GET READY FOR THE CHANGE: EEA Nationals need to apply for EU Settlement Scheme before the deadline!
In less than 4 months the transition period will end and from 1st of January 2021 EU citizens who are not already in the UK will need immigration permission to live, work and study in the UK.
Stay in the UK: EU Settlement Scheme
EEA nationals and their family members who already in the UK are encouraged to make an application under the EU settlement scheme before the deadline 30th of June 2021. The scheme is designed to give an opportunity to the eligible applicants to protect their residence and rights in the UK.
The following people who are resident in the UK by the 31st of December 2020 can apply:
- EU citizens
- Citizens of Norway, Lichtenstein, Iceland
- Swiss Citizens
- Eligible family members of the above-mentioned groups
- Eligible family members of British citizens who have exercised the treaty rights in another EEA country
Family members of the above who are not in the UK by the end of the transition period may be still eligible to come to the UK and apply for the EU settlement scheme however, they will need to demonstrate their relationship commenced before the 31st of December 2020.
There is no minimum requirement for time lived in the UK under the scheme; the applicant will only need to show he has been living at least one day in the UK in the last 6 months prior to the application. Based on how long they lived in the UK they may be granted settled or pre-settled status.
Settled Status
If the EEA national has lived in the UK for a continuous 5-year period, they can be granted settled status which is the equivalent to indefinite leave to remain.
This means that the EEA nationals needs to demonstrate they had continuous residence in the UK for 5 years i.e they lived in the UK for at least 6 months in any 12 months period. There are a limited number of circumstances in which the applicant may be still eligible for settled status even if their residence was interrupted. If the reason of absences is serious, we invite the EEA national to contact us for an assessment of their circumstances.
If the applicant has been continuously employed or paid national insurance contributions through the years, they may no need to provide any supporting documents.
On the contrary, if the Home Office is unable to confirm the continuous residency through the automatic checks, the EEA national will need to provide supporting documents covering the qualifying period. Examples may include bank statements, official letters, council tax and utility bills etc.
The EEA nationals with Settles status may spend up to 5 years outside the UK without losing their status in the UK.
Pre-settled status
The EEA nationals who do not have 5 years of continuous residence will normally get the pre-settled status. To be granted the pre-settled status they will need to show they have living in the UK for at least one day. In certain circumstances, the flight ticket may suffice.
The pre-settled status is issued for 5 years and after 5 years of continuous residency the eligible EEA national can apply for settled status.
EEA nationals with pre-settled status can spend up to 5 years outside the UK without losing their status; however, if they do not meet the continuous residence requirement, they will lose their right for settlement under the scheme.
There will be no restrictions on living, working or studying in the UK for the EEA nationals with either settled or pre-settled status. We encourage the EEA nationals who have the intention to the UK soon, to do so before the 31st of December 2020 and to make an application under the scheme. From 1st of January 2021 everyone who intends to immigrate in the UK will require an immigration permission and the new point-based system will apply.
- Published in UK Immigration
A Special Visa For British National Overseas In Hong Kong
Yesterday, 22nd of July 2020, further to past announcements the Home Office published The New Immigration Route for British Nationals (Overseas) in Hong Kong which will be available from January 2021.The UK government raised concerns about the national security legislation in Hong Kong and as promised created a new immigration route for BNO nationals and their family members.
THE NEW HONG KONG BN(O) VISA
Eligible candidates will be able to apply for this route from inside or outside the UK and the initial visa will be valid for 2.5 years with the possibility to extend for further 2.5 years. After 5 years of residency under this route they can apply for Indefinite leave to remain in the UK if they will meet the rules for continuous residence and suitability requirements.
The offer was defined a generous one; in fact, there are no skills tests, no minimum income requirements and no caps on numbers and no need to have a job offer before coming in the UK. Applicants will be able to bring immediate family members with them, including children over 18 if there are compassionate circumstances.
The visa holders will be able to reside, work and/or study in the UK. However, the Home Office expects them to be self-sufficient and to contribute to the UK society. BN(O) nationals will have access to National Health Service, having paid the Immigration Health Surcharge as part of their application and school aged children will have access to public education.
WHAT ARE THE REQUIREMENTS?
The applicants will need to meet certain conditions, including the following:
- They must be ordinarily residents in Hong Kong
- They must demonstrate their ability to maintain themselves for at least 6 months
- They must demonstrate a commitment to learn the English language
- Hold a current tuberculosis test confirming they are free from TB
- They must not have serious criminal convictions
- They will need to pay the appropriate visa fee and Immigration health surcharge.
The Home Office confirmed there will be a fee for the initial visa and the extension. The amount will be confirmed in due course.
THE APPLICATION PROCESS
The Visa will be via a digital online application, on similar to the EU Settlement Scheme and will in practice mean that the majority of applications can be completed online without the need to send in physical documents by post or be interviewed.
BN(O) citizens will not need to submit fingerprints biometrics but will simply have to provide facial scanning as part of the application process. Dependents who are not BN(O) citizens instead will need to give fingerprints. The visa will be open from January 2021.
CURRENT STATUS
British National (Overseas) passports were issued to people in Hong Kong by the UK before the transfer of the territory to Chinese sovereignty in 1997. The BNO holders have currently limited rights in the UK i.e visiting the UK for 6 months without a visa.
If for some reasons a BN(O) citizen is not eligible to enter the UK under the existing immigration route the Border Force Officer may allow to enter the UK for 6 months by granting a “Leave Outside the Immigration Rules” for 6 months. Evidences will need to be shown such us identity document, BNO citizen status, proof of residency in Hong Kong and proof that you can accommodate and support yourself financially and did not committed serious criminal offences. If the UK border is not satisfied of the eligibility, they may refuse entry provided there is a good reason.
We are waiting for further updates about the process and fees from Home Office.
If you have any questions or concerns, please contact us.
- Published in UK Immigration
How To Be Qualified Lawyer in England and Wales
The English legal profession divided into two branches: Solicitors and Barristers. There are two main ways for overseas university graduates to become a solicitor in England. To begin with, individuals who holds a university degree but are not registered as a lawyer in their countries.
A- WHO HOLDS UNIVERSITY DEGREE BUT IS NOT REGISTERED AS A QUALIFIED LAWYER
FIRST STAGE: GDL (Graduate Diploma in Law)
This intensive conversion course prepares graduates for LPC. Candidates should complete this course which is an intense course built around the core curriculum and assessment requirements of the Qualifying Law Degree. This course would be suitable for those that have acquired career experience or academic/vocational qualifications the SRA considers to be equivalent to an undergraduate degree. The GDL is offered by many academic institutions as a one year full-time or two-year part-time course or by distance learning over two years. This course includes Contract Law, Criminal Law, Equity and Trusts, European Union Law, Land law, Public Law, Tort Law
SECOND STAGE: LPC (Legal Practice Course)
After completing GDL, candidate will have to take the LPC, which ensures candidate has the necessary skills to work in a solicitor’s office. The LPC can be delivered and studied in two stages: first stage is
Core practice areas of litigation – which covers the three essential practice areas of business law and practice, property law and practice and litigation. Alongside course skills, professional conduct and regulation, taxation as well as wills and administration of estates. And second stage is
Vocational electives-such as employment law, family law, commercial property law. The vocational electives focus on specialist areas of law and practice – you must study three from a range of subjects covering different aspects of practice.
Candidates can take the LPC as a full-time or part-time course It is a one-year, full-time (or two-year, part-time)
If candidate wants to be a barrister then he needs to complete the BPTC (Bar Proffesional Training Course) course succesfully. It is a qualifying postgraduate course allowing graduates to prepare and practise as barristers. It is the vocational stage of training, which you’re required to pass before you can go on to complete the final, practical stage of training; pupillage.
THIRD STAGE: TRAINING CONTRACT
The training contract it is a compulsory period of practical training in a law firm for graduates before they can qualify as a solicitor. It is usually for a period of two years, although it can be reduced if candidate have gained suitable and relevant previous legal experience. Training can take place after the LPC or whilst candidates are completing the LPC. Normally law firms prefer candidates to complete first the LPC.
This part of the qualification process will enable candidate, under supervision, to apply the skills and knowledge candidate have acquired during the academic and vocational stages. Trainee will be required to gain experience in at least three distinct areas of law and practice. It is normal, especially in the larger firms, for candidate to spend four six-month placements (called ‘seats’) in different departments. In smaller firms the training will not be so structured. Candidate should always be under the supervision of a qualified solicitor (although usually not the same one for the whole time), who will manage trainee’s workload, monitor their progress and help to train them.
University Degree
Graduate Diploma in Law
- 1 year full-time
- 2 years part-time
Legal Practice Course
Period of recognised training
Who wants to be a barrister needs to complete Pupilage instead of training contract and apply to Bar Standard Boards.
CHANGE AHEAD:
The Solicitors Qualifying Exam (SQE) is a new system of exams that will be introduced in 2021 that all prospective solicitors will have to pass to qualify. From 2021, it will no longer be required to complete a law degree or law conversion and the Legal Practice Course . Instead, candidates must pass both stages of the SQE and complete two years of qualifying work experience.
As part of the new system, candidates must still complete two years of qualifying work experience (QWE) to qualify as solicitors, but this can now be completed in up to four separate placements at different firms and other organisations. Rules have also been relaxed about when QWE is undertaken, so it is possible to gain QWE both before and after taking some of the SQE assessments.
B- FOREIGN QUALIFIED LAWYERS
If candidate is from foreign jurisdictions which are recognised by the SRA and wants to be a solicitor in England and Wales, QLTS is a fast-track route for them. QLTS ensures that the necessary standard of knowledge and skill required of a newly qualified solicitor are met. There are two separate tests that are administered on behalf of the SRA by Kaplan
QUALIFIED LAWYERS TRANSFER SCHEME (QLTS), The QLTS assessment comprises 2 parts, The Multiple Choice Test and OSCE(Objective Structured Clinical Examination)
In order to pass the QLTS assessment, candidates must pass both the MCT and the OSCE. Candidates must pass the MCT before enrolling for the OSCE.
1-FIRST STAGE: MCT (The Multiple Choice Test)
- The Multiple Choice Test (“MCT”) consists of 180 multiple-choice questions. It is a computer-based assessment
- The assessment is divided into 2 sessions of 2 hours 45 minutes each, with 90 questions in each session.
- Each of the questions on the test is followed by 5 possible answers. Candidates should choose the best answer from the stated alternatives. Each question is designed to be answered by applying fundamental legal principles to the given fact patterns. Candidates should mark only 1 answer for each question. Multiple answers will not be counted. Marks are based on the number of questions answered correctly.
2-SECOND STAGE: OSCE (Objective Structured Clinical Examination)
The OSCE forms the practical aspect of the QLTS assessments. As a candidate, you will be examined on Parts C (transactional and dispute resolution skills), D (legal, professional and client relationship knowledge and skills) and F (professional values, behaviours, attitudes and ethics) of the SRA’s Day One Outcomes.
Candidates are examined in the 3 practice areas of:
- Business
- Property and Probate
- Civil and Criminal Litigation
OSCE is divided into 2 parts as follows:
OSCE Part 1
- Client interview
- Completion of attendance note/case analysis
- Advocacy/oral presentation
OSCE Part 2
- Legal drafting
- Legal research
- Legal writing
An assessor who has been trained in playing the role of the client assesses candidates’ performance during the interviews. These assessors mark candidates purely on skills, not on the law. All other exercises are marked by solicitors and are marked on both skills and law.
FOREIGN QUALIFIED LAWYER
MULTIPLE CHOICE TEST(MCT)
OBJECTIVE STRUCTURED CLINICAL EXAMINATION (OSCE)
After completing OSCE candidates can apply to the Solicitor Regulation Authority (SRA) for admission as a solicitor of England and Wales.
On the other side, who wants to be barrister needs to complete Bar Transfer Test (BTT).
- Published in UK Immigration
The UK “points-based” Immigration System Passed The Initial Common Stage
After Brexit, the UK government has announced a new points-based immigration system which was described by Home Secretary as “firmer, fairer and simpler. Under the new system, overseas citizens applying to come to the UK for work purposes will have to meet a strict set of criteria about the applicant’s level of English, profession and qualifications.
The new system is announced to come into force on January 1,2021 and will end the free movement of person. The new system will treat EU and non-EU citizens equally. The change in rules will have affect also on business as they will need to hold a valid sponsor licence bot EU and non – EU workers.
The controversial immigration bill was voted on Monday 18th of May 2020 and passed with 351 votes to 251. Now, the Bill will be subject to further scrutiny and if passed the EU freedom of movement will end.
How Would The Points-Based System Work?
Under the new system, overseas citizens who want to work and live in the UK will be evaluated on a “points-based” immigration system, as promised in the Conservative election manifesto.
Points will be awarded for speaking English and having the offer of a skilled job with an “approved sponsor”, who will pay minimum £25,600. More points would be awarded for qualifications, the salary on offer and working in a sector with shortages. Overall, the applicants will be expected to reach 70 points to be able to work in the UK. Overseas citizens who cannot reach 70 points will be considered as low-skilled and will not be accepted to the country. The system is only introduced to us at the moment and the plan will need to be separately approved by the Parliament.
The bill has been criticised for putting into disadvantage people on lower income although they have made a significant contribution to the society and have demonstrated their value as key workers during the current crisis. Home Secretary Nick Thomas-Symonds said, “Those who clapped (for carers) on Thursday are only too happy to vote through a bill that will send a powerful message to those same people – that they are not considered by this government to be skilled workers.”
Challenges For Employers
The government emphasized that this new system would not introduce a route for lower-skilled/lower-paid workers, urging businesses to “adapt and adjust” to the end of free movement between EU countries and the UK. The new framework will represent a significant change for employers in the UK. Businesses will need to adapt to the new immigration system from 1st of January 2021. We encourage everyone to get prepared ahead of time. Contact us for more details.
Nicoleta Dumanovschi
Immigration Adviser
- Published in UK Immigration
COVID-19’s impact on UK Visa holders: latest updates.
The COVID-19 outbreak affected many spheres of our life and society including the immigration process. The Home Office introduced temporary exceptional concessions and is regularly updating it. Here you can find some key points as per today, 8th of April 2020.
People in the UK with expiring visa
As mentioned in a previous article, all visa holders with their leave due to expire between 24th of January and 31st of May 2020 and cannot leave the UK because of measures related to COVID-19 will have their leave extended until 31st of May 2020. The authorities specified no individual who cannot leave the UK because of coronavirus will be regarded as an overstayer. To get the extension the individuals will need to fulfil an online form. Please not the form is only for people who are not planning to extend their leaves and are unable to leave the UK. All people who plan to extend their leaves must do so by using the appropriate application form.
Switching
Nationals with short-term visa in the UK who wish to switch to a longer term one, can do so from the UK until 31st of May 2020. This includes application which normally should be applied from the Home Country. The application can be made online and until you receive a decision the terms of the leave will remain the same.
Application in the UK
All visa application centre within the UK are closed because of COVID-19 from 27th of March until further notice. It is not possible to book at the moment any new appointment. Those who already made an appointment will have them automatically rescheduled.
All visa holders with their leave due to expiry soon and which intend to make further application for extension, must do so as usually, before their current leave expiry. They must submit the online application form and attend the appointment once the centre will be opened. The immigration status will not be affected as a result of not being able to attend the appointment.
Unfortunately, at the moment there is no special provision for people with leave to remain due to expiry and unable to travel back to the UK to apply for extension or for people granted entry clearance who cannot now travel to the UK before the visa expires. We contacted the Home Office in regards, and they affirmed the current exceptional provisions are only for people who are in the UK.
NHS Workers
On the 31st of March 2020 the Home Office announced that NHS workers and their families with leave due to expire by 1st of October 2020 will get a free-one-year extension and exemption from Immigration Health Surcharge. The HO will contact the NHS employer to identify who is eligible for extension. They also lifted the restriction on number of hours they can work in the NHS.
Sponsor duties and PBS
The Home Office guidance stated they will not make enforcement actions against sponsors who continues to sponsor students/employees despite absences due to coronavirus. The sponsors should comply as much as possible with their duties, however if they cannot comply because of the COVID-19 and are taking reasonable steps, will not be penalised.
Sponsors are not required to report absences of workers/students related to COVID-19, however they need to maintain a record of migrant’s absences as referred in the Sponsor guidance.
The Home office published further guidance in relation to Job Retention Scheme and sponsored employees stating, “You can temporarily reduce the pay of your sponsored employees to 80% of their salary or £2,500 per month, whichever is the lower.” The reduction must be temporary and once arrangement is ended the salary must return as previously.
Migrants having been placed as furlough do not have to worry about breaching their conditions of stay as the Job Retention Scheme is not defined as public funds.
Settlement Scheme
The Home Office advised the applications for settlement scheme will continue to be processed but they will take longer than usual.
The telephone helpline is currently closed but the Settlement resolution centre will continue to respond to email enquiries.
The postal route for submitting identity evidence is suspended and the ID scanner locations are closed. Applicants can still use “the EU Exit ID Document check app” to complete the identity stage.
The deadline for the application is 30th of June 2021.
This are the latest updates from Home Office. We, LexLegal, will keep you up to date with new provision related to the coronavirus pandemic. If you require specific advice with the above issues, please do not hesitate to contact us for further guidance.
- Published in UK Immigration
COVID-19: Home Office Will Automatically Extend Your Visa if Affected By Travel Restrictions or Self-Isolation.
On the 24th of March the Home Office published a new guidance stating all people in the UK affected by measures related to Coronavirus with their leave expiring between 24th of January and 31st May 2020 will have their visa automatically extended until 31st of May 2020. This is an extraordinary measure which applies retrospectively. The Home Office aimed to ensure individuals they will not be penalised for overstaying their visa when the situation is out of their control because of coronavirus.
A dedicated COVID-19 immigration team has been set up within UKVI. Anyone with expired visa who cannot leave the country because of self-isolation or travel restrictions must send email to CIH@homeoffice.gov.uk to let them know their visa has expired and they will be issued with an extension until 31st of May 2020.
Please not this refers only for individuals with expired visa who intend to leave the UK but cannot return to their country because of travel restrictions. The Home Office also stated that during these unique circumstances’ individuals will be able to apply from the UK to switch to a long-term UK visa until 31 May. This mean people can switch certain visa type from the UK while normally they would have to leave the country and apply outside UK. At the moment, there are no provisions for people with valid leave who are unable to travel to the UK because of travel ban. There is a risk, they may not be able to extend their visa. As soon as the home office will provide further guidance, we will update our clients in regard to their situation. We, LexLegal, recommend everyone with leave to remain in the UK who want to extend their residence in the UK make their applications before the visa expiry date in order not to lose their rights. The UKVI team said it will continue to process applications, however it may take longer than usual because of the exceptional circumstances.
- Published in UK Immigration
Coronavirus Job Retention Scheme
“For the first time in our history, the government is going to step in and help to pay people’s wages” said The Chancellor Rishi Sunak and introduced a new “Coronavirus Job Retention Scheme” this Friday evening.
According to this scheme, any business– small or large, private company, charitable or non-profit- in the country will be able to apply to HMRC for payments of up to £2,500 per worker per month. That means workers in any part of the UK can retain their job, even if their employer cannot afford to pay them, and be paid at least 80% of their salary.
The Coronavirus Job Retention Scheme will cover the cost of wages backdated to March 1st and will be open initially for at least three months and The Chancellor promised to extend this date for longer if necessary.
He also said;
• VAT for all businesses is being deferred until the end of June and the business loan scheme will now be interest free for 12 months.
• Tax self-assessments will be deferred until the start of next year.
• Universal Credit (which is a benefit payment for people in or out of work) allowance increases £1,000 a year.
• The self-employed will get full Universal Credit at a rate that is equal to sick pay, and a further £1bn to cover 30% of house rental costs.
Statutory sick pay (SSP) is paid up to 28 weeks to employees who are ill and unable to work. Those who follow advice to stay at home and who cannot work as a result will be eligible for the SSP. However, the UK has one of the lowest rates of SSP in Europe at just £94.25 per week, meaning many employees could suffer.
Although this new scheme was welcomed by employees, it was found inadequate and deeply disappointing by the self-employed. Since this scheme is pushing the self-employed into inadequate benefit packages.
Mr Sunak also promised further measures next week to ensure larger and medium sized businesses will be able to access the credit they need.
On the other hand, Prime Minister Boris Johnson warned people about not going out and to “to protect the NHS and save lives“. Cafes, pubs, bars, restaurants, theatres, cinemas and gyms across the UK have been told to close on Friday night and not reopen – except for takeaway services.
However, he ruled out shutting down major transport networks, highlighting its importance for delivering crucial public services”.
- Published in UK Immigration
Global Talent Visa
Talent Visa, On the 8th of August 2019 it was announced that The Home Office will launch a new immigration visa which will substitute the Tier 1 Exceptional Talent Route. Individuals with skills and experience in science, technology, engineering and similar will be eligible to apply (STEM fields). We may define this a significant step which will allow Britain to attract “best minds from around the world” and to enhance “the intellectual and knowledge base in the UK”.
- Published in UK Immigration
Valid Visa, Expired Passport?
Recently we have experienced an increasing number of individuals who need help with an expired passport even though they possess a UK visa. UK law allows a foreigner to remain in the country and use the visa with an expired passport, but this is something many feel uncomfortable with.
- Published in UK Immigration
UK Visa for Unmarried Partner
An excellent notion is the unmarried partner visa in the UK. It was set in place for individuals who are not ready for marriage or marrying only to get a UK visa. Please continue to read more about UK Visa for Unmarried Partner.
The UK immigration rules are commended for making provision for individuals who do not marry but are in long-time relationships.
- Published in UK Immigration