Country Update 2021: UNITED KINGDOM
- Kingsley Napley LLP
- Jun 30, 2021
- 2 min read
Contributed by: Kingsley Napley LLP
May 2021
1. Legislative Changes
The UK’s Immigration Rules are in the process of being rewritten: https://www.gov.uk/guidance/immigration-rules. Most of the substantive changes relate to the Skilled Worker route, which has replaced the old Tier 2 (General) visa category.
2. Business Immigration
Business visitors. No significant changes.
Temporary immigration categories. There is a new British National (Overseas) visa. This is open to people from Hong Kong who registered as a British National (Overseas) – a special type of British nationality – before Hong Kong was handed over to China on 1 July 1997: https://www.gov.uk/british-national-overseas-bno-visa
Employment-based immigration (work and residence permits). Major changes following the introduction of the Skilled Worker route: resident labour market test abolished, annual cap on visas suspended, skill level and salary level lowered: https://www.kingsleynapley.co.uk/services/department/immigration/the-uks-new-immigration-system-what-you-need-to-know
Highly Skilled immigration (Blue Card etc). No significant changes.
Investment-based immigration (Investors/Entrepreneurs). No significant changes.
3. Family based immigration
No significant changes.
4. Asylum
Since 1 January 2021 the Dublin III Regulation no longer applies to the UK.
A New Plan for Immigration policy statement was published in March 2021 containing radical proposals such as these:
“Anyone who arrives into the UK illegally – where they could reasonably have claimed asylum in another safe country – will be considered inadmissible to the asylum system, consistent with the Refugee Convention. We will clarify key elements of the Refugee Convention in UK law.”
“We will also amend … the Nationality Immigration and Asylum Act 2002 so that it is possible to move asylum seekers from the UK while their asylum claim, or appeal is pending.
This will keep the option open, if required in the future, to develop the capacity for offshore asylum processing - in line with our international obligations.”
5. Deportation
Since 1 December 2020 visas must be refused or cancelled if the person has been convicted of a criminal offence for which they have received a custodial sentence of 12 months or more: https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-9-grounds-for-refusal
6. Citizenship
No significant changes.
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