Author Archive
How to apply for a UK Expansion Worker visa
The UK Expansion Worker visa is part of the Global Business Mobility route. It enables overseas businesses seeking to expand into the UK to temporarily assign senior managers and specialist employees, including business owners, to the UK to establish ...
25th August 2023Government Authorised Exchange: one visa, 40 options
The Government Authorised Exchange (GAE) category of the Immigration Rules is one of the least known of all the UK’s visa options. It can be found in Appendix Temporary Work – Government Authorised Exchange to the immigration rules. The te ...
24th March 2023Employers take note: all change for right to work checks from 1 October 2022
When the pandemic first hit in March 2020 the Home Office was quick off the mark in allowing employers to conduct right to work checks remotely. Rather than having to meet job applicants and employees needing to renew their status in person, they were ...
26th September 2022How to apply for a High Potential Individual visa
The High Potential Individual visa is a new offering from the Home Office aimed at individuals who have graduated from a top global university. There is considerable international competition to attract these sorts of individuals, who ministers like t ...
19th August 2022How much does it cost to sponsor someone for a UK work visa?
Sponsoring a foreign worker isn’t cheap. Application fees and visa taxes typically run to thousands of pounds. Since the UK left the European Union, the costs of sponsorship have also applied to employers who want to hire EU workers under the Po ...
27th April 2022How to apply for a UK domestic worker visa
There is a UK visa for overseas domestic workers, first introduced in 2002. Although the Immigration Rules do not define “domestic workers”, the route is typically used by nannies, cleaners, chauffeurs, cooks, personal carers and protectio ...
22nd February 2022Student visa sponsorship system (finally) being reviewed
The Independent Chief Inspector of Borders and Immigration (ICIBI) is to inspect the relationship between the immigration system and the higher education sector. The call for evidence, which is open until 15 November 2021, confirms that the ICIBI will ...
5th November 2021The 180-day absence rule doesn’t apply to people with a spouse or partner visa
Many UK immigration categories impose a requirement that the visa holder must not be outside the UK for more than 180 days in any 12-month period — that is, if the person wants to apply for indefinite leave to remain. Joanna and Nath have explor ...
30th September 2021Briefing: how to apply for a student sponsor licence
International students are worth billions to the UK economy in higher education fees and indirect expenditure, benefitting local communities financially as well as enriching them in non-economic terms. Being able to attract overseas students is crucia ...
21st June 2021Face-to-face learning required for international students from 27 September
The Home Office updated its Covid-19 guidance for overseas students and education providers yesterday. By far the most significant change relates to the distance learning concession introduced last year. Providers can still commence the sponsorship of ...
25th May 2021Home Office U-turn on coronavirus right to work checks
As far as odd decisions go, it was up there with the best. The Home Office announced on 20 April that its concession to enable employers to conduct right to work checks virtually — for the safety of their workforce during the pandemic — wa ...
12th May 2021Sponsor licence inspection visits back on
UK Visas and Immigration (UKVI) has confirmed that with lockdown easing, it is resuming sponsor licence compliance visits. Initial visits will be focused on organisations that have a pending sponsor licence application. Confirming the resumption of vi ...
12th April 2021How to apply for the UK’s Global Talent visa
The UK’s Global Talent visa went live in February 2020, replacing the Tier 1 (Exceptional Talent) route. Far more flexible than its predecessor, and with no cap on the number of people who can enter with this visa (why restrict talent!), it has fast ...
2nd March 2021How to apply for a Skilled Worker visa
The Skilled Worker visa is the main work route under the Points Based Immigration System. It was introduced on 1 December 2020, replacing a visa called Tier 2 (General). Joanna has previously explained the legal requirements for this visa. For example ...
4th December 2020Employers handed 246 pages of guidance on new worker sponsorship system
The UK’s new immigration system is hurtling towards us at a rate of knots. As of 1 January 2021, newly arrived EU citizens coming to work in the UK are likely to need to be sponsored for a visa by their employer. If you read the Home Office ma ...
20th November 2020The end of the Tier 2 cooling-off period is on the horizon
Whilst we are all awaiting new Immigration Rules for the Skilled Worker route, which will replace Tier 2 (General) in the new Points-Based Immigration System, some good news is starting to emerge. The cooling-off period, which has seen many a skilled ...
24th September 2020Government provides (not much) further detail on the UK’s new points-based immigration system
Immigration lawyers up and down the land leapt out of bed this Monday morning, eager to glut out on the promised detail of the UK’s new points-based immigration system. How disappointed we all are. The snappily titled UK’s Points-Based Imm ...
13th July 2020Universities, schools and colleges urgently need international student guidance
On 19 May 2020, a number of media outlets reported that there will be no face-to-face lectures at Cambridge University until summer 2021. The university issued a statement the next day in which it said there had been “partial reporting of only o ...
21st May 2020The cost of hiring workers under the new Points Based Immigration System
This week we finally got to see more detail about the 2021 Points Based Immigration System. The government’s announcement confirms that every organisation in the UK — from businesses to charities, schools to local shops — will need t ...
21st February 20205 Brexit New Year’s resolutions for employers
By today, most businesses around the country will have reopened following the festive break. With energy levels topped up and a whole new year to embrace, if the business — large or small — hasn’t already done so, now is the time to ...
6th January 2020Is the government website misleading visa applicants?
I am seeing more and more people who have filed their own visa application, relying on what they’ve read on the immigration pages of gov.uk. They often tell me that they followed the information on the website carefully when preparing their appl ...
5th December 2019University strikes: what do they mean for international students and staff?
Today sees the start of industrial action, including strikes, across 60 universities. Members of the University and Colleges Union are striking over pensions, pay and conditions for the next eight days, with other forms of action planned when they ret ...
25th November 2019The clock is ticking for £1m investors
A right of residence in the UK can be purchased with a six-figure investment. Until a few years ago, the amount required was £1m. While new investment visas can no longer be obtained at that price — the minimum investment has doubled — ex ...
4th November 2019New Shortage Occupation List accidentally fails to unearth archaeologists
The new Shortage Occupation List is finally live and this morning the revised Appendix K of the Immigration Rules was uploaded to gov.uk. Unfortunately, in its rush to publish the new list, the Home Office has omitted archaeologists. This professio ...
7th October 2019Migrants working illegally still have employment rights
Immigration lawyers often find themselves at the centre of employment law disputes where the employee’s immigration status appears to be crucial to the legality of their employment. In such cases the stakes are usually very high and the pressu ...
21st August 2019Home Office rushes in new behaviour tests for employer sponsors
The Home Office regularly updates the guidance documents that it issues to approved visa sponsors, and those thinking of becoming one, under Tiers 2, 4 and 5 of the Points Based System. Tier 4 covers sponsors of international students and Tiers 2 and ...
18th July 2019Third attempt by Home Office to define who is, and isn’t, a “professional sportsperson”
Who would have thought that defining who is, and isn’t, a professional sportsperson would be so difficult? The government has been grappling with this issue for some time. First attempt Back in January, and somewhat out of the blue, the Home Off ...
12th July 2019Visa options for overseas entrepreneurs setting up a UK business
The Tier 1 (Entrepreneur) visa route was closed in March 2019. At the same time, two new immigration routes — Innovator and Start-up — came into being. But entry to either scheme rests on the notoriously difficult task of getting an endors ...
25th June 2019Home Office tries to tackle eGates problem that makes short-term study illegal
Since 20 May 2019, people from Australia, Canada, Japan, New Zealand, Singapore, South Korea and the USA have been able to enter the UK using ePassport gates (‘eGates’). British and EU citizens have been able to use eGates since 2008. The ...
18th June 2019Urgent rethink needed on UK’s visa for global entrepreneurs
The Home Office’s new innovator visa went live, in terms of being incorporated into the Immigration Rules, on 29 March 2019. Unfortunately, almost a week on and it’s still anything but live for those hoping to make an application. CJ has been ...
4th April 2019Home Office changes tack on “professional sportsperson” definition – but is it enough?
The Home Office amended its definition of a ‘professional sportsperson’ back in January 2019. At the time, I set out why I thought the changes were significant: Why coaching your kid’s football team could breach your visa conditions. Sin ...
19th March 2019Tech Nation to endorse new innovator and start-up visas… but not until September 2019
The government announced on 7 March that two new immigration categories will appear in the Immigration Rules from 29 March 2019 — the innovator and start-up visas. Since then, immigration lawyers and prospective applicants up and down the land h ...
15th March 2019Home Office to give touring artists and sportspersons green light for entry through Ireland
Over the next 12 months, the government will be rolling out a whole package of measures designed to enhance the UK’s global image. These will include both new and relaxed immigration options for innovators, tech experts, scientists, researchers, ...
4th March 2019Only private schools in the UK to be able to sponsor EU children from 2021
The government recently published information about arrangements for EU citizens who move to the UK after the UK leaves the EU in the event of a no-deal Brexit. The proposals would mean that EU (and EEA) national children who move to the UK between th ...
5th February 2019Why coaching your kid’s football team could breach your visa conditions
For reasons that don’t appear to have been explained anywhere, at least not that I can find, the Home Office has made significant changes to the definition of a professional sportsperson. This is important because a prohibition on performing act ...
18th January 2019Future immigration sponsorship system for UK employers – it really does need to be simple this time
There is so much in the immigration white paper, publishedjust before Christmas, that sounds pretty good for employers. But if the sponsorship system is to cope when extended to cover skilled workers arriving from the EU, a huge amount of work will b ...
9th January 2019Brexit: what was the right to work checks debacle really about?
Having been an immigration solicitor for around 20 years, I’m used to pretty chaotic weeks. The past week has been one of the most frustrating following the immigration minister’s surprisingly unpolished performance in front of the Home Affairs Co ...
3rd November 2018Comment: MAC’s recommendations would create administrative burdens for UK employers
Today’s Migration Advisory Committee recommendations are incredibly significant from a UK employer’s perspective. I can immediately see that a huge number of UK employers are likely to be faced with potentially significant new administrat ...
18th September 2018Welcome news for sponsored workers who go on strike
Taking part in strike action can be stressful enough. But for migrant workers who are sponsored by their employer, striking has also had the potential to place their immigration status in the UK at risk. This is because the Home Office’s positio ...
23rd July 2018Owning a Premier League football club, and other permitted business activities for visitors
Chelsea Football Club owner Roman Abramovich, whose Tier 1 Investor visa is apparently subject to processing delays, has reportedly been granted Israeli citizenship. The media coverage of the Russian billionaire’s visa woes heavily implies that ...
31st May 2018