From time to time we will post news articles and announcements relating to the Firm and about various legal issues that may be of interest to you.
Non-EEA nationals applying for a UK visas lasting more than 6 months required to submit biometric information and enter the UK on temporary short-term visas.
Whom does it apply?
This new immigration rule fundamentally changes the way in which non-EEA nationals entered the UK to date. It will impact on all types of overseas such as those applying for spousal visas applying under Appendix FM of the Immigration Rules, or for example students applying for Tier 4 (General) on a course which lasts more than 6 months.
This new rule also applies to Tier 1 Investors. It coincides with the rule change in this category which came into force in April 2015, requiring Tier 1 investors to double their investment from £1 million to 2 million. They can now also choose to spend less time in the UK to suit their business or personal requirements.
What's actually changed?
Applicants will still have to submit their biometrics (fingerprints and digital photo) data in their country of origin, but instead of a visa being endorsed onto their passports if their application is successful, they will receive a temporary 30-day vignette to enter the UK.
Upon entry to the UK, the applicants will then have 10 days to collect their BRP (Biometric Residence Cards) cards from the post office designated on the decision letters. If an applicant delays coming into the UK after the grant of the 30-day visa. They will be refused leave and will have to obtain another visa. This will delay their entry to the UK and increase costs.
It is important to consider the date of travel carefully before submitting the application and to ensure that it is accurate as applicants will not be allowed into the UK if they do not travel within the 30 days of the date that they said they intend to travel when applying.
How do 30 day visas impact on Employer's Right to Work Checks?
An employer is obliged to conduct right to work checks on all employees before they commence employment as a matter of course. If an employee offers a 30 day vignette as evidence of their right to work, an employer can still employ him or her, but only if the short-term visa remains valid. However, employers must diarise expiry and ask the employee to bring in the new BRP so that they conduct a new right to work check.
If you would like to know more about how these new immigration rules could affect you call us on 0203 540 6340 to speak to one of our immigration solicitors. Alternatively, email us on firstname.lastname@example.org or complete our online enquiry form.