Summer 2023 Changes to UK Immigration Rules
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.
Immigration News
New UK Visa Fees Set for 4th October 2023
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.
Striking Vipers – How Industrial Action Can Poison Your Immigration Application
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.
Top Marks for the Court of Appeal in AAA? The Rwanda Judgment in Brief
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.
Changes to Governing Body Endorsement (GBE) Criteria for the Women’s Game
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.
The UK’s Electronic Travel Authorisation (ETA) Scheme – Your Questions Answered
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 Governing Body Endorsements for International Footballers
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.
Innovator Founder Visa – A Five Minute Explainer
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.
Do sponsored workers have job security?
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-Australia Free Trade Agreement – Changes to Visa Rules
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
Key Updates to Sponsor Licence Duties and Compliance
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.
Don’t Make Me Wait – UK Visa Processing Times
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.
Use It Or Lose It – Underused UK Visa Routes
The Skilled Worker route is becoming a popular choice for migrant workers in post-Brexit UK now that European citizens are…
Sponsor Licence: What Supporting Documents Do You Need?
Obtaining a sponsor licence enables your organisation to sponsor migrant workers or students in the UK. The Home Office will…
How the UK has failed the people of Afghanistan
In the wake of the Taliban takeover of Afghanistan, the world needed to react fast. By summer 2021, British forces…
Immigration Skills Charge
Immigration Skills Charge What is the ISC? The Immigration Skills Charge (ISC) has been somewhat controversial since its introduction on…
Replacing a Biometric Residence Permit
Replacing a Biometric Residence Permit What is a BRP? A Biometric Residence Permit (BRP) is a document provided to people…
New Statement of Changes to Immigration Rules
A new Statement of Changes to Immigration Rules was released on 09 March 2023. Most updates will come into force…
Illegal Migration Bill – A Five Minute Explainer
I’ve seen a lot of legislation in my more than 25 years practising in the immigration and asylum field, but…
UK-India Young Professionals Scheme
Almost two years ago (!), on 04 May 2021, the UK government announced that the UK and India had signed…
The Rwandan Plan – a step in the right / wrong direction (delete as applicable)
The brainchild of Priti Patel and the subject of Suella Braverman’s dreams, the Rwandan Plan has been declared lawful (sort…
Guns For Hire – Can a sponsored worker be contracted out to a third party?
A company that holds a Home Office sponsor licence to employ migrant workers would usually only be permitted to sponsor…
Naturalisation applications by EU citizens and their family
For those who have obtained settlement (indefinite leave to remain) in the UK, the next stage is often to naturalise…
Explainer: The FA’s policy on English clubs wishing to sign international footballers
Recruiting international footballers
Apart from British & Irish footballers, and footballers from other nationalities who have been granted settlement in the UK, professionals (including EEA nationals) who wish to play for a professional football club in the UK will be required to apply for an International Sportsperson visa.