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MAJOR IMMIGRATION CHANGES ANNOUNCED

The Government has published a controversial White Paper outlining plans for significant changes to the UK immigration system. These changes will impact skilled workers and their employers, overseas students and their family members and many applicants for Indefinite Leave to Remain.

The proposed changes are not yet law, and we have no dates for implementation.

We will post updates once we know more, but please do contact us if you have any questions or concerns.

NEW UKRAINE PERMISSION EXTENSION SCHEME TO OPEN ON 4TH FEBRUARY 2025

Ukraine nationals and their family members who are living in the UK with permission under one of the Ukraine schemes may be able to apply for a further 18 months of permission under a new scheme being introduced in February next year.

An application MUST be made before existing permission runs out and can be made no earlier than 28 days before it runs out.

Applications will be free of charge and must be made from inside the UK.

Once an application has been submitted an applicant should remain in the UK until a decision has been made as leaving the UK would withdraw it.

The guidance below contains lots of information about the scheme. Please contact us if you have questions or if you would like help in submitting an application.

Applying to the Ukraine Permission Extension scheme – GOV.UK

It has also been confirmed that time spent in the UK under one of the Ukraine schemes will not be counted in a later application to remain in the UK on the basis of long residence. It might be worth considering if there is another route, which might eventually lead to settlement, to switch into. Please do contact us for advice on possible options.

IMPORTANT NEWS IF YOU PLAN TO VISIT THE UK IN 2025-YOU MAY NEED TO APPLY FOR AN ELECTRONIC TRAVEL AUTHORISATION (AN ETA)

Nationals of “Visa National Countries” need a visit visa to visit the UK whilst those of some countries, including Bahrain, Saudi Arabia and The United Arab Emirates should generally apply for an Electronic Travel Authorisation before they visit.

Nationals of additional countries will require an ETA to visit if they plan to arrive on or after 8th January 2025. The expanded list of countries includes Argentina, Australia, Brazil, Canada, Hong Kong, Israel, Japan, Mexico, New Zealand, Peru and the USA. Applications can be made from 27th November 2024 and will cost £10.

Then, from 5th March 2025, further nationals including European nationals must apply for an ETA if planning to visit on or after 2nd April. Applications will be possible from 5th March 2025.

Once granted an ETA will last for two years or until the holder’s passport expires, whichever is sooner, though a visitor will only be able to remain in the UK for up to six months in any one visit.

Children and babies will need their own ETA.

More details can be seen at the link below.

Apply for an electronic travel authorisation (ETA) – GOV.UK (www.gov.uk)                                                                                                           

Please do contact us for any additional information or for assistance in making an application on info@jennyharveyimmigration.co.uk

REPLACEMENT OF BIOMETRIC RESIDENCE PERMITS – UKVI ACCOUNTS AND eVISAS

In line with the plans for a new digital immigration system, biometric residence permits are being replaced with an online record of immigration status. By the end of this year, all biometric residence permits will have expired and those needing to prove their right to enter the UK, to work and so on will do so using an eVisa.

In order to access an eVisa, a UKVI account will first need to be created and until recently only those people contacted by the Home Office could open their account.

As of 6th August 2024, anyone holding a biometric residence permit due to expire on 31st December 2024 will be able to create an account and access an eVisa. It is free of charge to do so and the below guidance explains how to go about it.

Online immigration status (eVisa) – GOV.UK (www.gov.uk)

Until the end of this year, those with biometric residence permits should continue to travel with them even after creating an online account.

For help in creating an account or if you have concerns about how this will work for you please contact us at info@jennyharveyimmigration.co.uk

THE END OF BRPS-NEW DIGITAL IMMIGRATION SYSTEM

Most BRPs now have an expiration date of 31st December 2024. This does not necessarily mean that the BRP holder’s permission to be in the UK will end on that date but is due to the fact that a new, on-line, immigration system is being introduced as explained in the guidance below.

Online immigration status (eVisa) – GOV.UK (www.gov.uk)

The Home Office is sending out e mails to people with BRPs and asking them to create a UKVI account.

Once an account has been created it should enable the account holder to sign in and to see their immigration status as well as being able to share the information with employers and landlords.

Passports must still be taken when travelling abroad and so should BRPs until the end of this year.

If you need help in creating an account or have questions on any aspect of the new system please do contact us on info@jennyharveyimmigration.co.uk

SIGNIFICANT RISE IN REQUIRED SALARIES FOR SPONSORED SKILLED WORKERS FROM 4th APRIL 2024

The general minimum salary rate will increase from £26,200 to £38,700 for those workers assigned a certificate of sponsorship (COS) after 4th April 2024.

People assigned a COS before that date will not need to be paid the new amount assuming they make their immigration application within three months of the assignment.

The £38,700 minimum will not apply to all skilled workers and discounts will apply, as previously, to “new entrants” including students and those who are under 26 years old, and those working in jobs on the “Immigration Salary List” which will replace the current “Shortage Occupation List.”f

Those already sponsored before 4th April 2024, will not need to be paid the full amount but will generally require a minimum salary of £29,000 when they come to extend their permission to live and work in the UK.

The new rules are complicated and we suggest that employers and workers take legal advice before submitting immigration applications. Please contact us at info@jennyharveyimmigration.co.uk for assistance with the above or with any other aspect of sponsored skilled work.

UKRAINE PERMISSION EXTENSION SCHEME ANNOUNCED

It has finally been confirmed that people granted permission to live in the UK under one of the three Ukraine Schemes (Homes for Ukraine, Ukraine Family Scheme, and Ukraine Extension Scheme) will be able to apply for further permission to live in the UK.

Unfortunately, this will only be for an additional 18 months (at this stage anyway) and does not provide for the permanent settlement that many had hoped for.

Applications will again be free of charge and it will be possible to apply within the last three months of existing permission to live in the UK.

Applications will open from early 2025.

Ukraine Permission Extension scheme information – GOV.UK (www.gov.uk)

Update to plans to increase the financial threshold – Family Route

We finally have a date for the first increase in the income requirement to meet when making a new application under the partner route.

From 11th April 2024, the income threshold will rise from the current £18600 to £29000. Further increases are planned but we don’t yet know when.

Extension applications will not be affected for applicants already in the UK and on the family route.

There has understandably been a lot of anxiety about these increased income requirements, particularly as most overseas applicants can not rely on a job offer in the UK but need their sponsor to be earning the relevant amount.

For advice on these changes or for any other aspect of making a visa application please do get in touch.

It is better to take advice in advance of an expensive application being submitted.

Visitors and remote work

In a welcome change for many visitors to the UK, it is now permitted to remotely undertake some activities linked to their overseas employment. Recent guidance (link below) gives examples of answering e-mails and phone calls and taking part in remote meetings.

Visit caseworker guidance (accessible) – GOV.UK (www.gov.uk)

However, coming to work in the UK should not be the primary purpose of a visit and consideration will be given to how long a visitor plans to stay here as a lengthy stay may not be consistent with having a job to go back to.

Please contact us for further guidance on this or any other aspect of visiting the UK. It is important not to inadvertently breach the Immigration Rules.

AMENDMENTS TO FINANCIAL THRESHOLD PLANS FOR THE FAMILY ROUTE

Having caused much anxiety with its 4th December announcement on a change to the financial threshold for family visas, the Government has amended its plans in a further announcement on 21st December 2023 and has published a ” Fact Sheet” – please see the link below.
The financial threshold will still increase in the ” spring ” of 2024, and we still have no clarity on what date this actually means.
However, rather than jumping straight to £38700, it will initially rise from the current £ 18,600 to £ 29,000. Later increases will take effect at as yet unknown dates, rising first to £34500 and eventually to £38700.
It’s fair to say that there remains a lot of confusion, but some welcome clarifications in yesterday’s “Fact Sheet” are:
Those people who were already granted family visas before the rise of the income threshold will not be expected to meet the higher threshold at the point of extension.
Those already granted a visa as a fiancé under current rules will not need to meet the higher threshold after marriage and when applying to switch in to spouse status.
There will no longer be an additional part to the financial threshold when children are accompanying an applicant on the family route.
We do not yet know how the cash savings alternative to meeting the route will be affected.
If you would like to discuss these changes, please e mail us on info@jennyharveyimmigration.co.uk