants or renting out properties to them.

Suella Braverman, the Home Secretary, has officially announced a comprehensive escalation in penalties imposed on employers. The fine for first-time offences, involving illegal workers, will surge to a maximum of £45,000, marking a threefold increase from the prior £15,000. Similarly, repeat breaches will now incur penalties of up to £60,000, a significant escalation from the previous £20,000 fine.

Recent Penalties

From 2018 until July 2023, nearly 5,000 civil penalties have been administered to employers, resulting in a cumulative level of fines of £88.4 million. Simultaneously, landlords have faced over 320 civil penalties, totalling £215,500 in fines, during the same timeframe.

Additional Potential Measures

In the upcoming months, the Home Office intends to embark on a consultation process to explore strategies for enforcing measures against licensed businesses that engage in the employment of unauthorised workers.

The Minister for Immigration, Robert Jenrick, emphasised, “There exists no justifiable excuse for neglecting proper verifications, and those found in contravention will now encounter substantially more severe penalties.”

Authentication Process

Employers are already obligated to meticulously validate the eligibility of their workforce. The methodologies for such verifications remain unchanged, encompassing manual scrutiny of original documentation and utilisation of the Home Office’s online authentication system, which takes a mere five minutes and is accessible through the official GOV.UK website.

The Negatives of Undocumented Employment in the UK

Undocumented employment and residency have emerged as prominent attractions for migrants undertaking perilous crossings over the Channel. Robert Jenrick emphasised that traffickers frequently exploit the prospect of employment and housing to lure individuals into embarking on these journeys.

Engaging in the employment of unauthorised migrants not only undermines ethical employers but also exposes vulnerable individuals to exploitation, deprives legitimate job seekers of opportunities, and defrauds the public coffers due to evasion of tax obligations, Mr. Jenrick concluded.

Advice and Additional Information

If you would like to discuss this topic in more detail or need any assistance with your obligations as an employee or a landlord, please contact Paul Webb, at the Dixcart office in the UK: hello@dixcartuk.com

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.

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.

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.

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.

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
• Information costs for individuals
  • Applications to the Home Office
  • Appeals to the First-tier Tribunal (Immigration and Asylum Chamber)
• Range in our legal costs
• 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
  • For appeals to the First-tier Tribunal (Immigration and Asylum Chamber).
• Timeframes
  • For applications to the Home Office
  • For appeals to the First-tier Tribunal (Immigration and Asylum Chamber)
• Excluded costs (including information about likely third party mandatory costs)
• Excluded services (which will attract additional costs)

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 consultation	Time	Legal costs (exclusive of VAT)
Initial/ general	Up to 30 minutes	Free
Tailored	Up to 1 hour	£250

Applications to the Home Office

Type of application	Average time to complete work	Average 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) visa	40 – 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”) visa	30 – 45 hours	£6,600 to £9,900
UK Ancestry	6 – 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 citizen	10 – 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 work	Average legal costs (exclusive of VAT)
Lodging appeal notice, preparing for and representing you at your full hearing	25 – 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:

• Applications submitted OUTSIDE the UK, offered at the visa application centre
• Applications submitted INSIDE the UK offered by Sopra Steria

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

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 category	Minimum residence period in the UK
Tier 1 (Investor) – £5 million investment	3 years
Tier 1 (Investor) – £10 million investment	2 years
Innovator	3 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.

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:

• the Home Office is considering making the immigration system “digital by default” in the future, and has already started this in some visa categories
• in line with this, in the future, migrants may be able re-use biometrics they have previously enrolled rather than enrolling new biometrics with each new application
• the recent decision in Mohammad v Secretary of State for the Home Department [2021] EWHC 240 (Admin) where the Home Secretary Priti Patel has been threatened with contempt of court proceedings – not a first as former Home Secretary Amber Rudd was found to be in contempt of court in 2017, and before her, former Home Secretary Theresa May in 2012
• the recent decision in R v Secretary of State for the Home Department [2021] EWHC 242 (Admin) where the court explained that ILR cannot be cancelled but can be revoked
• the recent decision in Shaban Binaku v Secretary of State for the Home Department [2021] UKUT 34 (IAC) where the court effectively says that the Immigration Rules can be ignored when it comes to deportation
• the recent decision in Project for the Registration of Children as British citizens v Secretary of State for the Home Department [2021] EWCA Civ 193 where the £1,012 child citizenship fee has been found to be unlawful

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.