UK Immigration Update | March 2023
Published on 9th Mar 2023
Welcome to the latest Immigration Update
As 2023 progresses, there are many new challenges for and changes to immigration policy, processes and regulation in the UK. In this edition, we look at some of these recent developments including the ending of Tech Nation and what this means for UK tech start-ups, issues affecting EU nationals, recent cost concessions, problems with UK Visas and Immigration's move towards digitisation, some welcome changes to policy for migrant workers and a look at what we expect the rest of the year will hold including a proposed electronic travel authorisation scheme.
We are also running our annual international event on Tuesday 21 March 2023. Our half day programme looks at current hot topics in the world of employment and immigration law. Osborne Clarke's international Employment partners will consider a host of employment-related issues, opportunities and challenges facing businesses and organisations across a variety of sectors and jurisdictions now and in the coming 12 months. Click here to register to attend in-person at our London office or join online.
We hope you find this useful, and, of course, do get in touch if you have any comments or suggestions for future editions.
Legal updates
What could 2023 hold for UK immigration?
A tougher line on immigration has been promised by the current home secretary, Suella Braverman: what could this mean for UK employers already struggling to fill roles and how should companies and HR start preparing?
Thanks to Brexit, the global pandemic, change in prime minister, various home secretaries over the last 12 months and the UK Visas & Immigration (UKVI) plan to digitise the visa process, it is no surprise that significant changes are likely to the application process.
There is likely to be more focus on high-skilled immigration initially and employers will continue to benefit from existing categories such as the skilled worker, high potential individual (HPIs) scheme and the graduate visa, and any potential new measures that would need to be examined first for suitability.
Tech Nations loses funding: is this the end for the UK tech global talent visa?
Tech Nation is to cease operation on 31 March 2023 after the government terminated its grant funding. Tech Nation is a not-for-profit organisation and can therefore no longer operate.
Tech Nation has worked with nearly a third of the country’s 122 unicorns since 2011 and ran the UK’s global tech talent visa. Though it was never a government organisation, Tech Nation was a key player in advancing the nation’s agenda to become a global start-up hub. Tech Nation ran dozens of accelerator programmes designed to help UK start-ups and scale-ups grow and expand internationally. Alumni include the biggest names in UK tech: Monzo, Revolut, Depop, Bloom & Wild, Zilch, Just Eat, Darktrace, Marshmallow, Ocado, Skyscanner, Peak AI and Deliveroo.
How to navigate the UK Business Visit visa rules
Since Covid-19, there has been an increased amount of global mobility within the workforce and with the implications of Brexit, more and more clients have been questioning the need for a UK visa when employees are not fully based in the UK, but are required to complete a percentage of their job description and employment contract within the UK. What needs to be considered when deciding if an employee needs a UK work visa?
EU nationals in the UK: what is the current state of play?
Freedom of movement has ended with the UK leaving the UK and EU nationals are now generally treated the same as any other skilled worker. This update aims to cover three situations that have come up recently in our casework. We would advise that anyone employing EU nationals, who have not yet regularised with a visa or pre-settled or settled status, seek legal advice as soon as possible.
Who is exempt from the immigration skills charge?
The Home Office has confirmed that a new immigration skills charge (ISC) exemption is now available for employers who use the global business mobility: senior or specialist worker route for EU national workers from their overseas offices based in the EU.
The new exemption came into force on 1 January 2023 and the Immigration Skills Charge (Amendment) Regulations 2022 confirms that sponsors of the global business mobility – senior or specialist route will be exempt from paying the ISC if all of the following apply:
Technical problems beset UKVI's digital system for checks on right to work
The Home Office has confirmed that a new immigration skills charge (ISC) exemption is now available for employers who use the global business mobility: senior or specialist worker route for EU national workers from their overseas offices based in the EU.
The new exemption came into force on 1 January 2023 and the Immigration Skills Charge (Amendment) Regulations 2022 confirms that sponsors of the global business mobility – senior or specialist route will be exempt from paying the ISC if all of the following apply:
UK's proposed electronic travel authorisation: what you need to know
Anyone familiar with travelling to the USA will know that, as with some other nationals, while British nationals do not require a visa to travel for a visit, they must still complete an electronic system for travel authorisation (ESTA) application prior to their visit. This is a prior approval for travel to the country for those who do not require a formal visit visa. While a similar system has been mooted in the UK for a long time, the Nationality and Borders Bill finally confirmed the UK government's intention to implement such a scheme in the UK. Therefore, anyone who wishes to visit the UK, either for business or pleasure, who previously just jumped on a plane, will need to know about these proposals.
