India, UK: Applicants for Indian visas at High Commission of London must appear in person

Applicants for several categories of Indian visas in London will have to attend a mandatory biometrics appointment on or after August 19, 2016, with a few limited exceptions, according to an announcement by the High Commission of India. 

Applicants for the below categories will be subject to a personal appearance:

UK: New criminal penalties for foreign nationals working illegally and their employers

In an effort to further prevent illegal work in the United Kingdom, new provisions were introduced by the Immigration Act 2016 stating that foreign nationals found to be undertaking employment in the United Kingdom after disqualification from employment for immigration-related reasons are subject to a criminal offence.  Employers are also subject to new penalties if they know or have reasonable cause to believe that a foreign worker has no right to work in the United Kingdom. Both offences can lead to imprisonment or a fine.

Brexit – What will this mean for UK immigration?

Following the result of the UK’s EU referendum, which the Leave campaign won with 52% of the vote, there are many questions and uncertainty about the future UK immigration landscape.

The landmark result, which saw more than 30 million people vote, the highest turnout since 1992, has raised a number of concerns for EU nationals living and working in the UK.

Our UK immigration partner is confident that any outstanding or ongoing immigration applications presently with the Home Office for consideration will be unaffected.

United Kingdom: Free movement for foreign nationals unaffected until formal separation

Following the public vote for the United Kingdom to leave the European Union, free movement to the United Kingdom from the European Union and vice versa will remain unaffected until formal separation procedures are introduced, which are unlikely to take effect for at least the next two years. 

United Kingdom: Brexit vote likely to result in overhauled immigration system

As a result of the public vote for the United Kingdom to leave the European Union, free movement to the United Kingdom from the European Union and vice versa will likely end, although the separation and a related Withdrawal Agreement will likely take at least two years.

United Kingdom: Brexit vote likely to result in overhauled immigration system

As a result of the public vote for the United Kingdom to leave the European Union, free movement to the United Kingdom from the European Union and vice versa will likely end, although the separation and a related Withdrawal Agreement will likely take at least two years.

Relief for landlords after Supreme Court ruling on Human Rights

Private landlords can sigh in relief that tenants they want to evict cannot invoke a breach of their 'Human Rights' when they are being evicted.

Following a ruling by the Supreme Court in a case known as McDonald v McDonald, specialist property lawyer Kary Withers of Clarke Willmott LLP has reported the landmark decision.

Overhaul of private tenancies in Scotland

Scottish Parliament has just passed The Private Housing (Tenancies) (Scotland) Act, coming into action in 2017.

The Act will create a much simpler system, including tighter regulation over rent increases and adding increased security of tenure for tenants.

UK: Forthcoming law to exclude foreign nationals from National Health Service coverage

Foreign nationals will soon be more likely to be charged for most medical treatment received in the United Kingdom, according to a forthcoming law that is yet to be published.  Foreign nationals who have already paid the Immigration Health Surcharge will likely be exempt from the provisions of the new law, however this is subject to change. Foreign nationals who are exempt from the Immigration Health Surcharge will likely continue to be exempt from these new provisions. Those likely to be most impacted are short-term visitors to the UK.

UK: Response to Advisory Committee recommendations announced

The Home Office has approved several policy changes recommended by the Migration Advisory Committee with the aim of substantially reducing skilled foreign workers entering the United Kingdom.

UK: Skills Charge details announced

The Home Office has announced details regarding the Immigration Skills Charge that will likely apply as a tax to skilled non-EU foreign workers.  The skills charge will likely not become effective until October 2016 at the earliest.

UK: Proposed law would increase visa application fees

Parliament is considering a law that would increase immigration fees for applications submitted on or after March 18, 2016 (April 6, 2016 for Isle of Man).  The increase is meant to ensure that by 2020, the UK immigration system is self funded. A full list of the new fees can be found here.

UK: Tier 2 Certificates of Sponsorship to be staggered; Tier 2 minimum salary to be maintained

The Home Office has published new Immigration Rules that will impose the following changes:

  • The availability of Tier 2 Certificates of Sponsorship (CoS) will be staggered throughout the year, instead of split equally in twelve monthly allocations. Starting April 6, 2016, 2,200 CoS will be available in the first month, gradually falling to 1,000 after a year.  
  • Unlike in other years, the minimum salary for Tier 2 workers will not increase in line with wage inflation. The Home Office has nevertheless indicated that a policy change may be made at a later date based on advice from Migration Advisory Committee’s (MAC) proposal.  It is likely that an announcement on the MAC’s advice will be made in the coming weeks.

UK: Language assessment tool for some visa applicants to be retired

On or after April 6, 2016, the free Points-Based Calculator (PBC) tool – used by visa applicants whose university classes were conducted in English as the first step in proving their English language proficiency –  will be replaced by a new online service provided by the UK National Recognition Information Centre (UK NARIC). Related documentation suggests the service will require a fee, but costs are not yet known.

UK: Immigration fee changes For 2016

The Home Office has published the Immigration & Nationality Charges for 2016.

The new legislation will come into effect on 18th March 2016, which is two weeks earlier than the usual date of 6th April for fee changes.

But, as there are no changes to fees which are directly charged to business, the Home Office is not required to introduce fees on the regular date.

Average UK rents up 1.2% in January compared to the same month in 2015

Average rents in the UK rose 1.2% to £906 a month in January compared to the same month in 2015, the slowest increase in three years, the latest rental index shows.

But average rents are some 12% above their pre-recession peak, reaching the highest level on record, according to the data from the Countrywide monthly lettings index.

The data also shows that London has seen the largest growth in rents anywhere in the country since 2007, with rents 34% higher than their pre-recession record. Between 2007 and 2016 the average Londoner has seen their rent rise from £966 to £1,295 a month.

Right to Rent now live in England

As of 1st February 2016, landlords (and letting agents if acting on behalf of the landlord) must check that a tenant or lodger can legally rent a residential property in England.

Failure to comply with this legislation means a landlord can be fined up to £3,000 for renting a property to someone who isn’t allowed to rent property in England.

Before the start of a new tenancy, the landlord must make checks for tenants aged 18 and over even if:

  • They’re not named on the tenancy agreement
  • There’s no tenancy agreement
  • The tenancy agreement isn’t in writing

If the tenant is only allowed to stay in the UK for a limited time, the check needs to be carried out in the 28 days before the start of the tenancy.

UK: Health Surcharge exemption eliminated for Australian and New Zealand nationals

On or after April 6, 2016, Australian and New Zealand nationals seeking to stay in the United Kingdom for more than six months or renewing their visa in country will be required to pay the immigration health surcharge as part of their visa application.  In April 2015, the UK government introduced an Immigration Health Surcharge to all non-EEA nationals, which at the time exempted Australian and New Zealand nationals who were in the United Kingdom for a year or less.

Australian and New Zealand nationals will still not be charged for emergency treatment.

UK: Registered Traveller service expanded

The Home Office has announced the expansion of the Registered Traveller service to eligible foreign nationals from Hong Kong, Singapore, South Korea and Taiwan. Additionally, Registered Traveller members will be able to use ePassport Gates and EU/UK lanes at Bristol and Cardiff Airports in the coming months.  

Background

The Registered Traveller service was introduced in April 2015 to travellers from Australia, Canada, Japan, New Zealand, and the United States who hold a UK visa or have visited the United Kingdom at least four times in the previous two years.

Applications are submitted online and once accepted, travellers with biometric passports can use ePassport Gates and EU/UK lanes at Eurostar terminals at Paris, Brussels and Lille and the following airports

Surprise Home Office compliance audits to take place

In late 2015, the Home Office stated that the number of Compliance Audits will be increased in all industry sectors, and that many of these will be unannounced.

  • 1,792 sponsor licence applications were made in Q2 2015
  • Of these, 791 received a HO visit, some 44%
  • Of those receiving a visit, 57% were unannounced 

Approximately 4,000 sponsor licence applications were received in 2015; around 25% of those have been audited. The refusal rate is currently almost 1 in 3 (over 30%).