Ringing the changes

Maria Fernandes, Fernandes Vaz Solicitors Friday 15th April 2022 07:34 EDT
 

Immigration concessions for Ukraine nationals

It is important to remember that any concessions that exist are connected to Ukrainian nationality alone and do not cover other nationals caught by these events. 

There is already a well-publicised Family Scheme and the Home for Ukraine Scheme. There continue to be significant delays in the operation of these schemes. 

Starting on 3 May 2022, there will be a new scheme, called the Ukraine Extension Scheme for Ukrainian nationals in the UK who are in the UK and had permission to stay in the UK on or before 18 March 2022. It also covers those who had left which has expired since 1 January 2022. A partner and children also qualify if currently in the UK as dependants. There will be a grant of 3 years with the ability to work and claim public funds.

There are many employers who wish to bring in skilled staff under Tier 2 who have fled from Ukraine and are in Poland. One of the conditions for employing a skilled worker includes meeting an English test. The Home Office was asked whether they would consider exercising their discretion to waive, suspend or impose conditions on this requirement but have refused to consider any of the options. However, the requirement for producing TB certificates or criminal records has been waived. 

Scale-up route (from 22/08/2022)

A new immigration route aimed at start-ups and fast-growing firms to recruit highly skilled migrants without the need for sponsorship or third-party endorsement.  

The route in brief requires an employer to prove annual growth of 20% for the previous 3-year period in terms of turnover or staffing and have had a minimum of 10 employees at the start of the 3-year period. There is likely to be a process of registration by the employer although this is not yet clear. 

The job offer above must be for a graduate-level position level at a minimum salary, at least £33,000 per year or the going rate for the particular occupation, whichever is higher. 

 

Extensions will be granted for 3 years.

A person employed under this scheme must work for the same employer for at least 6 months and thereafter can work at any skill level for any employer for the rest of the period.

This route leads to settlement. 

The High Potential Individual route (from 30/05/2022)

Applicants with a bachelor’s or postgraduate degree qualification from one of the top global universities outside the UK awarded during the last 5 years from the date of application will qualify for entry for 2 years if they hold a qualification equivalent to a UK Bachelor’s or Master’s level degree, or 3 years with a PhD.  They will be permitted to work full time at any skill level.


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