As part of the visa application process, the visa applicant must in most cases attend a Visa Application Centre (VAC) to have their biometrics taken. The rule generally is that the application will not begin unless the biometrics data have been submitted.

Since May 2023, it is possible however to delay attending a VAC where it is deemed unsafe to do so. For this the applicant must contact the UK Visas and Immigration (UKVI) to request that the latter predetermines the application before the biometrics is taken, or to excuse the applicant from the requirement to attend a VAC to enrol their biometrics and defer the requirement to enrol their biometrics on or after their arrival in the UK.

Before contacting the UKVI, the applicant must demonstrate that they have taken all reasonable steps to complete their biometrics including:

• Delaying their journey until it is safe to travel
• Looking for an alternative VAC for them to attend
• Paying for the Priority Visa or Super-Priority if available for a faster decision
• Opting to keep their passport while applying.

Decision makers must consider all 4 criteria listed below and only agree to predetermine an application or excuse individuals from the requirement to attend a VAC to enrol their biometric information where they can demonstrate they meet all 4 criteria as follows:

1. The applicant’s identity must be certain to a reasonable degree
2. The applicant must provide evidence that travelling to a VAC would be unsafe and that they cannot delay their application.
3. The circumstances are so compelling as to make them exceptional such that their presence in the UK is required urgently for example the UK sponsor requires full-time care.
4. The applicant must confirm that they want to be excused from attending a VAC or whether they are willing to attend an alternative VAC.

Where an applicant is excused from attending a VAC for their biometrics, the individual must arrange for their identification documentation such as their passport to be sent to the VAC where they would normally attend.

For further information please contact us at contact@bonheurlegal.com

The latest statement of changes to the Immigration rules has been published. Bonheur Legal has compiled a list of the most significant changes that we believe will be most pertinent to our clients and future clients.

We will therefore be focusing mainly on:

The Electronic Travel Authorisation scheme

The introduction of the Innovator Founder route on 13 April 2023

The increase of the minimum salary under the skilled worker

The Electronic Travel Authorisation (ETA) scheme

The UK Immigration Minister reiterated that one of Government’s ongoing priority is to secure the UK borders and keeping people safe. The UK’s ambition is that everyone wishing to travel to the UK has the appropriate permission and the Government believe that the ETA scheme will be contributing to the Government to achieve their aim.

Set out in Appendix Electronic Travel Authorisation; the ETA scheme will apply to foreign individuals, visiting or transiting through the UK who currently do not need a visa for short stays. It will also apply to those using the Creative Worker route for a short stay in the UK.

As of 15 November 2023, the scheme will apply to nationals of Qatar. 

The scheme will be extended to nationals of the following countries as of 15 February 2024:

• Bahrain
• Jordan
• Kuwait
• Oman
• Saudi Arabia
• United Arab Emirates

Exceptions:

Residents of Ireland that do not need a visa will be exempt from applying for the ETA to enter the UK. 

UK ETA app

The ETA application will be made via the UK ETA app and should take 3 working days to be processed.

The ETA will be issued electronically.

The Innovator Founder Route

The Innovator Founder route is a replacement of the less popular Innovator and Start-up routes. The criteria under the current Innovator Route will be more flexible under the Innovator Founder Route.

There is no longer the 50 000 GBP minimum funds requirement, and it is possible under certain conditions for the holders of the Innovator Founder visa to engage in employment outside the running of their business.

Extension applications will be possible under the Innovator Founder – Same Business criteria, where the applicant last had permission as an Innovator Founder or was on the Start-Up or Tier 1 (Graduate Entrepreneur) routes. 

Settlement

Settlement will be possible after spending three years continuously resident in the UK under the Innovator Founder route.

Skilled Worker – Salary change

The minimum salary threshold for Skilled Worker visa is now 26,200 GBP.

Furthermore, the new salary for the Global Business Mobility Senior and Specialist workers will now be 45,800 GBP and 24,220 GBP respectively.

The new proposed salary for the Scale-up workers will be 34,600 GBP.

Please contact us should you have any further questions.

The Chagos Islands… The Chagos archipelago is a place close to our heart as the founder of Bonheur Legal originates from the Islands. It is a place that has seen its’ inhabitants expelled from their own land by the UK and made homeless between 1967 and 1973 in order for the US to set-up a military base.

In 2002, the UK agreed to grant British citizenship to British Overseas Territories citizens which meant that the Chagossians and their children could gain British citizenship. This however did not extend to grandchildren and great-grand-children.

After years of campaigning, the Government has agreed to amend the Nationality and Border Act, such that the British nationality has now been extended to People of Chagossian descent. The chagossian descent have a five-year period to register as British citizens.

Applying for the British Citizenship

The application process is now opened and since the 23 November 2022, the applicants can apply for British overseas territory citizenship or British citizenship at the same time and if successful, will obtain both statuses.

Applications can be made online at https://visas-immigration.service.gov.uk/product/nationality-biot

Note that if you live overseas, you will be required to attend a biometric appointment at a visa centre as part of the application process.

Documents required

As part of the requirements, the applicants will have to provide evidence that they are a descent of a Chagossian born in the Chagos Islands. This can include marriage certificates, court records etc. It is our understanding that the Home Office will approach each case on its own merits and where evidence might be lacking, they will attempt to check their records to locate this. 

Costs 

The application is free of charge.

How can we assist

We can help you with the whole application and some of our staff can speak and write in creole.

The Home Office has recently issued a set of relevant sponsor amendments. 

What you should know:

1. The foreign workers can now start work for their sponsor as soon as they have permission to enter or stay in the UK without having to start for the date given on their Certificate of Sponsorship.
2. The Salary entered on a Defined CoS must genuinely reflect what the employee will be paid for the number of hours worked.
3. A concession has been added for extended absence without pay. Note however that each case will be decided on its own merits.
4. Only guaranteed gross pay should now be included in the salary section. Other guaranteed allowances, pay or benefits will no longer be considered as part of the pay package

Scale-up Worker visa

Since 22 August 2022, fast-growing UK businesses can attract talents under the Scale-up visa route.

Definition

A fast-growing or scale-up business is a high-growth company that has:

• An annualised growth of at least 20% for the previous 3-year period based on either employment count or turnover
• A minimum of 10 employees at the start of the relevant 3-year period.

This definition seems in line with that of the Organisation for Economic Co-operation and Development (OECD). The OECD defines high-growth enterprises as ‘All enterprises with average annualised growth greater than 20% per annum, over a three-year period should be considered as high-growth enterprises. Growth can be measured by the number of employees or by turnover.’

A Scale-up Worker visa will allow a visa national to come and perform an eligible job for a fast-growing company.

Requirements

To qualify for a Scale-up Worker visa the applicant must:

• Have a confirmed job offer with an approved scale-up business for at least 6 months
• The job must be on the list of eligible occupations
• The salary should be in line with the minimum salary in your new job
• Be assigned a Certificate of Sponsorship

Duration of Stay

The migrant can potentially stay for a:

1. Sponsored stage of 2 years
2. Unsponsored stage of 3 years

It is interesting to note that although the initial visa lasts for two years, the applicant must work for the specified sponsor for only the first six months. 

This is a welcomed option to the sponsor as after 6 months, the administrative duties imposed on the sponsor is lessened and there is no Immigration Skills Charge which represents a considerable saving to the employer.

For the employee, he or she enjoys some flexibility as to where he or she can work.

Becoming a Scale-up Sponsor

You will have to go through the normal process of applying for a Sponsorship Licence and the Sponsors who hold a general sponsor licence will need to add the scale-up option to their licence. When applying the Home Office will check the HMRC data directly and it is therefore important that the companies HMRC’s records are up to date.

Unlike the general licence, the scale-up licence cannot be renewed beyond the four years.

Indefinite Leave to Remain

After 5 years of continuous stay under the Scale-up Worker visa you may be able to apply to settle permanently in the UK and apply for the Indefinite Leave to Remain.

[2021] EWCA CIV 1357

The Court of Appeal in Secretary of State for the Home Department v Ali [2021] EWCA Civ 1357 held that an application made during the permitted grace period to lodge an application cannot be considered as an application made ‘in-time’.

It reinforces the concept that the uniform 28-day grace period introduced into the Immigration Rules, was an exception to the general rule and that applications for leave had to be made before the expiry of an existing period of leave.

WhiIst the Court recognises that, under exceptional circumstances the expiry of an existing leave may be missed through no fault of an applicant or the advisers; applications made after the expiry of the leave to remain may be allowed by way of exception.

This service allows potential Sponsors to prioritise the Sponsorship Licence application.

Eligibility

In order to qualify for this service you must:

- Have submitted an application for a Sponsorship Licence online

- Make a request before the file is allocated to a Caseworker

- Submit a fully completed application to the pre-licence priority service

Limit on the number of applications considered

A maximum of 10 priority service requests will be accepted each day.

Fees

The fee for this service is £500 per request.

Processing time

Although not guaranteed, the processing time to consider the applications who have been successfully submitted is 10 working days.

[2021] EWCA CIV 1357

The Court of Appeal in Secretary of State for the Home Department v Ali [2021] EWCA Civ 1357 held that an application made during the permitted grace period to lodge an application cannot be considered as an application made ‘in-time’.

It reinforces the concept that the uniform 28-day grace period introduced into the Immigration Rules, was an exception to the general rule and that applications for leave had to be made before the expiry of an existing period of leave.

WhiIst the Court recognises that, under exceptional circumstances the expiry of an existing leave may be missed through no fault of an applicant or the advisers; applications made after the expiry of the leave to remain may be allowed by way of exception.