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Care Workers to become eligible for Health and Care Worker Visas

7th January 2022 By wesleygryk

On 24 December 2021, the Department of Health and Social Care announced that certain categories of care workers would be added to the Shortage Occupation List, and therefore become eligible to apply for a 12-month health and care worker visa as of early 2022.

The announcement comes after the Migration Advisory Committee (MAC), an independent public body which advises the government on migration issues, highlighted in its annual report that it was becoming more difficult for care providers to recruit and retain workers. One of the reasons for this is that, after, Brexit care workers can no longer be recruited as before from the European Economic Area. In that same report, the MAC recommended that the UK government make care workers and home carers immediately eligible for the health and care worker visa, as well as adding these occupations to the Shortage Occupation List, a list of occupations where the UK government believes employers are facing a shortage of labour.

A health and care worker visa allows medical professionals to come and work in the UK in a job with the NHS, an NHS supplier or in adult social care. At the moment, only senior care workers can apply for a health and care worker visa. The government’s announcement, however, means that care assistants, care workers, carers, home care assistants, home carers and support workers (nursing home) will soon become eligible to apply for this visa.  Adding these occupations to the Shortage Occupation List means that employers can sponsor care workers at a minimum salary of £20,480 per year, which is lower than the minimum salary threshold normally needing to be met for a health and care worker visa.

The government has stated that this is a temporary measure in place for 12 months, while the care sector copies with the ongoing pandemic, after which it will be reviewed. While the government states that a health and care visa will offer care workers a route to indefinite leave to remain if they remain employed and wish to remain in the UK, future Home Office guidance would have to clarify how this would be possible if care workers were to be later removed from the Shortage Occupation List and no longer eligible to apply under the health and care visa route. The government has not yet updated its rules and guidance on the health and care visa route to account for care workers, although they are likely to remain similar to the ones currently in place.

If you require immigration advice in relation to the issues above, we would be happy to help.  Care providers who are looking to recruit care workers from overseas would need to hold a Home Office licence allowing them to sponsor under the health and care visa route, and we would be happy to advise about these issues too. Please do not hesitate to contact us on 020 7401 6887 or by email at contact@gryklaw.com.

Filed Under: News and Updates

Global Talent – How talented do you have to be?

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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

Filed Under: News and Updates

Home Office announces ILR concession for young adults

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12th November 2021 By Andrew Jones

Migrants who are granted leave to remain on the basis of their private life are granted 30 months’ leave to remain on a 10-year route to settlement (indefinite leave to remain). One private life route in the Immigration Rules applies to young adults, and says that they will be granted 30 months’ leave to remain where they are aged between 18 and 25 years old and have spent more than half of their life in the United Kingdom. If granted, they will normally need to continue to extend that leave until they have had leave to remain in that category for 10 years. Only at that stage can they apply for indefinite leave to remain.

However, on 21 October 2021, the Home Office released guidance regarding a concession to grant indefinite leave to remain early for young adults who have lived most of their lives in the United Kingdom. Under the new policy, so long as certain criteria are met, the applicant may be granted indefinite leave to remain after just five years.

Who does this concession apply to?

The guidance states that an applicant will be able to apply for indefinite leave to remain after just five years (as opposed to 10 years) where they:

        • are aged 18 or above but under the age of 25
        • have spent at least half of their life living continuously in the UK (discounting any period of imprisonment)
        • have either been born in, or entered the UK, as a child
        • have held five years’ limited leave
        • be eligible for leave under the private life grounds and have made an application under the private life rules

Where an applicant meets those requirements, the Home Office will take the following factors into account when considering whether to grant ILR after just 5 years:

        • the person’s age when they arrived in the UK
        • the length of their residence in the UK (including unlawful residence)
        • the strength of their connections and integration to the UK
        • whether unlawful residence in the past was the result of non-compliance on the part of the applicant or their parent/guardian whilst the applicant was under the age of 18
        • efforts made to engage with the Home Office and regularise status
        • any leave currently held and length of continuous lawful leave
        • any period of any continuous leave held in the past
        • whether (and the extent to which) limited leave to remain will have a detrimental impact on the person’s health or welfare

Why has the Home Office done this?

The Immigration Rules allow migrants to apply for indefinite leave to remain after five years where they can meet the requirement of the family routes. If they cannot, they may be granted under the exceptions to the family rules, or on the basis of their private life. However, to reflect the fact that they cannot meet the requirements (in particular where they did not have valid immigration status), they are placed on a longer, 10-year route to settlement. The Home Office states that this is to, “encourage compliance with the core requirements of the Immigration Rules and encourage integration into society.” They add that, “The longer timeframe signals that a person should not benefit from the same entitlement as those who are compliant.”

However, following campaigning and litigation from organisations such as We Belong and Islington Law Centre, the Home Office has now accepted that this punitive approach is not necessarily appropriate in the context of young adults who were born in the UK or came here as children. Any failure to comply with the requirements of the Immigration Rules cannot be said to be the fault of children who were travelling and living with their parents. To reflect this, they have introduced this concession to allow some young adults in that position to apply for indefinite leave to remain after five years.

So, what does this mean?

This should mean that many young adults are eligible to apply for indefinite leave to remain immediately. It will also significantly reduce the time others will need to continue to wait until they become eligible. For these applicants, who may well consider themselves British in all but name, and for many of whom the United Kingdom will be the only country they know, they can achieve security in their immigration status which would have otherwise remained precarious long into adulthood.

However, this is a concession to the usual rules, and not an amendment to the rules. As such, it remains at the discretion of the Home Office whether to grant indefinite leave to remain depending on the applicant’s circumstances. The guidance is clear that those who have status dependent upon a parent or parents with leave to remain under Appendix FM are expected to continue on that route to settlement. In addition, the wording of the guidance is not totally clear and, as it is brand new, it can be tricky to predict how the Home Office will treat borderline cases. The concession does not appear to include those young adults on the private life route, granted because they were aged between 18 and 25 years old and had lived half of their lives here, but who are now over the age of 25. It would appear unfair and inconsistent to exclude them, but based on the wording of the guidance they appear unable to rely on this concession.

Overall, however, this marks a very positive and welcome change which could transform the lives of many young people in this country.

If you would like more information or advice on how this may affect you or your children, we can help.  Please contact us on 020 7401 6887 or by email at contact@gryklaw.com.

Filed Under: News and Updates Tagged With: ILR, Indefinite leave to remain, Private life

Automatic extension of leave – some good news

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28th October 2021 By Katie Dilger

 

Clients often ask whether they can continue to work while an application is outstanding.  The answer is generally yes, provided that they were permitted to work before and made a valid in-time application.  This is because leave is automatically extended by law while an in-time application is pending.

Leave is also extended if the application is refused and the person submits an in-time appeal or application for administrative review.  The person’s leave only falls away once the appeal rights or the administrative review is no longer pending.

When leave is extended in this way it is called “section 3C leave” after the provision of the Immigration Act 1971 which sets out the mechanism for leave to continue.

Section 3C leave is incredibly important because it keeps people here lawfully.  It prevents a person from losing their job or an entitlement to access NHS treatment free of charge.

Earlier this year the Court of Appeal looked at what happens to section 3C leave when a person lodges an appeal out of time.  For example, a person normally has 14 days to lodge an appeal against the refusal of an in-country application for leave as the partner of a British citizen.  If the person who has section 3C leave lodges the appeal in time, their section 3C leave will continue while the appeal is pending. What the court looked at is what happens if the appeal is late.

The Court of Appeal concluded that section 3C resurrects from the date the appeal papers are lodged, provided that the Tribunal later grants the person extension of time for the lodging the appeal papers.  In late October 2021, the Home Office updated its guidance to reflect this.  This is available at 3C and 3D leave – GOV.UK (www.gov.uk).

This development may be very useful for individuals and families who have missed an appeal deadline but were previously lawfully present with section 3C leave.  Provided the Tribunal grants the extension of time, they will become lawfully present again from the date the appeal papers were lodged.  This does not, however, assist those who lodge late appeals and did not have section 3C leave at the date the application was refused.

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

 

Filed Under: News and Updates

The new International Sportsperson visa

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22nd October 2021 By Imogen Simpson

As of 11 October 2021, the Home Office have introduced a new visa route for professional sportspeople and coaches entitled the International Sportsperson visa. This will be replacing the previous Tier 2 Sportsperson and Tier 5 Sporting and Creative Worker categories for sportspeople, and combining them into one category to make applications more straightforward.

The key requirements an individual will need to meet to obtain a visa under this category are as follows:

  • they must be 16 years of age or older;
  • they must have an endorsement from their Governing Body confirming that they are internationally established at the highest level and will make a significant contribution to the development of their sport at the highest level in the UK (the list of approved sporting bodies can be found under Appendix Sports Governing Bodies: Immigration Rules Appendix Sports Governing Bodies – Immigration Rules – Guidance – GOV.UK (www.gov.uk));
  • they must have been assigned a valid Certificate of Sponsorship by their sponsor;
  • they must satisfy the financial requirement; and
  • they must meet the English language requirement if applying for a period of leave that is longer than 12 months.

This will be a route to settlement, and dependants will be able to apply under this visa category in line with the main applicant.

This visa allows the visa-holder to undertake work for their national team, should their national team be in the UK for a competition, as well as provide expert guest commentary for sporting events.

The introduction of this singular visa route for professional sportspeople and coaches is a welcome simplification of the application process and guidance for those in the sporting profession. Furthermore, it will allow for Creative Workers to fall under its own distinct route, in recognition of how different the two sectors are.

For more information on the requirements for this visa category please see the Home Office’s guidance: Immigration Rules Appendix International Sportsperson – Immigration Rules – Guidance – GOV.UK (www.gov.uk)

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

Filed Under: News and Updates Tagged With: Immigration, news and updates, sponsorship, sportsperson

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wesleygrykllp Wesley Gryk LLP @wesleygrykllp ·
26 Jan

In December 2022, the High Court ruled that the way the government is implementing the EU Settlement Scheme is unlawful.

Our Beatrice Windsor (@bearosewindsor) explains the judgement: https://www.gryklaw.com/high-court-rules-that-potential-loss-of-rights-for-those-with-pre-settled-status-under-euss-is-unlawful/

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24 Jan

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12 Jan

At the end of last year, the High Court ruled that the Home Office's plan to remove some asylum seekers to Rwanda was lawful. Our Elena Musa explains the judgment: https://www.gryklaw.com/high-court-rules-that-rwanda-plan-is-lawful/

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13 Dec

Tech Nation, one of the Global Talent endorsing bodies, has recently published a report about Global Talent visas.

Our Alison Hunter explains what this report says, assesses the likely impact on Global Talent applications and summarises the process: https://www.gryklaw.com/global-talent-in-the-uk/

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