Alison Hunter

The EU Settlement Scheme – where are we now?

10th July 2023 By Alison Hunter

As the EU Settlement Scheme approaches five years date its start date, it is an interesting point to take stock of what has happened and what is currently happening.

As of 31 March 2023, the EU Settlement Scheme had received 7.2 million applications, of which roughly 50% were granted settled status and just under 40% have been granted pre-settled status. The balance were refused, withdrawn, void or invalid applications.

For those who were granted pre-settled status early on in the process, and the first of those would have been in August 2018, their five years of this status will shortly be coming to an end. Had it not been for the judicial review brought by the IMA, to remain legally in the United Kingdom, they would now have had to apply for settled status. As we know from this case (which you can read more about on our previous blog), the Home Office has conceded that applicants with pre-settled status do not need to apply for settled status. However, as of yet, they have not provided any guidance or any indication of what they intend to do with people in this situation. It is therefore difficult to assess how easily these people are going to be able to prove specific rights that they have, such as the right to work or right to benefits or how they will show a landlord that they are legally residing in the United Kingdom if they do not apply for settled status. Our current advice therefore remains that people should apply for settled status before their pre settled status expires. We know that this will give our clients the ability to prove their immigration status. Obtaining settled status is also still going to be essential if somebody wants to naturalise to become a British citizen in the future.

One of the other difficulties that we are aware are the significant delays in administrative reviews. An administrative review is a way of challenging an initial decision made by the Home Office. Unfortunately, these are currently outstanding at the Home Office for roughly a year, causing clients to be left in limbo without knowing whether or not they will be able to gain status in the United Kingdom. Many clients may want to look at a different way of resolving their immigration issue such as reapplying and we can discuss that option with you if you find yourself in this situation.

Although the Home Office initially stated that the EU Settlement Scheme was to close on
30 June 2021 for new applicants, they have since then been accepting late applications. In general, the Home Office have taken a very reasonable view of how to deal with these cases and have not forced clients to provide detailed reasons as to why the application is late. However, we are finding that clients, for example who are not living in the United Kingdom but have a historical five-year period of residing here and have returned within five years of leaving the United Kingdom, are routinely having their applications refused. Our input has been used successfully to have such cases overturned.

If you are affected by any of the issues addressed above or anything else in relation to the EU Settlement Scheme and would like expert legal advice, please do not hesitate to contact us at enquiries@gryklaw.com or on 020 7401 6887.

Global Talent in the UK

13th December 2022 By Alison Hunter

One of the endorsing bodies, TechNation has recently published its report about the Global Talent visas which are endorsed by TechNation. It includes some very interesting statistics:
• Roughly 2,500 Global Talent visas have been granted in this category;
• A quarter of the Global Talent migrants own their own company;
• 73% of investment in this sector comes from overseas;
• 18% of UK Tech scale ups have at least one non-UK founder; and
• The overall sector valuation is considered to be roughly £1 trillion.

In short, the government sees the technology sector as a growth industry and wants to continue to attract highly skilled tech professionals. Currently, the UK is home to the third most valuable tech economy in the world, behind only the United States and China. The areas span a wide range of industries, including health, finance and energy.
In total, there are now roughly five million people working in UK tech start-ups and scale-ups which is a two million increase over the figures in 2019. Not only are the jobs in tech occupations, but the industry also provides opportunities to people in HR, legal, finance and sales.

Over a 120 different countries are represented in the applicants for the Global Talent tech visa. It is entirely likely that demand for highly skilled tech talent will continue on an upward trend in the future, particularly as domestic supply is unlikely to be able to fulfil the necessary demand for jobs.
Applying for a Global Talent visa is a two-stage process. The first stage is to present an application to an endorsing body, such as TechNation, with evidence to show that you are a leader in your field or that you have the potential to become a leader in your field. Although this may sound daunting, but clear guidance and support means that all sorts of people with very different ideas can make successful applications.

If you are interested in pursuing this route, we have expertise in guiding people through the Global Talent visa structures and helping them get endorsements from Tech Nation but also Arts Council England and the endorsing bodies for Academics. Please contact us on 020 7401 6887 or at Alison@gryklaw.com.

Global Talent – How talented do you have to be?

26th November 2021 By Alison Hunter

The so-called “prestigious prize” visa route was launched in May of this year and was intended to make it easier for academics or researchers to apply to come to the United Kingdom. At the time of the launch of the visa, the Home Secretary, Priti Patel, stated:

Winners of these awards have reached the pinnacle of their career and they have so much to offer the UK. This is exactly what our new point based immigration system was designed for – attracting the best and brightest based on the skills and talent they have, not where they have come from.

It has been widely reported in the Press recently that not a single scientist has applied under the fast track visa route which was intended for prize award winners in science, engineering, the humanities and medicine. Many scientists have been dismissive of the scheme stating it is far too narrow and would only allow a tiny handful of talented people to apply.

But does the Global Talent visa allow people who are not necessarily at the ‘pinnacle’ of the scientific world or creative world to apply? The answer to this is a resounding ‘yes’.

The Global Talent visa allows people who are leaders in their field or potential leaders in their field to apply and be endorsed by a designated endorsement body such as Tech Nation, the British Academy, the Royal Society for Science and Medicine, or Arts Council England. The beauty of the visa is that an individual does not need to be sponsored by their employer and has access to the labour market in the United Kingdom as an employee or on a self employed basis. So for example, academics can work at a university without being tied to them. Actors, performers and musicians can develop their careers in the United Kingdom, supporting themselves for example through teaching. Those endorsed by Tech Nation may have technical skills or business skills in the field of technology and can come here to develop businesses or run their start ups. In short, a large number of people are able to qualify, even if they are towards the beginning of their careers.

The process is a two stage process: an applicant initially applies to the endorsement body and if endorsed can then apply for a visa. This is a category which leads to indefinite leave to remain, although of course there are some criteria that need to be fulfilled before that is possible, including showing that you have worked in your field of expertise in the United Kingdom.

So despite the off putting headlines that nobody has been granted a fast track visa and that you have to be unbelievably talented and experienced, this does not paint the full picture. Successful cases for Global Talent visas have ranged from applicants just leaving university, to people who are well established in the field in which they have built their career. If you fall within the remit of one of the endorsement bodies, it may well be worth you looking at the criteria which they assess against to see if you may be eligible.

We have expertise in submitting applications to the various endorsement bodies and are able to guide applicants through the process. If you would like to discuss a possible application with us further, please do not hesitate to contact us on 020 7401 6887 or contact Alison@gryklaw.com

EU Settlement Scheme – when to apply?

11th June 2021 By Alison Hunter

The simple answer to that is “now”.

The deadline for most EU/EEA and Swiss citizens and their family members to apply for the EU Settlement Scheme is 30 June 2021. It is important to understand that most EU/EEA and Swiss citizens and their family members need to make an application to ensure they secure their existing rights beyond 30 June 2021. This includes people who hold a permanent residence document or an EEA biometric residence card.

Who does not need to apply?

People who have obtained indefinite leave to remain in the past do not need to apply under the EU Settlement Scheme but may decide that they want to as it will allow them to be registered with the Home Office and given a mechanism to prove their immigration status digitally, which may be useful in the future.

Equally, Irish citizens do not need to apply but may do so if they wish. Irish citizens are allowed to live and work in the United Kingdom going forward purely on the basis of their Irish nationality.

What happens if you miss the deadline?

First and foremost try not to. Remember that an application is submitted on the day that it is triggered on-line, that is to say the day that you press the button on the on-line form to send it to the Home Office. If you need to upload documents after this date that is still possible and the date of application will still be the date that you triggered the application.

However, if you do miss the date, the Home Office has now provided guidance which will allow you to explain why you missed the date and a caseworker can exercise discretion to still grant an application. The best advice is to apply as quickly as possible, with evidence as to why the application is late. The evidence could for example include proof of a medical reason why the application has been delayed.

Applications which can still be made

Although the EU Settlement Scheme deadline is 30 June 2021, there are still plenty of applications that can be made after this date. These include from spouses where the couple were married before 30 December 2020 and from children. Applications can be made for these family members to join an EU/EEA or Swiss citizen in the United Kingdom. The procedures will vary depending on whether the applicant is in the United Kingdom or abroad.

The application

Most applications are straightforward and can be done with the EU Exit app on a smartphone and by completing the on-line form. If you do though need advice, either guiding you through the application, or with questions about applications for family members, please do not hesitate to contact us on contact@gryklaw.com or by telephone 020 7401 6887.

European Update: The Good and the Bad

28th May 2020 By Alison Hunter

On 14 May, the government issued a new Statement of Changes to the Immigration Rules. And once again it included changes to the European Settlement Scheme. Some were small in nature and a tidying up exercise to deal with small omissions or inconsistencies. However, there were two important substantive changes.

The good news is that protection has been extended to those in durable relationships to ensure that if their relationship with a European national breaks down due to domestic violence, they should be able to remain in the United Kingdom in their own right. This comes into force from 4 June 2020.

From 24 August 2020, the rule changes will also allow for dual British and Irish nationals born in Northern Ireland to rely on their Irish nationality to bring dependants to reside with them in the United Kingdom. This allows for a less onerous set of rules to be applied to them, ensuring there is no need for them to fulfil stringent financial requirements, which apply to British people sponsoring their family members.

This was however swiftly followed on 15 May 2020 with some far less welcome news: the new naturalisation guidance clarifies that European citizens who did not hold comprehensive sickness insurance while they were students or self sufficient, or were not exercising a Treaty right during the qualifying period for naturalisation, can be considered to have been in breach of immigration law. This means that if a European national is applying to naturalise having obtained settled status they will still need to show that they fulfilled these requirements during the five year period (or three year period, if married to a British Citizen) before making the application. Unlike under the European Settlement Scheme, where residence in the United Kingdom on its own is sufficient to ensure a grant of status, a successful naturalisation application may need to go beyond mere residence for the qualifying period, if an applicant did not hold pre settled or settled status for part of the period. Home Office caseworkers now have to check whether applicants can be considered to be in breach of immigration law and can request further information to reassure themselves that such time spent in the United Kingdom was ‘on a balance of probabilities’ in accordance with the law. I should add that the guidance also states that it will be possible for caseworkers to waive the requirement on a discretionary basis but without giving any further guidance as to when that would be deemed appropriate.

Given the £1330 fee attached to a naturalisation application, applicants should ensure that they really do qualify before making this payment to the Home Office as only £80 (the cost of the citizenship ceremony) would be reimbursed if the application were refused.

If you require immigration advice in relation to the issues above, we can help. Please contact us on 020 7401 6887 or by email at contact@gryklaw.com