Your immigration newsletter

Transcription

1 Your immigration newsletter October 2013 Statement of changes to the Immigration Rules On 6 September 2013, the Government laid before Parliament a set of proposed changes to the Immigration Rules. Some of these changes came into force on 1 October 2013, with the remaining changes being implemented between 28 October 2013 and 1 January The main changes that will affect UK businesses are summarised below: Tier 2 (ICT) migrants no longer need to satisfy the English language requirements when applying to extend their stay beyond three years. Those who are currently legally in the UK, other than as a visitor, are able to apply to change to the status of a Points Based System dependant while in the UK. An internal auditor from a global corporation, who is being sent to the UK to undertake an internal audit will be able to enter as a business visitor, if the UK company they are auditing is part of the same group of companies as the visitor s overseas employer. Tier 2 (General) applicants earning 152,100 or more per year may now hold a shareholding in excess of 10% in their Sponsor s business, where this is a private limited company. For those making applications as the dependant of a British citizen or a person present and settled in the UK, the Home Office will now accept cash savings held in an investment-based account, such as stocks and shares ISAs, as evidence that the applicant satisfies the financial requirements. Migrants currently in the UK under the Tier 1 (Graduate Entrepreneur) category will now be permitted to switch into the Tier 2 (General) route without the Sponsor having to advertise the position in line with Resident Labour Market Test (RLMT) requirements. Business visitors coming into the UK may now undertake a wider range of corporate training, provided it relates to the migrant s employment overseas and is delivered by a company whose main activity is not being a training provider. Business visitors will now be able to undertake formal study whilst in the UK. Where a certain document is required to support an application, the stipulated format for that document will be the same irrespective of the application category. Electronic bank statements will be accepted for all bank accounts, provided they are accompanied by a letter of authenticity. From 28 October 2013, applicants for settlement and naturalisation will be required to pass the Life in the UK test and have a speaking and listening qualification in English to at least level B1 of the Common European Framework of Reference for Languages (CEFR) or an equivalent level qualification. From 1 January 2014, Hong Kong is being added to the list of participating countries and territories in the Tier 5 (Youth Mobility Scheme). Please note that not all of the above changes have yet come into force, and may be subject to amendment prior to implementation. Your PwC Legal caseworker will advise you accordingly on a case by case basis. PricewaterhouseCoopers Legal LLP

2 PwC Legal Immigration Club Meeting - 14 November 2013 PwC Legal s next Immigration Club meeting is to be hosted on Thursday 14 November. This is an opportunity to learn about recent changes to UK immigration law which may directly impact your business, and feedback from those who have attended previously is that it is a great platform for discussion. There will be a particular focus on the upcoming changes to the Immigration Rules (above) and the UK Government s latest views on immigration policy. Julia Onslow-Cole, PwC Legal s Head of Global Immigration, has recently attended all three main political party conferences and the team are actively participating in shaping future immigration policy. Many of the recent changes to the Immigration Rules were initially proposed by PwC Legal, which we hope will enable greater flexibility for business. We have a number of guest speakers due to present at the event, including: John Vine - Independent Chief Inspector of Borders and Immigration; Baroness Jo Valentine - Chief Executive, London First; Gavin Barwell MP - Co-Chair, The Migration Matters Trust; Mark Kleinman, Director of Economic and Business Policy, GLA; and Professor Sir David Metcalf, Chair, Migration Advisory Committee. Representatives of the Home Office will also be joining us. The event will be followed by a drinks and canapé reception which is a fantastic way to further discuss the topics raised and network with other clients and immigration specialists. Spaces are limited. If you would like to attend, and you have not yet received an invite, please contact James Perrott, details below. Julia s attendance at Party Conferences Julia Onslow-Cole, Partner and Head of Global Immigration, has recently spoken at the All Party Parliamentary Group on Migration meetings at the Liberal Democrat, Labour and Conservative party conferences. During the debate in Glasgow at the Liberal Democrat conference, the concept of introducing regional salary levels for Tier 2 migrants was discussed. Julia explained that this idea would help businesses in areas like Glasgow, where local wages cannot meet the visa requirement thresholds which are set on a national basis, stopping businesses from employing skilled migrants. There was further discussion regarding the public s concern about the current level of migration, and that figures suggest that migrants make a net contribution to the UK economy. The point was made that the migrants who came to the UK from the A8 countries, which includes Poland, were 59% less likely to claim benefits than residents. The Liberal Democrats are currently formulating their immigration policy, and following her presentations have asked Julia and PwC Legal to provide feedback from business about the challenges that the current immigration system presents and how these might be resolved to assist UK economic growth. Whilst at the Labour Party Conference in Brighton, Julia had a meeting with Chris Bryant, the Shadow Immigration Minister, about Labour s recently announced policy to require Tier 2 Sponsors to create one apprenticeship for each Tier 2 migrant they sponsor. Julia told him that there were a number of challenges with the policy including the fact that professional services apprenticeships are still in their infancy, this would require some

3 companies to have apprentices comprising 5-10% of their UK workforce and this would substantially increase the cost and administration involved in sponsoring a Tier 2 migrant. Chris said that he would still expect something from employers and has asked Julia to meet with him to explore this further. Finally at the Conservative conference event, entitled How can we address the public concern about migration while winning the global race?, Julia spoke about how important attracting investment from India and China is to the UK economy and how we should be encouraging students, visitors and workers from these countries to come to the UK rather than deterring them with increasingly restrictive regulations. Overall these cross-party events have been a success and enabled PwC Legal to continue to be at the forefront of immigration policy reform. These forums provide an excellent opportunity to discuss immigration policies and the potential impact they could have on business. TB Screening Certificates Migrants from certain listed countries applying to enter the UK for more than 6 months are required to include a valid medical certificate with their entry clearance applications which confirms they have undergone screening by a Home Office approved medical clinic and are free from Tuberculosis (TB). Applicants submitting certificates issued by any other clinics will need to be re-tested and this is likely to result in a delay in the processing of their application. Specific medical clinics are located across the globe and PwC Legal can advise you fully in regards to these as well as all other TB Screening requirements. Changes to procedure for police registration Migrants granted UK visas may be given certain conditions to comply with throughout their stay in the UK, one of which is the requirement to register with the police. A migrant will know if they are required to register with the police as it will be written on their entry clearance endorsement or Biometric Residence Permit (BRP). From 02 September 2013, additional documents are now required when registering with the police as follows: their original passport(s); a completed online registration proforma (PwC Legal can provide this); two passport sized photographs; a copy of the identity page from their passport; a copy of the visa page from their passport; a copy of their BRP (both sides) if applicable; and application fee (currently 34). Individuals will not be registered without all of these documents, and students are advised to liaise with their educational establishments prior to attending the Overseas Visitor Records Office (OVRO). Individuals should also be aware that any changes to their personal circumstances must also be registered with the police, and further information on this can be found on the back of their registration certificate.

4 Global Update Germany Family member working permission extended Germany has implemented legislation that will give accompanying family members of all categories of resident permit holders, unrestricted permission to work. Recognised family members of intracompany transferees will no longer have to apply for separate permission to work or be self-employed once they are resident in Germany. Singapore Fair Consideration Framework announced for Singapore Employment Passes Ministry of Manpower announced new rules designed to ensure that fair consideration is given to Singapore nationals before approving Employment Passes for foreign professional workers. The new rules will take effect from next August 2014 and will require employers to advertise the job prior to submitting an Employment Pass application. Brazil Changes to work authorisation system mean documents and applications will be submitted online The Brazilian work authorisation system will be moving to a digital system where documents and applications will be submitted online. Documents submitted on the system will later make up the online record of the applicant, and it will not be necessary to resubmit documents for future applications. Given the rising popularity of Brazil as a destination for expats, these changes show a welcome sign to make the immigration system user-friendly and streamlined. Our Employment Team PwC Legal s Employment team works closely with us to advise on a range of matters where employment law has an impact on immigration positions. Some examples include: managing a situation when an employee s right to work in the UK has/or is due to expire to minimise the employment law risk; drafting contractual documentation relating to international assignments and; advising on the suitability of immigration recruitment screening questions to help reduce HR spend. By networking across our specialist departments, PwC Legal is able to offer our immigration clients expert legal advice on a range of employment matters. Hot Topic Here is this month s hot topic from our employment legal team that may be of interest to you. UK Government Changes its Stance on TUPE Reform The UK Government has published its response to its consultation on the Transfer of Undertakings (Protection of Employment) Regulations (TUPE) reforms. Whilst many of the planned reforms reflect the existing case law position, they will prove helpful in providing more certainty to employers when undertaking changes to their business. Whilst there is no implementation date specified, it is anticipated that they will take effect from January The main consequences are as follows: The Government will not repeal the service provision change limb of TUPE. However, there is clarification as to the meaning of a service provision change. In order for there to be a service provision change, the service provision must be fundamentally or essentially the same as before the transfer

5 Increasing the time in which the transferor is obliged to provide employee liability information Consultation by the transferee with transferring employees prior to the transfer will count towards the collective redundancy requirements, provided both the transferor and transferee agree A change in the location of the workforce following a transfer will constitute an economic, technical or organisational reason entailing changes in the workforce (or an ETO reason ) which means any such dismissal will not be automatically unfair. In light of the proposed reforms, it is essential for both transferor and transferee employers to have a clear understanding of the impact of TUPE on their business. In particular, those employers involved in the outsourcing, re-tendering, insourcing or offshoring of services from 2014 should be aware of how the reforms, when implemented, will impact the required approach. Contacts Julia Onslow-Cole Partner julia.onslow-cole@pwclegal.co.uk Jurga McCluskey Partner jurga.mccluskey@pwclegal.co.uk Lindsey Barras lindsey.h.barras@pwclegal.co.uk Anjali Greenwell anjali.greenwell@pwclegal.co.uk James Perrott james.perrott@pwclegal.co.uk Kelly Whiter kelly.whiter@pwclegal.co.uk In an immigration context, there is also uncertainty about how TUPE applies to transfer the employment of sponsored migrant workers with the Immigration Rules and TUPE containing no specific guidance on this point. Any transfer or change in service provider involving sponsored migrant workers would therefore need to be carefully managed in practice to avoid any unexpected consequences or liabilities. Please call Chris Perkins ( ) or Jonathan Harries ( ) should you wish to discuss this in more detail or any of the services our employment team can provide. This publication has been prepared for general guidance on matters of interest only, and does not constitute professional advice. You should not act upon the information contained in this publication without obtaining specific professional advice. No representation or warranty (express or implied) is given as to the accuracy or completeness of the information contained in this publication, and, to the extent permitted by law, PricewaterhouseCoopers Legal LLP, its members, employees and agents do not accept or assume any liability, responsibility or duty of care for any consequences of you or anyone else acting, or refraining to act, in reliance on the information contained in this publication or for any decision based on it PricewaterhouseCoopers Legal LLP. All rights reserved. PricewaterhouseCoopers Legal LLP is a member of PricewaterhouseCoopers International Limited, each member firm of which is a separate legal entity.