International students permitted to stay after graduation

After the announcement that the government will allow international students to stay in the UK for two years after graduation to find a job,
Online magazine Recruiter contacted Migrate UK for their comments.

Karendeep Kaur, Migrate’s senior immigration consultant, thinks that while the proposal is welcome news for recruiters and international students, some areas of the proposal still require clarification.

She asks, would this two-year, post study work style visa, be automatically added to a student’s visa from 2020, as with the original proposed plans from MAC [Migration Advisory Committee] from 2021 or will students need to apply for these two years upon completion of their course?

It has been suggested that there will be no cap on the numbers who can apply (unlike the current quota for restricted certificates of sponsorship), allowing the student to switch in country to a work visa. In addition, there has been no indication as to whether this is a ‘free for all’ or whether it will be limited to science, technology, engineering or mathematics degrees.

Read the full article here:
https://www.recruiter.co.uk/news/2019/09/international-students-can-apply-work-rather-leave-uk

Shortage of occupation list expanded to include more jobs

With effect from 6th October 2019, the Home Office will include more jobs in the UK that qualify as a shortage occupation. The full list of eligible occupations will be published in Appendix K of the Immigration Rules.

The changes will be very welcome by employers who need to sponsor overseas workers under Tier 2 General of the Points Based System. Those vacancies that meet the shortage of occupation criteria will not need to undergo a Resident Labour Market test. Furthermore, qualifying jobs are awarded a high number of points under the monthly quota system which means that applicants have a very good chance of being awarded a Certificate of Sponsorship.

Jobs to be published on the forthcoming list include:

  • Engineering roles (SOC codes 2121, 2122, 2123, 2124, 2126, 2127, 2129, 2461)
  • IT business analysts and designers (2135)
  • Programmers and software development professionals (2136)
  • Web designers (2137)
  • Cyber security specialists (2139)
  • Medical practitioners (2211)
  • Veterinarians (2216)
  • Architects (2431)
  • Quantity Surveyors (2433)
  • Occupational Therapists (2222)
  • Graphic Designers (3421)

EU Settlement Scheme – Apple now onboard

EU citizens living in the UK, who have the correct biometric document, can use the EU Exit: ID Document Check app to complete the identity stage of their application under the EU Settlement Scheme.

The app was initially launched on Android phones earlier this year and runs on Dutch firm InnoValor ReadID app.

Apple users, with a compatible device and the correct biometric documents, no longer need to gain access to an Android device in order to submit their application to the EU Settlement Scheme.

On the 18th of October the Home Office released a beta version of the app for iPhone models 8 and above. Due to the software update to IOS 13.2 the app is now available for iPhone 7 and iPhone 7 Plus users. https://apps.apple.com/gb/app/eu-exit-id-document-check/id1478914184

Up to this point Apple devices have been unable to scan passports as Apple would not permit third-party developers to access the near-field communication (NFC) features needed to scan biometric passport chips. As this is a beta test by the United Kingdom Visas and Immigration (UKVI), the app may become available on other iPhone models in due course, although there is no immediate visibility on the timeline from the UKVI. https://www.theregister.co.uk/2019/09/02/eu_settled_status_app_to_be_available_on_iphones_from_october/

In order to use the ID Document Check beta app you will need IOS 13.02 or newer, at least 120MB of storage space to install the app and to be connected to 3G, 4G or WIFI. https://www.gov.uk/guidance/using-the-eu-exit-id-document-check-app

Applicants without a biometric passport and non-EEA family members of EEA nationals without a biometric document issued under the European regulations, will not be able to use this app. They will need to submit a postal application or attend an in-person appointment at one of the 80 locations across the UK, where they can have their passport scanned and verified. https://www.gov.uk/government/news/home-office-launches-1-million-advertising-campaign-for-eu-settlement-scheme

Karen Kaur writes for HR magazine – EU nationals must assume ‘worst case scenario’ post Super Saturday

HR magazine invited Karen Kaur to write for this week’s edition. After MPs voted to withhold approval on the Brexit deal, what advice does Migrate UK’s Senior Immigration Consultant have for EU nationals wanting to remain in the UK after 31 October?

Read the article here:

https://www.hrmagazine.co.uk/article-details/eu-nationals-must-assume-worst-case-scenario-post-super-saturday/356473/?utm_content=EU%20nationals%20must%20assume%20%27worst-case%20scenario%27%20post%20Super%20Saturday&utm_campaign=HR21OCT19&utm_source=HR%20Magazine&utm_medium=adestra_email&utm_term=http%3A%2F%2Fwww.hrmagazine.co.uk%2Farticle-details%2Feu-nationals-must-assume-worst-case-scenario-post-super-saturday%2F%24AMF_FIELD_mab_userid%24%2F

Government commits to end free movement of workers from the EU. Recruiter magazine speaks to Karen Kaur

Boris Johnson’s government has commited to end free movement of workers from the EU. Employers urged to act fast on lower-skilled EU workers.

Speaking to Recruiter after the Queen’s speech at the state opening of parliament, Karendeep Kaur, senior immigration consultant at Migrate UK, said: “If you have forecast that you need X number of individuals and they might be from Europe, get them into the UK prior to 1 November.”

Kaur explained that if the UK does leave the EU on 31 October without a deal, employers that wait any longer risk losing lower-skilled staff. “In a no-deal scenario, anybody entering the UK from 1 November, and wishing to work will need to apply for the new Euro Temporary Leave to Remain (Euro TLR) visa,” she said.

However, she warned that this temporary leave to remain is valid only for three years and cannot be extended, leaving workers who wish to continue to remain in the UK subject to the immigration rules at the time – which under the government’s plans, is likely to be a Australian-style, points-based system. Immigration lawyers differ on when exactly such a system will be put in place, with some saying “the beginning of 2021”, and others “well into 2021”.  

Given that the proposed current minimum salary threshold for the proposed points-based system is £30,000 – although this may come down – “those lower-skilled workers will not qualify under any other work status, and will therefore be less likely to be able to stay on another visa”, said Kaur. Anyone who does not qualify for another type of visa will then be considered an ‘over-stayer’ by the Home Office and risks being deported.

Read the whole article here:

https://www.recruiter.co.uk/news/2019/10/employers-urged-act-fast-lower-skilled-eu-workers

Points-based migration system – to encourage migrants to work outside of London?

Seeking opinions after the Queen’s speech at the state opening of parliament, Francis Churchill from People Management magazine spoke to Karen Kaur.

The senior immigration consultant at Migrate UK is concerned that an Australian-style system threatened to sideline lower-skilled migrants, but believes that for EU citizens, the decision of a deal or no-deal Brexit is still at the forefront of their status, prior to any implementation of an Australian points-based system.

“Until we have clarification, EU nationals must assume a worst-case scenario and protect themselves.”

Read the whole article here:

https://www.peoplemanagement.co.uk/news/articles/new-migration-system-could-favour-those-choosing-to-work-outside-london?utm_source=mc&utm_medium=email&utm_content=pm_daily_14102019.New+migration+system+’could+favour+those+choosing+to+work+outside+London’&utm_campaign=7295441&utm_term=4640212

Newly announced points based immigration system

In a speech at the Conservative Party’s annual conference on the 3rd of October, the Home Secretary announced the government will introduce a points-based immigration system similar to Australia, once Britain leave the EU.

People Management magazine contacted Karen Kaur for her comments.

‘The Home Secretary’s approach would allow for the UK government to more directly control it’s borders, as the visa would be granted to the skilled migrant, rather than allocated to an employer.’

However Karen believes that this approach focusses on the brightest and best talent, so risks sidelining lower skilled migrants whose industries are experiencing skills shortages.

Read the full article here:

https://www.peoplemanagement.co.uk/news/articles/point-based-immigration-system-would-make-migration-to-uk-harder

Concerns some EU citizens could be incorrectly denied settled status

With a backlog of 150,000 outstanding cases, there are concerns that some EU citizens could be being incorrectly denied settled status, receiving instead the less secure pre-settled status.

People Management spoke to Migrate UK’s MD. Jonathan Beech believes such incidents were becoming an increasing concern. The backlog could be pushing authorities into rushing decisions over EU citizens’ rights to stay.

Read the whole article here:

https://www.cipp.org.uk/resources/news/drssprdtav.html

CIPD survey – employers unaware of post-Brexit visa rules

People Management magazine contacted Karen Kaur for her response to the CIPD report. This report has found that most employers in the UK are unaware of proposed changes to immigration rules that could make it more difficult to source lower-skilled workers after Brexit.

The CIPD report surveyed 2,182 employers, and found 58 per cent of businesses had no knowledge of the government’s plans to introduce a new skills-based migration system after the UK leaves the EU, which were outlined in a 170-page whitepaper published in December 2018.

The survey found 56 per cent of employers also said they didn’t have enough information to start making decisions about their post-Brexit recruitment strategy, with only a quarter (27 per cent) happy to make decisions based on the existing information.

Karen Kaur believes it was understandable that employers were not looking at the future, instead have a ‘right here, right now’ mentality. “If employers don’t know what’s happening now, then they aren’t going to be planning for the future,” she said.

“A lot of the CIPD report talks about retaining the talent we have already got, and EU employees can apply for settled status so they can potentially avoid new immigration rules in the future. But most are not looking that far ahead.”

Read the full article here:

https://www.peoplemanagement.co.uk/news/articles/employers-unaware-post-brexit-visa-rules-cipd-survey?utm_source=mc&utm_medium=email&utm_content=pm_daily_20092019.Employers+unaware+of+post-Brexit+visa+rules%2c+finds+CIPD+survey&utm_campaign=7295441&utm_term=4640212

EU citizens moving to the UK after a no-deal Brexit will be able to access temporary immigration status

Home secretary Priti Patel has confirmed that EU citizens will be able to access temporary immigration status until the new skills based immigration system comes into force at the start of 2021.

People Management asked Karen Kaur for her comments.

‘EU nationals are still encouraged to apply for settled or pre-settled status in the UK before 31 October. Employers will need to plan and ensure that any EU workers entering the UK prior to 31 October apply for their pre-settlement status to avoid the Euro temporary leave to remain status which is only valid for three years and thereafter UK immigration rules will apply.’

Read the full article here:

https://www.peoplemanagement.co.uk/news/articles/employers-relieved-government-eases-no-deal-brexit-migration-rules