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The Private Life immigration route was introduced along with many other changes to the rules in July 2012 to implement the government’s view of its obligations under Article 8 ECHR. These rules have been amended several times since then, often in response to judicial findings and particularly in relation to children and young adults, by which we mean those under 18, and those aged between 18 and 24.
The UK is an attractive market for many businesses and entrepreneurs, in part because it offers a range of immigration options to allow overseas business representatives to come here to live and work. Those who want to come to the UK to do business will generally need a visa, and while the wealth of options means you have a better chance of securing the right visa, it can also make it difficult to determine which one you need and how exactly to get it.
The UK Global Talent visa is one of several visa routes that allow for people with specialist skills or knowledge in a particular sector to come to the UK to work. It is designed to attract talented and promising individuals in the science, technology and arts sectors. If you wish to move to the UK and work in a relevant field, the Global Talent visa may be the right option for you.
In a wide-ranging Statement of Changes to Immigration Rules published yesterday, 14 March 2024, the government set out new salary thresholds for sponsored workers which will come into effect from 4 April. The changes also confirm increased financial requirements for partners of British citizens, and various other amendments, for example to long residence applications. Here we summarise the key changes, for sponsors and partners.
Working in a politically-charged area of law like immigration can be challenging. Clients crave certainty, which is not something an immigration lawyer can easily offer. They value predictability, which is not an obvious feature of UK government policy in this area. Since late 2023 we have seen a wave of announcements and changes, mainly in the managed or economic migration arena.
In this article we take a look at common mistakes which may result in refusal of a sponsor licence application – something which can in some instances freeze your business out of sponsorship for 12 months.
The UK's Global Talent visa route is for those who have exceptional talent, or who have the potential to thrive in the fields of science, engineering, humanities, social science, medicine, digital technology, architecture, fashion design, film & television, or arts & culture. Learn what is needed to apply for this Global Talent Visa.
The Home Secretary has announced a series of changes to UK Immigration Rules which will radically alter the landscape for sponsored skilled workers, and for British citizens and UK residents with partners from overseas. In news largely overshadowed by the announcements on sponsored workers, British citizens and those permanently resident in the UK will now have to meet a much higher salary requirement if they want to bring their foreign partners and children to the UK.
We are seeing an increasing number of companies applying for a Home Office sponsor licence to sponsor and employ migrant workers from both EU and non-EU countries. At the end of 2023’s first quarter, the number of organisations on the UK’s register of work sponsors reached 61,153 compared with 41,621 at the end of the Q1 2022, a staggering increase of over 20,000 organisations registered as sponsors for migrant workers in just 12 months.
Supreme Court puts a stop to UK government's Rwanda removal plan
Over the summer, Statement of Changes HC1493 introduced a wide range of updates to the UK’s Immigration Rules. Here we’ve created an A-Z guide to the changes and when they took effect.
UK government visa fees of between 15-20% coming into force from 4 October 2023 across almost all immigration categories, and for priority and super-priority services.
Applicants applying for entry clearance or leave to remain as a partner on the 5-year route under Appendix FM must be able to meet a financial requirement. The most common way of doing this is through the minimum income requirement, usually the partner's salary, which can be compromised by strike action.
On 29 June 2023 the Court of Appeal issued its decision in the case of AAA v SSHD [2023] EWCA Civ 745. 10 appellants and Asylum Aid had been given permission to argue 22 grounds of appeal against a decision of the High Court. Ultimately, in a 161-page decision, the Court of Appeal found that the Government’s plans to remove asylum seekers to Rwanda where they will have their cases decided is unlawful as the Rwandan Government cannot safely administer this plan.
Prior to the commencement of the new 2023/2024 Women’s Super League (WSL) and the Women’s Championship seasons, the FA has made a few significant changes to the Governing Body Endorsement (GBE) criteria for the women’s game.
Changes to the GBE requirement
Increase of league bandings from two to three
While the main GBE points criteria will remain in place for overseas players hoping to come and play in the WSL or the Women’s Championship, the FA have introduced a third domestic league banding. The introduction of a third domestic league banding could essentially help young overseas players who haven’t played in either of the top two banding leagues in obtaining the required 24 points to meet the GBE criteria.
2023 will see the introduction of the UK’s Electronic Authorisation (ETA) scheme. The scheme was announced in February 2022, when the UK government issued a policy paper confirming that:
‘As part of our transformation of the border and immigration system, we are introducing a universal ‘permission to travel’ requirement, which will require everyone wishing to travel to the UK (except British and Irish citizens) to seek permission in advance of travel.’
In order to request permission to travel, individuals will need to apply through the ETA scheme, which is similar to the systems already used by the USA, Canada, Australia and New Zealand. The government is hoping that the scheme will ‘give the UK more control of our borders’.
Changes to the GBE requirement:
While the main GBE points criteria will remain in place for the majority of overseas players hoping to come and play in the Premier League and the English Football Leagues (EFL), the FA has introduced a new solution which has been approved by the Home Office, allowing English clubs to sign players who fail to meet the required points for an GBE endorsement. A solution which I’m sure will be welcomed by English clubs.
The Innovator Founder visa is a hybrid of the now defunct Innovator and Start-up Visas. It is now the only route for foreign entrepreneurs to enter the UK to establish a new business. It is also available to those who have significantly contributed to an existing business.
Sponsored workers who have a time limited right to work in the UK can invariably be concerned about their job security. Whilst employers have strict obligations to prevent illegal working by carrying out right to work checks and ensuring that their employees have the appropriate permissions to remain and work in the UK, sponsored workers are covered by the usual employment law rights that apply to non-sponsored employees.
The UK’s first post-Brexit trade deal, the UK–Australia Free Trade Agreement (FTA) (The Agreement), came into force on 31 May 2023. Whilst the key purpose of this agreement is to facilitate trade between the two Commonwealth nations, there are some implications for UK-inbound migration. The two areas of impact are:
1. The Youth Mobility Scheme
2. The Global Business Mobility Route
On 31 March 2023, the Home Office updated their Workers and Temporary Workers Guidance in relation to sponsor duties and compliance. We look here at the key changes which came into force from 12 April 2023.
Whether it’s backlog from the COVID-19 pandemic, lack of staffing or priority services taking precedence, delays seem to be an inevitable fact for most applications to UK Visa and Immigration (UKVI).
To provide some clarity on how long a visa applicant can realistically be expected to wait for a decision, we’ve laid out the wait times provided by the Home Office and compared those with our actual experience. We conducted our research in May 2023, and obviously things can change, so check in with our team if you need updated advice.
The Skilled Worker route is becoming a popular choice for migrant workers in post-Brexit UK now that European citizens are…
Obtaining a sponsor licence enables your organisation to sponsor migrant workers or students in the UK. The Home Office will…