Immigration Monthly Update- April 2023

COVID testing for arrivals from China to the UK scrapped

Precautionary and temporary measures introduced in January to improve the UK’s ability to detect potential new variants of COVID from China have, since 17 March 2023, once again been dropped.

In addition, from 5 April 2023, people flying from mainland China to England will no longer require proof of a negative pre-departure test.

Construction- April 2023 Budget supports Construction industry with work visa concessions

In the spring budget, the Chancellor announced additional concessions to the Skilled Worker visa category to support the construction industry. The Shortage Occupation List will be broadened to enable visa sponsorship of five new construction roles:

• 5312: Bricklayers and masons
• 5313: Roofers, roof tilers and slaters
• 5315: Carpenters and joiners
• 5319: Construction and building trades not elsewhere classified.

This change aims to help the construction industry which is challenged with high levels of vacancies in a sector that had (pre-Brexit) previously been heavily reliant on EU national workers arriving in the UK under freedom of movement provisions. Whilst there is a discounted visa application fee for shortage occupation roles, other substantial visa charges continue to apply. Candidates will also still be required to satisfy the English language criteria in all four facets (speaking, reading, writing and listening) and meet the minimum salary criteria of at least £20.960 or £26,200 where the worker is an experienced hire.

Energy- End of Offshore Wind Workers Concession and new sponsor obligation requirements

The Home Office has announced that the Offshore Wind Workers Immigration Rules Concession will be coming to an end on 30 April 2023 and will not be extended any further.

This concession was first introduced in 2017 to allow employees who were involved in the construction or maintenance of offshore wind farm projects within UK territorial waters to work without requiring a UK work visa.

The impact of the closure of this concession means that all international employees currently working within this sector must leave the UK by 30 April 2023. Foreign nationals arriving straight into UK territorial waters for work are considered offshore workers and must now obtain permission to work in the UK prior to entry.

In addition, under The Immigration (Offshore Worker Notification and Exemption from Control (Amendment) Regulations 2023, from 12 April 2023, offshore workers must now report when they arrive in, and leave UK waters. Such notifications are required to be made within ten working days of the worker’s arrival. The notification requirement also applies to non-sponsored workers.

The onus of the notification requirement typically falls to the sponsor of the offshore worker, who must alert the Home Office of entry and exit dates of their overseas employees.

Agriculture- New concession for the Seasonal Worker visa route to support the agricultural sector

The UKVI has added a concession to the Season Worker visa immigration route.

The new concession now allows workers employed under this scheme to re-enter the UK within five months of leaving (previously this was six months) – enhancing the availability of workers to return to the UK to work.

There are also new salary requirements for the Skilled Worker visa route which are due to come into effect on 12 April.

For certificates of sponsorship issued after 12 April 2023:

• all workers must be paid at least £10.42 for each hour worked
• all workers sponsored in horticulture roles or in poultry production roles (other than those in occupation codes 5431 and 5433) must receive at least 32 hours paid employment each week
• poultry production workers sponsored under occupation code 5431(butchers) or 5433 (poultry dressers) must be paid at least £26,200 per annum.

New Innovator Founder route

On 13 April the Home Office launched a new visa route – ‘The Innovator Founder’ to replace the existing ‘Innovator’ visa route. This new iteration of this route is simplified as it:

• is limited to just three endorsing bodies that can provide backing to applicants 
• removes the £50,000 minimum investment financial threshold
• reduces the mandatory touch points for visa holders to have with their endorsing body to two.

The ability to undertake secondary employment is now also permitted – a welcome change to the route.

Update to the automatic acquisition of British citizenship by children of EU nationals

The Home Office has now amended its guidance on automatic acquisition of British citizenship following the case of R(on the application of Roehrig) v Secretary of State for the Home Department [2023] EWHC 31 (Admin) being heard in the High Court in January 2023, which cast doubt on the British citizenship of EU citizens.

This particular case determined whether an individual born in the UK to an EU citizen who was exercising free movement rights could automatically acquire British citizenship or not.

The updated guidance states:

“While the Home Office assesses recently identified legal issues, the policy for acquisition of citizenship by individuals born in the UK between 1 January 1983 and 1 October 2000 inclusive to EEA national parents has been suspended. However, if someone has already been recognised as a British citizen, for example through the issue of a British passport, we will continue to treat them as such.”

The judgment in this case may impact a significant amount of people who were born prior to 2 October 2000 as the Home Office has now effectively accepted that their approach in relation to those born prior to 2 October 2000 was incorrect and have thus announced that they have ‘paused’ this particular policy.

New settlement route for Hong Kong veterans

Hong Kong nationals who served in the British military before 1 July 1977 will soon be able to apply, along with their families, for indefinite leave to enter the UK under the Hong Kong Veterans Settlement Route, a new scheme which will be introduced by the UK Government in Autumn this year.

These individuals will also have the opportunity to obtain British citizenship, freely living and working in the UK.

Further information on this new route, including how to apply and what supporting documents are required, will be released closer to Autumn.

New endorsement process under the Scale-Up visa route

For companies sponsoring workers on the Scale-Up route, the process has been updated and now introduces a new “endorsing body pathway” which will be launched on 13 April 2023.

This pathway is for organisations who are unable to qualify under the standard pathway because their HMRC history is not long enough.

In order to be eligible, organisations must first obtain an endorsement from a Home Office approved endorsing body and will have to pay an additional fee to the endorsing body in order to obtain this endorsement.

The UKVI will be publishing further information on how to obtain an endorsement under this pathway in due course.

UKVCAS Flexible Day visa appointment pilot

There is good news for busy applicants who need to squeeze a visa appointment into a chaotic working week – UKVCAS is now trialling a Flexible Day appointment booking option which is available for purchase on their website.

The aim of this is to allow customers to arrive at the appointment centre at any point during the day (provided it is within the opening hours).

The pilot was launched on 27 March and is currently only available at centres in Birmingham, Bedford Point Croydon, Glasgow and Manchester.

Applicants who are interested in purchasing this will be able to view details of availability on the UKVCAS website during the biometric appointment booking process.

Updated visa decision waiting times for family applications

If you are currently waiting for a visa application decision, or you are thinking about applying for one soon, the expected waiting times have been updated for family route applications.

Applications submitted within the UK

• Up to eight months for visa applications submitted for ‘leave to remain as a partner, parent, or on the basis of your private life’.

Applications submitted outside the UK

• Up to nine months for family reunion visa applications.
• Up to 24 weeks if you are applying to settle in the UK as the spouse, partner or family member of someone who has British citizenship or is settled in the UK.

Applicants will need to factor these processing times into their planning in order to manage their expectations.