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Author: George Sandison

15 more countries added to Registered Traveller service

UK Landing cards to be withdrawn

With effect from Autumn 2017, non-EU travellers will no longer be required to fill out a landing card on arrival to the UK. The proposed changes were announced in August and included a short consultation period with carriers, ports and people who use the statistics gathered through landing cards. The changes are expected to affect over 16 million passengers every year.

Landing cards have been used to collect basic information about travellers since 1971, and cost around £3.6 million every year. The Border Force are looking to replace the paper-based system with a new digital one as part of their ongoing move to digital border controls.

Under the new system passengers from outside the UK will go through the same checks, including those against security and immigration watch lists. Passengers will no longer need to fill out cards on board flights or at airports, and it is hoped the changes will lead to reduced wait times at immigration with the use of e-gates. The Border Force has also increased the use of Advance Passenger Information, with systems in place to receive data on every scheduled flight in and out of the UK.

Home Office announces independent assessment of EU citizens in the UK

The Home Office have announced that they will conduct an independent assessment of the role that EU citizens play in the UK economy and society. The report has been commissioned over a year after the referendum vote to leave the EU, and its results will be delivered in September 2018, seven months before the Brexit deadline.

The review will be carried out by the Migration Advisory Committee (MAC) and will look into to focus the study on patterns of EU and EEA (European Economic Area) migration, considering regional distribution; skill levels; industry sectors and the role of the self-employed, part-time, agency, temporary and seasonal workers. The review will focus on the situation post-Brexit which means it will not relate to EU citizens who are already living in the UK.

The full set of questions given to the MAC are as follows:

EU and EEA Migration

  • Drawing on existing sources where appropriate, the MAC should set out current patterns of EU and EEA migration, looking at:
    • sectors,
    • regional distribution,
    • skill levels,
    • duration of assignments
    • self employment, entrepreneurs, part time, agency, temporary and seasonal workers; and
    • any other characteristics the MAC considers relevant;

    The MAC should consider the evolution of EU and EEA migration since 2000 and possible future trends (absent new immigration controls).

  • What are the methods of recruitment used by UK employers to employ EU and EEA migrants and how does this impact on UK workers?
  • What are the economic and social costs and benefits, including fiscal impacts to the UK economy and impacts on public services and infrastructure of EU and EEA migration?
  • Is it possible to estimate the potential impact of any future reductions in EU and EEA migration (whether occurring naturally or through policy), at a range of levels and how may these be felt differently across the economy and society? This may include a consideration of the impacts on the different parts of the UK, within the context of designing a UK-wide immigration system. How could business adjust if EU and EEA net migration was substantially reduced? What mitigating actions could be taken by employers and government and over what timescale?

Aligning the UK immigration system with a modern industrial strategy

  • What is the current impact of immigration, both EU, EEA and non-EEA, on the competitiveness of UK industry, including on productivity, innovation and labour market flexibility?
  • What impact does immigration have on skills and training?
  • Is there any evidence that the free availability of unskilled labour has contributed to the UK’s relatively low rate of investment in some sectors?
  • Are there advantages to focusing migrant labour on highly skilled jobs or across the entire skills spectrum?
  • Does the shortage occupation list need to be amended to include skills shortages at lower skills levels than NQF6?

The UK Government has already published its initial position with regards to EU citizens in the UK in a technical note along with some guidance for EU citizens living in the UK. The UK government have already confirmed the following:

  • EU citizens with settled status – those who have been here for five or more years – will continue to be treated as if they were UK nationals for education, healthcare, benefits, pensions and social housing after we leave the EU.
  • No EU citizen currently in the UK lawfully will be asked to leave when the UK leaves the EU. There will be a two-year transitional period for EU citizens to apply for permanent residence.
  • The process to apply for settled status will be streamlined and user friendly, and up and running by 2018.

However, various things are still to be confirmed, including what rights EU citizens will have to vote, and how much time they will be able to spend outside the UK after Brexit.

UK Government publishes position on EU migrants in the UK

The UK government has published a document laying out their proposal for the rights of EU citizens who are long-term residents of the UK after Brexit.

The policy paper, The United Kingdom’s exit from the European Union: safeguarding the position of EU citizens living in the UK and UK nationals living in the EU, has been published on the GOV.uk website and details what the UK government would like to happen.

As has been reported in the press, the government is offering EU citizens who have been in the UK for five years or more similar rights to people who have been granted permanent residence. This is intedned to be applied with a ‘light touch’ process to make applications easy. EU citizens applying will keep their rights to live and work, as well as access to public funds.

However, under government plans, EU citizens will no longer be able to sponsor spouses or partners to come to the UK unless they can meet the salary threshold of £18,600 per annum. They will also no longer be able to vote in local authority elections and may have to apply for an ID card and provide biometric information to the Home Office.

Certain rights have not been guaranteed under the proposal either. These include access to healthcare, rights for self-employed workers and the status of professional qualifications gained in the EU, which the government has said they will ‘seek to ensure’, rather than guarantee them.

The UK government have also published several case studies, explaining what would happen in certain situations.

Key figures in the EU, including Jean-Claude Juncker, President of the European Commission, and Donald Tusk, the President of the European Council, have said the offer doesn’t isn’t enough.

The EU published their document, Position paper on “Essential Principles on Citizens’ Rights”on 12th June 2017.

We expect the details of these offers to change as negotiations continue. These documents, however, provide an idea of possible outcomes for EU citizens in the UK.

New charges for Visa Office enquiries from overseas

With effect from 1st June 2017, all customer enquiries to the Visa Office will be handled by a private company called Sitel UK. This means that there will be changes in contact details and how enquiries are handled. New service charges have also been introduced.

The service has been contracted out as part of the Conservative government’s drive to reduce costs and ensure migrants in ‘the UK immigration system make an appropriate contribution’. Along with increases in visa fees and changes to salary thresholds in visa categories, this serves to make applying to the Visa Office a more expensive process.

Under the new system, the following changes will happen to anyone applying from outside the UK:

  • all phone numbers and opening hours will change
  • the number of languages offered is reducing to 8 including English
  • customers who contact UK Visas and Immigration by email will be charged £5.48

The charges for email enquiries must be paid using a credit or debit card but will include the original enquiry and any follow-up emails to the same contact centre about the same enquiry. If you do not have access to a credit or debit card you will have to find a trusted person to help you with this, such as an agent or sponsor.

There are no changes to the telephone service, or for enquiries made from within the UK.

Supreme Court rules income threshold for spouse visas will stay

Court challenges against the salary thresholds imposed on spouse/partner visas were brought to an end after the Supreme Court ruled in favour of the government. This means that the thresholds will remain in place, and have been found ‘compatible’ with Article 8 of the European Convention on Human Rights.

The Supreme Court unanimously backed the salary threshold in their ruling on 22nd February 2017, despite calling it ‘particularly harsh’ and acknowledging that it ’causes hardship to many thousands of couples, including some who are in no way to blame for the situation in which they find themselves’.

Under the rules, someone settled in the UK sponsoring an applicant for a visa as their partner or spouse must meet the financial requirement by earning at least £18,600 per year, rising to £22,400 with one child and an extra £2,400 for each child after that. Applicants cannot rely on offers of support from family members or other third parties. The non-EEA partner can only count their salary where they have work authorisation in the UK, for instance if they have secured a skilled work visa.

It has been estimated that 41% of the working British population, including 55% of women can’t afford to bring a foreign spouse to live in Britain. With no regional variation in the threshold this means sponsors are more likely to live in London. Whilst campaigners have commended the comments made in the ruling which criticise the impact of the threshold, it remains in place for all applications.

For a summary of the salary threshold, you can read the guidance provided by The Migration Observatory at the University of Oxford.

Changes to the immigration rules from 3 November 2016

The Government have announced changes to the Immigration Rules which will take effect from 24 November 2016. The changes affect Tier 2, Tier 4 and spouse visas.

This new set of changes is being introduced as the first of two sets of changes to Tier 2 visas, as well as introducing new language requirements for spouses and partners hoping to go on and apply for citizenship. The key changes will be as follows:

English language requirement

A new English language requirement at level A2 of the Common European Framework of Reference for Languages is being introduced for non-EEA partners and parents.

This affects those applying to extend their stay after 2.5 years in the UK on a 5-year route to settlement under Appendix FM (Family Member) of the Immigration Rules. The new requirement will apply to partners and parents whose current leave under the family Immigration Rules is due to expire on or after 1 May 2017.

Tier 2

  • The Tier 2 (General) salary threshold for experienced workers will increase to £25,000, with some exemptions
  • The Tier 2 (Intra-Company Transfer) salary threshold for short term staff will increase to £30,000
  • The Tier 2 (Intra-Company Transfer) graduate trainee salary threshold will be reduced to £23,000 and the number of places will increase to 20 per company per year
  • The Tier 2 (Intra Company Transfer) skills transfer sub-category will be closed

The changes to Tier 2 will come into effect for all certificates of sponsorship assigned on or after 24 November 2016. The date from which intra company transfers will be liable for the health surcharge will be announced in due course.

Tier 4

A number of changes are being made, including amendments to the academic progression rule, maintenance requirements for the Doctorate Extension Scheme and evidence of overseas qualifications, UK qualifications used as evidence, and a series of minor and technical adjustments.

Government statement on the status of EU nationals in the UK

The Government have released a statement confirming the situation for EU nationals living in the UK after the referendum vote. They have confirmed that there has been no immediate change to the rights and status of EU nationals in the UK, and UK nationals in the EU, as a result of the referendum.

The statement also confirms that the decision about when to trigger Article 50 and start the formal process of leaving the EU will be for Theresa May, the new Prime Minister. The UK remains a member of the EU throughout this process, and until Article 50 negotiations have concluded. When the UK does leave the EU, it is fully expected that the legal status of EU nationals living in the UK, and that of UK nationals in EU member states, will be properly protected.

I have lived in the UK for more than 5 years. What does the vote to leave mean for me?

  • EU nationals who have lived continuously and lawfully in the UK for at least 5 years automatically have a permanent right to reside. This means that they have a right to live in the UK permanently, in accordance with EU law. There is no requirement to register for documentation to confirm this status.
  • EU nationals who have lived continuously and lawfully in the UK for at least 6 years are eligible to apply for British citizenship if they would like to do so. The eligibility requirements can be found here.

What if I have lived in the UK for less than 5 years?

  • EU nationals continue to have a right to reside in the UK in accordance with EU law. EU nationals do not need to register for any documentation in order to enjoy their free movement rights and responsibilities. For those that decide to apply for a registration certificate, there has been no change to government policy or processes. Applications will continue to be processed as usual.
  • Non-EU family members of EU nationals must continue to apply for a family permit if they wish to enter the UK under EU law, and they do not have a residence card issued by a member state. There has been no change to government policy or processes, and applications will continue to be processed as usual.
  • Extended family members of EU nationals must continue to apply for a registration certificate (if they are an EU national) or residence card (if they are a non-EU national) if they wish to reside in the UK. There has been no change to government policy or processes, and applications will continue to be processed as usual.
  • Irish nationals enjoy separate rights, under various pieces of legislation, which allow Irish nationals residing in the UK to be treated in the same way as British nationals in most circumstances. There is no change to this position.
  • Croatian nationals might continue to need to apply for a registration certificate to be allowed to work in the UK under the transitional arrangements that were put in place when Croatia joined the EU in 2013. The type of registration certificate that they might need will depend on whether they need permission to work in the UK, and what they will be doing. There has been no change to government policy or processes, and applications will continue to be processed as usual.

Does the government plan to remove EU nationals from the UK?

  • There has been no change to the right of EU nationals to reside in the UK and therefore no change to the circumstances in which someone could be removed from the UK.

As was the case before the referendum, EU nationals can only be removed from the UK if they are considered to pose a genuine, present and sufficiently serious threat to the public, if they are not lawfully resident or are abusing their free movement rights.

Q&A session: Brexit – What’s next for EU nationals in the UK?

The Migrants’ Rights Network are running a Q&A event on Friday 15 July for people concerned what happens next for EU nationals living in the UK.

In the aftermath of the UK’s vote to leave the EU there is a great deal of uncertainty about what will happen to European citizens who have made the UK their home. This event will give people a chance to ask two experts questions about the consequences of this decision. At the event will be:

  • Colin Yeo, a leading immigration barrister with expertise in both asylum law and private immigration cases and the author of the Free Movement blog.
  • Steve Peers, Professor of EU Law & Human Rights Law at the University of Essex.

The free event will be taking place at Autograph ABP, near Old Street in London and is for anyone concerned about their situation or those who would like to have a better understanding of the implications of Brexit for migrants’s rights and EU free movement.

You can register for the event at the Migrants’ Right Network Eventbrite page

The referendum and EU residents of the UK

After a long and fraught period of campaigning, the UK has voted to leave the EU. No one knows how this decision will be applied in coming years, but it is clear that a review of the Immigration Rules must be expected. his means EU residents of the UK now face an uncertain future.

We expect the first legislative changes to come quickly, but with nearly every government department doing the same we can’t say when the Immigration Rules will be updated. That said, the Home Secretary, Theresa May, has proposed and implemented wide-reaching changes very quickly before. With immigration being such a politically sensitive topic we believe it will be one of the first things on the timetable.

We will be monitoring developments closely and keeping you up to date with the changes as soon as they are made. The options currently available to EU residents are detailed in our post, What does the EU Referendum mean for EEA/EU citizens in the UK?.

Typically, any changes to the Immigration Rules are announced before they are put into effect. We strongly advise checking for updates regularly to ensure that you can make the best informed decision as soon as any changes are announced.