Resumption of priority services for new entry clearance family settlement applications
After many months of priority services being suspended for all entry clearance (out of country) applications made under the family route, the UKVI has finally announced the priority services will resume for all NEW family visa applications submitted from 20th February 2023.
For individuals applying for a visa on the basis of their relationship with a British national (or person with permanent residence status) i.e. spouse/cohabiting partner/child or overage dependent relatives, this announcement finally brings good news after many were left waiting upwards of six months for applications to be processed and to be reunited with their loved ones.
A 30 working day processing timeframe has been provided for all new applications submitted, via the priority service, after 20th February 2023.
Applicants who do not wish to utilise the priority service can still submit their applications via the standard route after 20th February, however processing times will continue to be up to 24 weeks. The UKVI has confirmed that 60 working day SLA's for standard service applications should resume from 3rd April 2023.
It is important to note that processing times are subject to change and are never guaranteed.
The Home Office has not yet confirmed if, following this announcement, they will cease contacting those with submitted applications prior to 20th February to offer the opportunity to retrospectively upgrade their applications. Previously, those being contacted to retrospectively upgrade applications to a priority service were being processed within 15 working days.
The new priority service effective from 20th September is therefore a mid-level service offering.
Tech Nation to close its doors at the end of March 2023
Tech Nation has been forced to close its doors at the end of March 2023 after a decade as a government-backed organisation, as a result of the Government pulling key funding. This leaves the Global Talent visa route subject to some uncertainty as to the full extent of its continued operation.
Without this key funding, Tech Nation is unable to fund its accelerators, reports or visa programme as it operates as a non-profit organisation.
Currently, the Home Office has not found a new endorsing body for the digital technology sector. As a result, applicants for Global Talent who need an endorsement are encouraged to apply promptly.
The Home Office is currently working closely with Tech Nation to ensure the continuity of the Global Talent tech visa in the short term, while exploring long-term changes. However, the lack of a plan for the continuity of the visa program or a successor to Tech Nation being announced is seen as short-sighted, particularly when the UK is short on tech talent, and the economy is under stress. The UK tech sector has been growing at a rate of around 7% a year, faster than the UK economy, and it is now estimated to support around three million jobs. In light of increasing competition among countries for talent and investment, any immigration policy that makes it more difficult and expensive to access necessary talent will be a significant turn-off to founders and investors.
Those who are currently in the UK on Global Talent Visas with visa endorsements by Tech Nation should follow the developments carefully and take appropriate action. Those who require endorsement are advised to apply as soon as possible.
A statement released by Tech Nation has indicated that it will continue to accept endorsement applications for the time being, and anyone holding an endorsement can continue to apply under the Global Talent route for their visa.
Further announcements are expected in due course.
Seasonal Worker visas for the Agricultural sector
One of only five Home Office approved sponsoring agents for Seasonal Worker visas to the UK have lost their operating licence. AG Recruitment was recently stripped of its sponsorship licence by the Home Office due to the visa holders owing debts to Indonesian recruitment agents – something AG Recruitment denies any knowledge of. More than 1,450 Indonesian nationals came to the UK under the seasonal worker scheme to pick fruit on British farms and support the British food supply chain.
Farms and business now recruiting seasonal workers will need to work with one of the other four approved sponsoring companies to secure international workers.
In addition to concerns regarding employment agency fees, a number of seasonal work visa holders cited concerns that they were being contracted to work insufficient hours – following review, the Government has now committed that all Seasonal Work visa holders will be guaranteed 32 hours a week of paid work and the living wage. This was confirmed by the Minister for Farming Mark Spencer, and welcomed by industry stakeholders that see this as a key step in reducing potential exploitation.
India Young Professional Scheme goes live
A new visa route enabling Indian nationals aged 18-30 to live and work in the UK for up to two years (without visa sponsorship) goes live from 28th February. The ballot will be open for applications to be made from 28th February – 2 March.
To be eligible for the visa, applicants must:
- be an Indian citizen
- be between 18 and 30 years old
- have an eligible qualification
- have £2,530 in savings
Entries to the ballot will be picked at random and 2,400 visas are expected to be available in the February ballot.
If selected, applicants will have 30 days to file their UK visa applications.
Applications to the ballot are free of charge and the subsequent visa application (if successful) will cost £259.
This offers businesses a great new alternative route to access skilled individuals to join their workforce without the cost or bureaucracy of sponsorship. This also offers individuals that are entrepreneurial to be self-employed in the UK – one of few UK visa routes that allows this.
UK ETA visitor travel registration scheme delayed
The UK is working towards the launch of its Electronic Travel Authorisation (ETA) system – like the US ESTA system, this would require ALL visitors to the UK to register and undergo security screening prior to travel to the UK. All nationalities including EU nationals entering the UK as visitors for any purpose (including business travel and holidays) will in due course be required to register and receive a clearance to travel confirmation before boarding their mode of transport to arrive in the UK.
This mirrors the work the EU is doing to introduce two of its own schemes:
(1); The EU Entry/Exist system (EES) – this is an automated system for registering travellers from the UK and other non-EU countries each time they cross an EU external border; and
(2) The ETIAS traveller registration scheme (The European Travel Information and Authorisation System) – this will be for non-EU national arrivals into the EU that can enter without need to obtain a visa in advance of travel.
The two systems will be inter-connected.
The EES will require travellers to scan their passports/travel documents at an automated self-service kiosk prior to crossing the border (like the UK's e-gates on arrival).
Travellers are expected to be required to register their biometric data (fingerprints and facial image) and pay a fee to enable their registration for a three year period.
The introduction of these respective traveller schemes had originally been expected to be introduced in 2022 but remain in test phases and are now not expected to be live until ‘late' 2023 at the earliest. The new checks are expected to enable better immigration compliance e.g. with the limitation on the number of days travellers spend in the Schengen area.
The UK Government has indicated that the British ETA scheme will provide “individuals, and carriers, with more assurance at an earlier point in time about their ability to travel to the UK”.
Practically what does this mean for me?
- The ETA/EES/ETIAS are not visas but the process will entail completion of an application form and payment of a nominal fee prior to arrival.
- Applicants are expected to be required to apply at least 72 hours prior to departure
- Failure to register could result in a fine or refusal of entry.
High Court case casts doubt on British citizenship granted to children of EU citizens
On 20th January 2023, a new High Court case decision was made that casts doubt on the British nationality status granted to some children of EU nationals who were born in the UK between 2 October 2000 and April 2006.
Under the British Nationality Act 1981, children born in the UK after 1 Jan 1983 are deemed automatically to be British if at the time of their birth at least one parent was either British or ‘Settled'. (‘Settled' meaning that there is no time restriction on the person's right to remain in the UK).
Pre 2 October 2000, the Home Office took the view that any EU national exercising free movement treaty rights would be deemed to be ‘settled'. However, after this time when the EEA Regulations 2000 came in to force – the Home Office instead took a view that EU citizens would only be deemed as ‘Settled' if they had acquired permanent residence/indefinite leave to remain (‘ILR') status by way of formal application. However many didn't proceed to make the application as it wasn't practically necessary to remain living and working in the UK.
From 2006 to 2020, the Citizens Directive was in force meaning that an EU citizen living and working in an EU country for five years automatically acquired permanent settlement (without having to make a formal application to document the same), however prior to this date there was no explicit provision to confirm this in either EU or UK law.
This therefore will leave a significant number of British born children in limbo.
This recent court case has found that inadequate provision in British law to confirm that, by definition, ‘settled' included EU nationals exercising their free movement treaty rights, means that UK children born to EU parents between 2 October 2000 and 29 April 2006, were not in fact British nationals by birth unless that parent had applied for and been granted ILR.
It is highly anticipated that, given the serious ramifications that this may have for many thousands of individuals, many of whom have in fact already been granted British passports, this will now go to the Court of Appeal for further determination.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
