At the start of 2024, changes were made to Britain’s immigration policy affecting all foreigners planning to travel to the United Kingdom. These amendments will affect both those considering the country as a new place to live and those coming only temporarily, for work or study. Why have such far-reaching measures been taken and how will new visa applicants be impacted? Which visa programmes are currently the most popular and what are the paths to acquiring British residence? Find out this in-depth interview with Irina Melnikova, professional immigration counsellor and Head of City Business Group.
What changes have there been in British immigration policy? Who will be most affected and what is the rationale?
A series of changes affecting visas have been in force since the start of the year, the first being an increase in the cost of the visas themselves. For example, a hike in consular fees means the price of a five-year Visitor visa has increased from £636 to £771. Secondly, insurance is required for the visa’s entire validity period and the cost of this has risen from £630 to £1,035 per person. Like all fees connected to immigration, these are paid when applying for the visa. Thirdly, the minimum income threshold has gone up from £26,200 to £38,700 a year. New requirements have also been introduced for Skilled Worker visas, which all foreigners coming to the UK to work must have; a sponsor certificate is now necessary to apply. These can only be issued by an employer with a sponsor licence permitting the recruitment of foreign workers. The changes have also affected Student visas, which, from 1 January 2024 have no longer allowed dependent family members to be brought to the country. The increased cost of visas and insurance will affect those submitting their documents this year. I believe the increased financial requirements are largely motivated by internal changes in Britain's immigration policy. The basis for raising the minimum income threshold is the country's desire to attract high-calibre professionals and reduce the tax burden on social spending caused by an influx of lower earners with access to public funds.
For quite a long time now, there has been discussion of Britain potentially leaving the European Convention on Human Rights and the possible replacement of the 1998 Human Rights Act with a proposed British Bill of Rights. One aim of these measures was to change the procedure for asylum applications on British soil. Although the government paused its attempts to pass the Bill in the summer of 2023, an Illegal Migration Bill was passed, slightly modifying immigration law. Migrants arriving in the country illegally can no longer remain here, instead, they will be detained and immediately deported, either to their homeland or a safe third country. On April 23, Parliament approved a bill allowing migrants who have arrived in Britain illegally to be deported to Rwanda. Expulsion flights may begin this summer. One of the main factors pushing Britain to leave the European Union was the desire to protect her borders from illegal immigration. Brexiteers believed leaving the EU would take back control of immigration policy and strengthen measures against illegal entrance to the country. They saw EU membership as depriving Britain of independence in immigration matters by requiring the UK to observe the bloc’s rules and ignore her own national interests. However, despite the government’s efforts, the current situation shows that the Human Rights Act ensures anyone with valid grounds can apply for asylum, even if they have entered the country illegally. The Act requires Britain to consider all applications. The upshot is that legal obligations remain a significant factor in immigration policy even after the return of national control over the influx of migrants and recent attempts to curtail illegal immigration across the Channel. A paradoxical situation has arisen, further demonstrating the complexities of Britain's current immigration policy and the interplay between national sovereignty and the norms of international law.
What programmes currently allow British residence to be obtained?
First of all, there’s the Global Talent visa, which is issued for three or five years, depending on the type. After the validity period ends, if you meet the requirements, you can apply for Indefinite Leave to Remain (ILR). Secondly, there’s the Innovator Founder visa, for startup creators and other innovators. These are issued for three years and can be prolonged while the business is developing. Alternatively, if the necessary conditions are met, with this visa you can apply for ILR. Thirdly, there are Tier 2 Skilled Worker visas, which are granted for five years. To receive one, you need a sponsor certificate for a job with a salary of £38,700 or more at a company with a sponsorship licence allowing the recruitment of foreign personnel. After five years, you can receive ILR, as long as the company employing you still has its sponsorship licence when you submit your citizenship application. The fourth option is a Partner or Spouse visa. To receive this, you must be in a relationship with a British citizen or resident with the appropriate status earning at least £29,000 a year. It’s also necessary to prove the relationship has lasted at least two years. (From 2024, you no longer have to prove you live together). These visas are issued for five years and it is possible to apply for citizenship when they expire, as long as your partner is a UK citizen at that time.
What are your areas of expertise? What visa types do you specialise in?
I have been working on immigration issues for ten years now and for the last two years, I’ve been doing it in Britain. Mostly we deal with business immigration, but we arrange all forms of settlement visas currently available. The main ones we’re currently handling are Global Talent and Innovator Founder visas, which are the most popular. We also deal with Student and Skilled Worker visas, as well as the various Family visas such as the Partner or Spouse visa. Additionally, we help companies receive sponsorship licences so they can recruit foreign staff and boost their competitive advantage with their access to highly skilled overseas workers. Our company also helps with visa applications for those leaving the UK for third countries, typically in the Schengen Zone or North America.
Who are your clients?
Most often we are approached by Russian-speaking clients currently based outside Britain who are considering relocation to the UK. Often they are in countries such as Russia, Serbia and the UAE.
How are Global Talent visas awarded? What are their pros and cons?
The Global Talent visa is intended for professionals with exceptional talent in spheres such as science, technology, art and culture. There are two types; Exceptional Talent (for three years) and Exceptional Promise (for five). After the visa expires, you can apply for ILR. First, you must compile a portfolio describing all your projects and achievements, as well as any media reports, awards and celebrity recommendations. This portfolio is submitted to one of the endorsing bodies (depending on the area of activity). These organisations assess the professional utility of applicants, their skills, experience and chances of achieving success in Britain. After the application is approved, it is sent electronically to the Home Office for further consideration, along with its accompanying documentation. A downside is that this is a demanding process as you must have excellent skills in your professional area. An advantage is that holders of Global Talent visas are not tied to specific employing companies. They can either work to hire or develop their own businesses.
What steps are required to obtain an Innovator Founder visa? What are their advantages and disadvantages?
An Innovator Founder visa is intended for those who have an innovative business idea for a startup. A business plan or description of the idea is submitted to the endorsing body. After approval, the application and accompanying documents are sent electronically to the Home Office. The visa is issued for three years. ILR may then be granted if a series of conditions are met. One drawback is that during the three years of the visa’s validity, there must be at least two meetings with representatives of the endorsing body who will assess progress on the project. Another minus is that only one prespecified business can be founded. On completion, projects must meet at least two of the following criteria:
• At least £50,000 must have been invested or spent on the business.
• The business must have created the equivalent of at least five full-time, long-term jobs with an average salary of not less than £25,000 a year.
• The business must have created at least ten full-time jobs for local workers with unspecified average salaries.
• The number of clients must have at least doubled over the three years and exceeded the average clientele of British competitors offering comparable products and services.
• The business must conduct significant scientific research and apply for a patent in Britain.
• The business’s financial records must show a minimum of £1 m in annual income over the last year
• The business has made a minimum of £500,000 in gross income of which at least £100,000 is from exports.
Are there age limits for recipients of these visas?
They must be at least 18 and there are no other limitations. The age range of applicants is mostly from 25 to 45.
Which visas are the easiest to obtain?
There’s no straightforward answer, although there aren’t as many immigration programmes as there once were. You have to consider your CV and professional and entrepreneurial experience and select whatever immigration path seems best suited to you. I can always advise applicants and help them assess their personal capabilities and potential.
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