Home Office continues digitalisation of the UK’s immigration system
The Home Office has been working for a number of years now towards making the UK’s visa application system fit for the future. This includes moving away from physical visa documents like passport vignettes and Biometric Residence Permits (BRPs), and instead providing every migrant with their own specific digital, online UK immigration account.
It is expected that visa applicants (from outside the UK) later this year will only be issued with a so-called eVisa. All those already in the UK holding a physical BRP will need to ensure they set up an online account as soon as possible, and in any case no later than the expiry date of their current BRP, which will, in many cases, be 31 December 2024. The Home Office will have contacted many of these visa holders already either by email or SMS inviting them to go online and register for an eVisa account. Even if no invitation has been sent, the Home Office is now encouraging all BRP holders to set up an online account.
Those who have recently extended their visa under the Skilled Worker route, made an entry clearance application and are EU nationals, or applied to the EU Settlement Scheme in the past may already have set up an online account, in which case they will not need to set up another one.
The eVisa will become important for UK visa holders once their BRPs have expired so they can continue to travel, prove their right to work and rent, open bank accounts, etc. Migrants who do not have a BRP, but instead hold an older paper document, have been advised by the Home Office to make a so-called ‘No Time Limit (NTL)’ application to obtain a BRP, and then set up the online account with this new BRP. The Home Office has indicated that it may change this process later in the year but is still strongly advising applicants with old documents to make an NTL application as soon as possible.
Once the account has been set up with the BRP the visa holder has to register their passport as well to ensure smooth travel in and out of the UK. The registered passport should be kept updated at all times.
Some may also seek this opportunity to explore if they can apply to naturalise as British citizens as this would obviate the need to make an NTL application and set up an online account. Checks should be made that their home country permits dual nationality
Whilst there is no obligation on employers to take any action they may wish to bring this to their employees’ attention via an international communication, especially for those that are required to travel internationally as part of their role. Help can be found on the government website. Please note that setting up an online account will not replace any extension application a visa holder must make before their visa expires.
UK ETA Scheme expanding from November 2024
The UK started to introduce its Electronic Travel Authorisation (ETA) Scheme last year. The Scheme is very similar to the US Electronic System for Travel Authorisation, more commonly known as ESTA.
ETA is a pre-travel security clearance (not a visa and not a tourist tax).
The UK ETA scheme applies to visitors who, until now, did not have to apply for a physical UK visit or transit visa before coming to the UK (so-called ‘non-visa nationals’).
Travellers relying on the Creative Worker visa concession also have to apply for an ETA. Any national who cannot find their country on the list of ETA eligible countries below must apply for the appropriate visa before travel.
The scheme currently only applies to a small number of nationalities (Quatar, Bahrain, Kuwait, Oman, Saudi Arabia, United Arab Emirates). However, by April 2025 nationals of all countries not already caught by the requirement to obtain a visa before travel will need to obtain an ETA before coming to the UK or transiting through a UK port.
From 27 November 2024 the following nationals will need to obtain an ETA for travel to the UK on or after 8 January 2025.
Antigua and Barbuda | Guatemala | Nauru | Singapore |
Argentina | Gyana | New Zealand | Solomon Islands |
Australia | Hong Kong | Nicaragua | South Korea |
Barbados | Israel | Palau | Taiwan |
Belize | Japan | Panama | The Bahamas |
Botswana | Kiribati | Papua New Guinea | Tonga |
Brazil | Macao | Paraguay | Trinidad and Tobago |
Brunei | Malaysia | Peru | Tuvalu |
Canada | Maldives | St Kitts and Nevis | USA |
Chile | Marshall Islands | St Lucia | Uruguay |
Colombia | Mauritius | St Vincent and the Grenadines | |
Costa Rica | Mexico | Samoa | |
Grenada | Micronesia | Seychelles |
From 5 March 2025 the following remaining nationals will need to obtain an ETA for travel to the UK on or after 2 April 2024.
Andorra | Finland | Lithuania | San Marino |
Austria | France | Luxembourg | Slovakia |
Belgium | Germany | Malta | Slovenia |
Bulgaria | Greece | Monaco | Spain |
Croatia | Hungary | Netherlands | Sweden |
Cyprus | Iceland | Norway | Switzerland |
Czechia | Italy | Poland | Vatican City |
Denmark | Latvia | Portugal | |
Estonia | Liechtenstein | Romania |
This is notable as it has accelerated the timetable for the ETA implementation. Previously the ETA roll out was being timed with the EU’s ETIAS launch but this has been struck by significant delays.
The scheme requires travellers to apply for security clearance to come to the UK before they set off on their travels. This includes children of any age. The ETA Scheme does not apply to British or Irish nationals, or those who were required to apply for a visit, work or family visa before travelling, or those already holding a UK visa and are travelling in and out of the UK.
It is advisable to apply for the ETA in good time before travel is required. The application can be made online and costs £10 for a two-year permission (or is granted in line with the passport validity dates, whichever is the shorter). Most applications will take up to three working days to be processed but can take significantly longer if there are any complicating factors (such as criminal convictions, previous immigration non-compliance, etc.). If an ETA is refused the traveller must submit a full visa application and wait for approval before coming to the UK.
The ETA holder must travel to the UK with the passport they used to apply. It is important to understand that obtaining an ETA only permits the holder to travel to the UK, it remains at the discretion of the UK Border Force whether the ETA holder will be admitted to the UK.
Additionally, the ETA is not a visa and therefore travellers are still limited in the permitted activities they can undertake whilst in the UK whilst entering with ETA clearance and the duration of stay is also limited to six months as a visitor as standard.
It is important for employers to start planning the ETA process into any business travel planned from 8 January 2025 (if employees are not already required to obtain an ETA before travel). It should be decided if employees are responsible for this process or if obtaining an ETA will be supported by the business and/or with the assistance of immigration service providers. Employers may wish to consider issuing a firm wide communication to staff to advise them of the changing travel requirements to help ensure compliance and avoid any unnecessary disruption.
Jordan added to list of countries whose nationals need a UK visa
Until recently Jordanian nationals were considered ‘non-visa nationals’, so were not required to obtain a physical visit or transit visa to come to the UK – though they had been required to apply for an ETA (see above).
However, on 10 September 2024 they lost their status as non-visa nationals and are now required to make full visit or transit visa applications before travelling to the UK. The UK authorities have provided transitional provisions, which allow Jordanian nationals who already hold a current ETA and booked their travel before 3pm on 10 September 2024 to come to the UK without having to obtain visa provided they arrive in the UK by 3pm on 8 October 2024. Bookings made after 3pm on 10 September 2024 where entry to the UK is moved forward to 8 October 2024 will not be accepted.
As with the wider introduction of the UK ETA Scheme, employers need to ensure they review travel arrangements for any Jordanian business travellers so that they will not be prevented from entering the country when they arrive at a UK port.
European Union’s Entry and Exit Scheme and European Travel Information and Authorisation System update
We have previously reported on the fact that the European Union (EU) is introducing two separate but interconnected schemes that will affect non-EU citizens travelling to most EU countries:
- The EU Entry/Exit System (EES), an automated system for registering travellers from the UK and other non-EU countries each time they cross an EU external border.
- The European Travel Information and Authorisation System (ETIAS), a travel authorisation to enter the EU for citizens of non-EU countries that currently do not require a visa to enter the EU.
The introduction of the ESS has been pushed back several times. It is now expected to go live on 10 November 2024. Travellers will need to scan their passports or other travel documents at a self-service kiosk before they cross any EU border. This will replace the current manual stamping of passports. The ESS will keep track of the length of time each visitor spends in the EU.
The ESS will cover the 25 EU member states (with the exception of Cyprus and Ireland) and four non-EU countries (Iceland, Liechtenstein, Norway and Switzerland) which are part of the Schengen area. The EES is administered at the border, so no advance application to the system is required before travel.
Like the EES, ETIAS has suffered a number of delays to its launch over the last few years and is now likely to come into force in May 2025. ETIAS will apply to British and other non-EU/non-Schengen country citizens travelling to all EU member states for up to 90 days, with the exception of Ireland. It will also apply for travel to the four non-EU countries set out above. Travellers are required to apply to ETIAS before they travel.
The ETIAS authorisation will last for three years (after which it will need to be renewed), or until the holder’s passport expires (whichever is sooner). It will cost €7 for visitors aged 18 to 70. It will be free for under-18s and over-70s.
UK nationals and their family members who have the rights to reside in the EU because they were resident in an EU member state at the end of the Brexit transition period on 31 December 2020 are exempt from ETIAS. They can travel to other EU/Schengen countries without an ETIAS authorisation as long as they hold documents proving their status.
As with the UK’s ETA, employers need to factor these requirements into travel arrangements for their employees as approval may not be instant and can take up to 30 days in certain circumstances. The EU’s enforcement of the rule that non-EU nationals can only spend up to 90 days in any rolling 180 will also become much stricter, so travellers need to ensure they keep clear and comprehensive records of their travel into the EU.
No further increases to Family visa salary threshold for the moment
Until April 2024 the minimum income requirement for a Family visa was £18,600. It was then increased to £29,000 by the Conservative Government, with confirmation that it would continue to increase to £38,700 by the end of 2025. The new Labour Government has now confirmed that it will pause the increase until the Migration Advisory Committee (MAC) has reviewed the UK Immigration Rules regarding Family visas and has provided its recommendations.
There are various ways an applicant can show that they can maintain themselves in the UK without recourse to public funds. One of these ways pertains to their partner’s income (on entry clearance) or the applicant’s income/the combined income of the applicant and their partner (on extension).
Anyone who entered this route before 11 April 2024 and wants to rely on salary to show they meet the financial requirement will be able to rely on the old salary threshold of £18,600. Anyone who applies for their first family visa after 11 April 2024 will need to meet the higher £29,000 threshold (bar some specific exemptions).
The pause in the increase will provide some breathing space for families who would like to come to the UK to live and would like to rely on salary payments to prove they meet the financial requirement.
Shorter processing times for family entry clearance visas
The UK authorities recently announced that they have significantly reduced the processing times for marriage and family entry clearance visas from 120 working days to 60 working days.
This will be beneficial to businesses who support employees applying in this visa category, as well as individuals who are dealing with their visa applications independently.
It has often caused difficulty in the logistics of moving a family to the UK when the spouse of a British citizen or a person with Indefinite Leave to Remain in the UK had to wait four to six months to have their visa approved. Receiving a decision in two months is a welcome change to the processing times for these particular visas and should make it easier for everyone to plan a smooth and timely visit or move to the UK.
The Migration Advisory Committee (MAC) reviews IT and engineering sector
The Home Office has asked the MAC to review the UK’s IT and engineering sectors and their reliance on international recruitment in order to be able to decrease this reliance in the future.
The UK’s Labour Government has said it is keen to reduce the current level of migration to the UK, while at the same time addressing any skills shortages in various sectors across the UK’s economy to achieve this goal.
There are a number of different industries the Government is expected to ask the MAC to look at in more detail, with IT and engineering being the first.
The MAC is hoping to shed some light on the roles which cannot be filled from the UK labour market, why that is (i.e. lack of training, low pay, etc.) and what businesses are doing to counteract this problem other than falling back on recruitment from outside of the UK.
The MAC report is expected to be published in spring/summer 2025. It is likely that the MAC will seek feedback from businesses operating in the industry and then present its findings and recommendations to the Home Office. It is then down to the Home Office which ones it wishes to implement (if any).
Employers should try to feed into the report where possible to ensure the MAC understands the organisational constraints businesses have to work with to avoid finding themselves having to navigate an immigration system that could make it harder/more expensive to fill their vacancies from overseas in the future.
The content of this article is for general information only. It is not, and should not be taken as, legal advice. If you require any further information in relation to this article please contact the author in the first instance. Law covered as at September 2024.