2019 has been a busy year for Immigration law with several changes in the immigration laws, policy announcements and change of government. In this article we look at the key changes for immigration law. In Part 2, we will focus on what to expect in 2020.
Brexit
Brexit has dominated the news for over 3 years. However, 2019 was a key year for Brexit-related immigration changes. This is because the EU Settlement Scheme was officially open to all EU citizens in March 2019. Brexit has yet to take place, but the scheme remains relevant in the event the UK leaves the EU. Our key articles for Brexit were:
- EU Settlement Scheme – Public Test phase rolls out 21 January 2019
- What happens if there is no deal? – EU Citizens in the UK #Brexit
- EU Settlement Scheme
- EU Settlement Scheme – Public Test Phase of the EU Settlement Scheme Opens Today 21st January 2019
- EU Settlement Scheme - Waiver of fee for EU Settlement Scheme
- EU Settlement Scheme – ‘No cases refused’ - Private Beta Testing Report
- EU Immigration from 30 March 2019 – No Deal Brexit
- Brexit & Business
- Government issues further clarifications on the EU Settlement Scheme
- Don’t forget about us: Lower skilled workers
- EU Settlement Scheme Family Permit
- Immigration Update: Brexit
- EU Settlement Scheme update – June 2019
- EU Settlement Scheme Family Permit - Evidence Required
- EEA Family Permit v EU Settlement Scheme Family Permit
- EU Settlement Scheme: What evidence to submit?
- Processing times for the EU Settlement Scheme application
- EU Settlement Scheme Family Permit – FAQs
- It’s back on: European Temporary Leave to Remain
- EU Settlement Scheme: Suitability Requirements
- Increase in processing times for EU Settlement Scheme applications
- What is an EU Settlement Scheme Travel Permit?
- What is the difference between Permanent Residence and settled status?
- EU Settlement Scheme Family Permit: What comes next?
- The EU Exit: ID Document Check is now available for iOS
- Let’s break it down: Euro Temporary Leave to Remain (Euro TLR)
- Recruiting Low Skilled Workers Post-Brexit
Tier 2 guidance updates
The Tier 2 guidance has seen several changes this year. The first one was an inclusion of the ‘conducive to public good’ requirement to refuse a Sponsor Licence application or to revoke an existing licence:
The second and more important change was the addition of further roles to the Shortage Occupation List following an earlier MAC report this year. This was effective from 6 October 2019. One of the most important changes was the removal of the ‘pre-clearance’ requirement for Digital Technology roles. This has resulted in shorter processing times as the roles would not require a Resident Labour Market Test:
A further minor change was the correction to minimum salary thresholds:
We also saw an update to the record-keeping duties for Sponsors following the expansion of e-gates eligibility. This was because migrant workers of the ‘e-gate eligible’ nationalities would not have the traditional entry stamp on their passport:
Finally, the Government relaxed the requirement around PhD students when applying for a Tier 2 visa. This meant that sponsors could instead assign a much simpler Unrestricted Certificate of Sponsorship, rather than the cumbersome Restricted Certificate of Sponsorship. Full details here:
Elections 2019
We have another round of General Elections this year, and therefore more party manifestos. We cover the party manifestos on immigration here:
Increase in the Immigration Health Surcharge
The start of the year also brought a doubling of the Immigration Health Surcharge. This was increased from a previous amount of £200 per year to £400 per year. For most migrant workers, this meant paying £1200 for a 3-year visa, instead of a £600 previously.
Original article: Increase in IHS from January 2019
Right to Work check changes
The Right to Work check officially entered the digital age in 2019. This meant employers are now able to rely solely on an online check. The Government also provided some guidance on conducting Right to Work checks after Brexit:
- Right to Work check changes from 28 January
- Right to Work checks after Brexit
- Right to Work Checks for EU Workers pre and post Brexit
Tier 1 Exceptional Talent
Earlier this year, the popular Tier 1 Exceptional Talent route added Architects as an eligible occupation:
Tier 1 Entrepreneur Visa closed – Innovator & Start-up visas open
The very popular Tier 1 Entrepreneur visa officially closed in March 2019, and was replaced by the Innovator and Start-up categories:
E-gates opened to nationals of 7 countries
The expansion of e-gates had been in the pipeline for several months and were expected to initially open in June 2019. However, in a surprise announcement they were opened earlier on 21 May 2019, to nationals of the U.S.A, Australia, Canada, Japan, New Zealand, Singapore, and South Korea: