Immigration update – November 2024 

Government announces clampdown on non-compliant business sponsors 

 
Following the publication of the latest net-migration figures at the end of November 2024, which showed net-migration to the UK running at significantly higher levels than was previously reported, the Home Office are doubling down on efforts to root out non-compliant sponsors.  

Further details are yet to be published but the latest Home Office statement proposes that: 

• Non-compliant sponsors stripped of their immigration sponsor licences be subject to a mandatory cooling off period of two years (currently re-applications for a sponsor licence is prohibited for only one year) 

• that businesses put in place an action plan to improve their immigration compliance record will be increased from a current three-month process to a 12-month remediation process. 

Focus is also being placed on the exploitation of vulnerable workers. The Home Office statement reads: 

“prohibiting unprincipled companies from engaging in the unethical practice of charging skilled workers for the cost of sponsorship. These costs, which can be passed onto workers at grossly inflated levels, has led to the exploitation and unfair treatment of staff, particularly within the care sector, in some cases burdened with unsustainable levels of debt to their employers.”   

Further clarification on what is meant by this statement is urgently being sought. Currently, employers are not able to pass on the cost of the Certificate of Sponsorship or the Immigration Skills Charge to employees. All other visa/immigration costs including: 

• visa application fees 

• Immigration health surcharge 

• dependent family members 

• English tests  

• TB screening and  

• other priority services 

can be paid for by the employee, it is not clear from the announcement if it is intended that employers will have to absorb all of the above costs which could more than double immigration costs to hire any international employee. This would have major impacts for employers.  

Further updates on this will be provided when made available. 

Travel during the festive period 

If UK visa holders are traveling outside of the UK during the festive period, it is advised that the following steps have been undertaken:  

1. Ensure that they have set up a UKVI account and registered for an eVisa 

2. Check the eVisa is correct. 

Although it may seem rather obvious to check that the eVisa is correct, many individuals omit to update their passport details. For example: 

• If they first registered for the eVisa account using their BRP card, they need to switch over the ID document to their new passport. 

• If they have obtained a new passport or if their personal details have changed since they have set up their eVisa account.  

The above updates can be carried out in the following way: 

• An individual can ensure their immigration status is correct by using the view and prove your immigration status service – if your status is displaying incorrectly, report an error with your eVisa and ensure this is rectified before you travel. 

• Using the update your UKVI account details service to check: 

• the passport you will use for travel is linked to your account. This is because the Home Office database will link the travel document used to travel with the digital status held on their system 

• your personal details are correct. 

This is particularly important this year, as all biometric cards have an expiry date of 31 December 2024 and therefore, if an eVisa has not been set up before its expiry, there is likely to be a delay at the port when trying to re-enter the UK.  

If your eVisa has not been updated the Home Office may at their discretion accept the following alternative documents: 

• a share code from the view and prove your immigration status service, which you should keep a PDF copy or print out of, as you will require internet access to obtain a code 

• Viewing screen from your UKVI account  

• A physical document confirming your UK status or permission  

• A copy of the letter or email you received from the Home Office when your UK immigration status was granted 

For EU nationals holding a Certificate of Application with a pending Home Office decision, recent guidance issued in August 2024 advises against traveling out of the UK until the application process, including any appeal, is concluded. While travel was previously allowed, the updated policy requires individuals with urgent travel needs to provide additional evidence upon re-entry to the UK, demonstrating both the necessity of their travel and the grounds for being granted re-entry. 

Simplification of NTL applications  

Legacy document holders in the UK who have been granted settlement (also known as indefinite leave to remain (‘ILR’) are being encouraged to apply for a free ‘No Time Limit’ status. This application will allow individuals to create a UKVI account in order to access proof of their status in the UK digitally, which means that information regarding their status in the UK will be easily accessible.   

The good news is that earlier this month, the Home Office confirmed that the NTL application process has been streamlined for individuals with valid identity documents, who now only need to provide the following:  

• A copy of their document/passport showing their indefinite leave to remain (ILR) passport endorsement. 

• A copy of their passport or travel document showing their most recent entry to the UK. 

Individuals will still need to confirm in their application form that they have not spent more than two years outside the UK. However, they are no longer required to provide documentary evidence of their residency for each year that they have lived in the UK. This is a significant departure from the previous requirement to provide extensive evidence of UK residence and travel history. 

Applicants should, however, note that the Home Office does have the discretion to request additional information, should it be deemed necessary, whilst they are reviewing an individual’s application.  

Biometric residence permits no longer issued  

The Home Office is currently in the process of replacing physical immigration documents with an eVisa – part of their ‘Digital by Default’ initiative. The eVisa is a digital online record of an individual’s immigration status. This change will affect individuals who are currently in the UK or those who are seeking to enter the UK. 

The physical documents that are being replaced include biometric residence permits and biometric residence cards. It has been confirmed by the Home Office that new visa applicants will no longer be issued with a Biometric Residence Permit (BRP). 

BRP cards have now been replaced with a digital visa, and therefore individuals who hold a BRP card are required to use the following link: https://www.gov.uk/view-prove-immigration-status in order to apply for an eVvisa before 31December 2024, which is when the BRP cards are set to expire.  

Individuals that do not obtain an eVisa before 31 December 2024, will struggle to satisfactorily provide evidence of their immigration status to employers, landlords, banks etc. There is also a possibility that they may be refused entry into the UK without the correct updated online status registration. 

Changes to the Skilled Worker visa application forms  

Last month, the Home Office updated the application form to ask, ‘Did you provide your fingerprints for your most recent visa application?’, to which when anweriing ‘No’ i.e. because an individual used the UKVI ID App for their most recent application, they are automatically prompted to attend an in person biometric appointment.  

However, a welcome change is that the Home Office has now amended this question to state ‘Have you ever provided your fingerprints for a UK visa application?’, which when answering ‘Yes’ allows an individual to use the Home Office ID app to complete biometrics, offering a more streamlined biometric process.  

ETA registration goes live for all non-EU nationals 

On 27 November 2024, the Electronic Travel Authorisation (ETA) registration process opened for the following non-EU nationalities visitors travelling to the UK: 

• Antigua and Barbuda 

• Argentina 

• Australia 

• The Bahamas 

• Barbados 

• Belize 

• Botswana 

• Brazil 

• Brunei 

• Canada 

• Chile 

• Costa Rica 

• Grenada 

• Guatemala 

• Guyana 

• Hong Kong Special Administrative Region (including British national overseas) 

• Israel 

• Japan 

• Kiribati 

• Macao Special Administrative Region 

• Malaysia 

• Maldives 

• Marshall Islands 

• Mauritius 

• Mexico 

• Federated States of Micronesia 

• Nauru 

• New Zealand 

• Nicaragua 

• Palau 

• Panama 

• Papua New Guinea 

• Paraguay 

• Peru 

• Samoa 

• Seychelles 

• Singapore 

• Solomon Islands 

• South Korea 

• St Kitts and Nevis 

• St Lucia 

• St Vincent and the Grenadines 

• Taiwan (if you have a passport issued by Taiwan that includes in it the number of the identification card issued by the competent authority in Taiwan) 

• Tonga 

• Trinidad and Tobago 

• Tuvalu 

• United States 

• Uruguay 

All non-EU nationals arriving as visitors (including those listed from the above countries) into the UK on or after 8January 2025 must have completed the ETA security clearance process. This is neither a tourist tax nor a visa. The cost is £10, and the ETA clearance will be valid for unlimited trips to the UK for a two-year period or in line with the passport validity (whichever is the shorter).  

Businesses should advise any visitors to the UK that this will be necessary, and we recommend applying at least one week prior to the planned date of travel to avoid disruption. 

Colombia nationals now need Visit visas for the UK 

Following a spike in asylum applications received from Colombian nationals, effective from 1500 on 26 November 2024 a Visit visa will be required to be obtained prior to travel to the UK.  

Visit visas typically take four to six weeks to obtain, so they need to be applied for early to avoid disruption to planned visits/schedules.Colombia has announced that they’ll also introduce a reciprocal requirement for UK visitors to Colombia. 

Ukraine Permission Extension scheme 

On 9 February 2025 the Ukraine Permission Extension scheme will open for applications. Those already in the UK with a UK scheme visa will be permitted to apply for a further 18-month extension to remain in the UK. 

It is however to be noted that time spent in the UK under a Ukraine scheme visa does not count towards a future permanent residence application (even under the 10 yearlong residence route). Those wishing to remain in the UK permanently may wish to change their immigration permission, for example, seeking visa sponsorship via their employer under the Skilled Worker route instead.