CORONA-VIRUS: PLACES OF WORSHIP GUIDANCE IN THE UK

Summarising the position for places of worship

The following list sets out where the number of people must be limited within a place of worship due to the potential for increased spread of COVID-19.

Activity: Communal worship, including prayers, devotions or meditations led by a Minister of Religion or lay person

Gathering limit:

Limits for communal worship should be decided on the basis of the capacity of the place of worship following an assessment of risk (see Section 5 ‘Restrictions on Capacity’).

People must follow the restrictions on social mixing set out by their area’s COVID Local Alert Level and adhere to social distancing between households.

In local ‘COVID alert level – medium’ areas people must not mingle in a group of more than 6 (other than with those they live with or have formed a support bubble with).

In ‘local COVID alert level: high’ or ‘very high’, people must not mingle with anyone they do not live with or have formed a support bubble with.

Activity: Marriage ceremonies

Gathering limit:

Marriages, civil partnerships or alternative wedding ceremonies must have no more than 15 people. Anyone working is not included as part of the limit on those attending. .
Please refer to the guidance for small marriages and civil partnerships during the coronavirus (COVID-19) pandemic.

Attendees should socially distance from anyone they do not live with (unless they are in their support bubble).

Activity: Funerals

Gathering limit:

Must have no more than 30 people. Anyone working is not included as part of the 30 person limit.

Please refer to the COVID-19: guidance for managing a funeral during the coronavirus pandemic.

Attendees should socially distance from anyone they do not live with (unless they are in their support bubble).

Activity: Commemorative events

Gathering limit:

These are events which occur to commemorate or mark the deceased’s passing. Examples include a wake, a stone setting ceremony or the scattering of ashes.

Such events must have no more than 15 people in attendance, excluding those who are present for work purposes.

Such gatherings cannot take place in a private dwelling or garden.

Activity: Significant life events (outside of marriage ceremonies and funerals)

Gathering limit:

Where such events are an element of communal worship, they are subject to the requirements for communal worship set out above.

Otherwise, such events are subject to wider rules around social mixing dependent on an area’s COVID local alert level.

This means that, in a COVID-19 secure venue or public outdoor place, there can be more than 6 people in total present from multiple households. In ‘local COVID alert level: medium’ areas, social interaction and shared activity must be limited to groups of 6. In ‘local COVID alert levels high’ and ‘very high’ areas, social interaction and shared activity must be limited to groups of the same household or support bubble.

Activity: Supervised children’s activities

Gathering limit:

Limited to the number of people who can safely social distance in the venue in line with COVID-19 Secure guidance. See guidance for providers of out-of-school settings.

This includes, but is not limited to, activities such as mother and baby groups with multiple adults supervising children. In these situations, adults should maintain social distancing with other adults from different households.

Activity: Support groups

Gathering limit:

Support groups can take place with up to a maximum of 15 people in a public place, if the support group is organised by a business, a charitable, benevolent or philanthropic institution or a public body to provide mutual aid, therapy or any other form of support to its members or those who attend its meetings.

This includes, but is not limited to, providing support:

• to victims of crime (including domestic abuse)
• to those with, or recovering from, addictions (including alcohol, narcotics or other substance addictions) or addictive patterns of behaviour
• to new and expectant parents
• to those with, or caring for persons with, any long-term illness, disability or terminal condition or who are vulnerable
• to those facing issues related to their sexuality or identity including those living as lesbian, gay, bisexual or transgender
• to those who have suffered bereavement

This is an exemption to the legal gatherings limits at all alert levels.

Support groups not covered by this exemption can still take place if they do not breach the new gatherings limits at each alert level. This means that for these other groups, in a COVID-19 Secure venue or public outdoor place, there can be more than 6 people in total present from multiple households. In ‘local COVID alert level – medium’ areas, social interaction and shared activity must be limited to groups of 6. In ‘local COVID alert levels – high’ and ‘very high’ areas, social interaction and shared activity must be limited to groups of the same household or support bubble.

Where this is unlikely to be possible, groups should not take place. Anybody who is working in facilitating the group or attending for work purposes is not included.

Activity: Small prayer and study groups

Gathering limit:

Limits for prayer and study groups should be decided on the basis of the capacity of the place of worship following an assessment of risk (see Section 5 ‘Restrictions on Capacity

In ‘local COVID alert level – medium’ areas, People people must not mingle in a group of more than 6 (other than with those they live with or have formed a support bubble with).

In ‘local COVID alert level: high’ or ‘very high’ areas, people must not mingle in groups with anyone they do not live with or have formed a support bubble with.

UK NEW IMMIGRATION SYSTEM – LATEST UPDATE

Visa application process

New immigration routes will open later this year for applications to work, live and study in the UK from 1 January 2021.

You’ll be able to apply and pay for your visa online.

When you apply, you’ll be asked to provide your biometric information. The process for this is:

EU, EEA and Swiss citizens

For most visas you’ll provide a digital photo of your face using a smartphone app. You will not have to give your fingerprints.

For a small number of low volume routes (to be confirmed later this year) you’ll need to go to an overseas visa application centre to have your photo taken.

Non-EU citizens

You’ll continue to submit your fingerprints and a photo at an overseas visa application centre.

Skilled workers

The points-based system will include a route for skilled workers who have a job offer from an approved employer sponsor.

From January 2021, the job you’re offered will need to be at a required skill level of RQF3 or above (equivalent to A level). You’ll also need to be able to speak English and be paid the relevant salary threshold by your sponsor. This will either be the general salary threshold of £25,600 or the going rate for your job, whichever is higher.

If you earn less than this – but no less than £20,480 – you may still be able to apply by ‘trading’ points on specific characteristics against your salary. For example, if you have a job offer in a shortage occupation or have a PhD relevant to the job.

Details of how the points system will work are in the further details document.

There will not be a general route for employers to recruit at or near the minimum wage.

If you’re not already a licensed sponsor and you think you’ll want to sponsor migrants through the skilled worker route from January 2021, you should apply now.

Global talent scheme

The global talent scheme will be opened up to EU, EEA and Swiss citizens. It will allow highly-skilled scientists and researchers to come to the UK without a job offer.

International students and graduates

Student visa routes will be opened up to EU, EEA and Swiss citizens. You’ll be able to apply for a visa to study in the UK if you:

• have been offered a place on a course
• can speak, read, write and understand English
• have enough money to support yourself and pay for your course

A new graduate immigration route will be available to international students who have completed a degree in the UK from summer 2021. You’ll be able to work, or look for work, in the UK at any skill level for up to 2 years, or 3 years if you are a PhD graduate.

Visiting the UK

EU, EEA and Swiss citizens and other non-visa nationals will not require a visa to enter the UK when visiting the UK for up to 6 months. All migrants looking to enter the UK for other reasons (such as work or study) will need to apply for entry clearance in advance.

EU citizens living in the UK by 31 December 2020

If you’re an EU, EEA or Swiss citizen living in the UK before 31 December 2020, you and your family can apply to the EU Settlement Scheme to continue living in the UK after 30 June 2021.

Crossing the UK border

Citizens of Australia, Canada, Japan, New Zealand, the United States of America, Singapore and South Korea – with a biometric chip in their passports – will continue to be able to use ePassport gates to pass through the border on arrival. EU, EEA and Swiss citizens will also be able to use ePassport gates (this will be kept under review).

Until at least January 2026 we’ll continue to recognise identity cards used for travel by EU citizens and their EU family members who are both resident in the UK before the end of the transition period and hold status under the EU Settlement Scheme. We will also recognise ICAO compliant identity cards from this group beyond 2026.

For newly arriving migrants, we intend to phase out the use of insecure identity documents and will set out further details on this shortly.

Proving immigration status in the UK

EU citizens

EU, EEA and Swiss citizens will use an online service to view their immigration status and to prove their status to others.

Employers, landlords and public service providers will continue to accept EU citizens’ passports and identity cards as evidence of their immigration status until 30 June 2021.

Guidance for employers is available on carrying out right to work checks on EU citizens and their family members in the UK.

Non-EU citizens

Non-EU citizens can continue to use a physical document to prove their immigration status.

Those with a valid, current Biometric Residence Permit, Biometric Residence Card or status granted under the EU Settlement Scheme can also prove their right to work to an employer using an online service. Guidance for employers is available advising how to carry out a physical document check or online check.

UK DOMESTIC WORKER VISA

There is a UK visa for non-EEA domestic workers, first introduced in 2002. Although the Immigration Rules do not define “domestic workers”, the route is typically used by nannies, au pairs, cleaners, chauffeurs, cooks, personal carers and protection staff.

The government has confirmed that this route will be open to EEA nationals who move to the UK from 1 January 2021. Those moving to the UK before then should apply under the EU Settlement Scheme.

The domestic worker route has undergone a number of changes over the years, the most significant of which came in 2012. Non-EEA domestic helpers who came to the UK before April 2012 were able to apply for extensions of stay and settlement. That is no longer the case, and the visa is only valid for six months at a time, although those who are still in the UK on the pre-2012 route can continue to make such applications.

In this piece, I’ll be looking at the route from the perspective of those who need to apply for a visa to enter the UK now.

Where can I find the rules?

The immigration requirements for domestic workers in private households are in paragraphs 159A – 159K of Part 5 of the Immigration Rules. There is also caseworker guidance for Home Office staff. 

There is additional legislation, which is not covered here, aimed at protecting migrants who were brought to the UK under the route and who are victims of slavery or human trafficking. Avril Sharp from the renowned charity Kalayaan, which seeks justice for migrant domestic workers, has previously covered the problems with this legislation for Free Movement.

Core requirements for a domestic worker visa

There are three core requirements that need to be considered at an early stage:

1. the domestic worker must have already worked for their employer for at least a year before a visa can be applied for;
2. they must not intend to stay in the UK for more than six months; and
3. their employer must be (i) a British or (at present) an EEA national who usually lives outside the UK and who does not intend to return for more than six months, or (ii) a non-EEA national who is coming to the UK to visit and who does not intend to remain for more than six months.

If these three core requirements are not met, an application for a domestic worker visa cannot succeed.

Other requirements and evidence

If the three core requirements are met, a number of additional requirements must then be considered.

The Immigration Rules state that applicants must be at least 19 years old, (although the caseworker guidance and overview on gov.uk both state 18).

The applicant’s employment as a domestic worker for at least a year prior to their application must have been under the same roof as their employer, or in a household that the employer uses on a regular basis.

The employer must provide a letter to confirm this, along with one of the following documents covering the same period of employment:

1. payslips or bank statements showing payment of salary;
2. confirmation of tax paid;
3. confirmation of health insurance paid;
4. contract of employment;
5. work visa, residence permit or equivalent passport endorsement for the country in which the domestic worker has been employed by that employer; or
6. visas or equivalent passport endorsement to confirm that the domestic worker has travelled with the employer.

The applicant must intend to work for their employer whilst in the UK and must intend to travel in the company of:

(a) a British or EEA national employer, or that employer’s British or EEA national spouse, civil partner or child, where the employer’s usual place of residence is outside the UK and where the employer does not intend to remain in the UK beyond six months; or

(b) a British or EEA national employer’s foreign national spouse, civil partner or child where the employer does not intend to remain in the UK beyond six months; or

(c) a foreign national employer or the employer’s spouse, civil partner or child where the employer is seeking or has been granted entry clearance or leave to enter under Part 2 of these Rules.

The applicant must also:

• intend to leave the UK at the end of the six months, or at the same time as their employer, whichever is earlier;
• not intend to live for an extended period in the UK through frequent or successive visits (we’ll come back to this);
• not intend to take employment except as a domestic worker in a private household;
• be able to maintain and accommodate themselves without recourse to public funds; and
• hold valid entry clearance for entry to the UK as a domestic worker.

The general grounds for refusal also apply.

Minimum wage

The applicant and their employer must have agreed, in writing, terms and conditions of employment in the UK. These must confirm that the applicant will be paid in accordance with the National Minimum Wage Act 1998 and any regulations made under that act. Evidence must be provided in the form set out in Appendix 7 of the Immigration Rules.

If the Entry Clearance or Immigration Officer is not satisfied that the employer actually intends to comply with the above throughout the worker’s employment in the UK, they have the power to refuse the application.

A written and signed statement from the employer must also be provided confirming that the applicant is an employee and the work that will be carried out by them will not constitute work within the meaning of paragraph 57 of the National Minimum Wage Regulations 2015. 

Finally, applicants must not intend to take employment except as a domestic helper in a private household, must not intend to rely on public funds and must obtain entry clearance.

What does the bit about “frequent or successive visits” mean?

The guidance says:

Domestic workers cannot live in the UK on a continuous basis, even if they leave the UK for short periods to avoid overstaying.

There is no specific limit on the number of times a domestic worker can come to the UK, or a definitive rule which states they can only stay in the UK for ‘6 months in a 12 month period’. Domestic workers, however, must not be living in the UK for extended periods because of frequent, successive visits.

For example, an individual spends 5 or 6 months in the UK as a domestic worker and returns after a short break outside of the UK for a further 5 or 6 months.

This could amount to genuine residence. However, this is not a hard and fast rule and you must consider the circumstances of each case on an individual basis.

It goes on to explain various factors that may be taken into account when assessing an application.

This is probably best explained with a couple of examples.

Example 1: the private chef

A few years ago I arranged a domestic worker visa for the private chef of an international movie star. The movie star, a US/UK national living in the United States, was due to film in the UK for six months initially. But production was delayed and delayed. We had to keep sending the chef back to the USA for a new visa. 

Despite the flurry of trips back and forth, I wasn’t worried about a “frequent/successive” refusal. It was obvious from the evidence that the chef wasn’t intending to live in the UK for a long time — just long enough for the movie to be filmed, and to accompany the actor on promotional activities in the UK.

Example 2: the chauffeur

A few months later, I was advising a Saudi billionaire whose son wanted to spend spring and summer in the UK. My client wanted him to be accompanied by a trusted chauffeur (who also kept an eye on the son for my client). We obtained a domestic worker visa for him.

My client’s son met a girl in London. The initial six-month visit soon turned into 18 months, with intermittent romantic trips to Europe, and an occasional trip back home to see dad / reset his multiple entry visit visa. 

A second domestic worker visa application for the chauffeur was successful. But once that expired, my client decided not to pursue a third visa for him, as in my view there was quite a high risk of a refusal. My client’s son had no plans to leave the UK and we had already started work on his investor visa application. My client was able to send another member of staff — a Polish national — to the UK to drive his son around.

With the “frequent or successive” requirement you have to look at everything in the round and then decide if you have enough evidence to support further applications.

Application process, fees and restrictions

Domestic worker visas contain the following restrictions:

• no recourse to public funds;
• no intention to study;
• work permitted only as a domestic helper in a private household.

The requirement that applicants must obtain entry clearance means that they must make an application for a visa. They cannot simply arrive at a UK airport or port and ask to enter as a domestic worker.

The requirements to make a valid application are covered in Part 1 of the Immigration Rules at paragraph 34. The application form is online.

The visa fee is £516.

Can the visa be extended and does it lead to ILR?

A domestic worker visa can only be extended if the person was initially granted permission to stay for less than six months. Otherwise they have to leave the UK and make a fresh application.

The domestic worker route now does not lead to indefinite leave to remain, or ILR. As I explained at the start, though, those who are still in this route under the pre-2012 rules may be able to get ILR.

Oh. Are there any other options?

There aren’t usually many options for employers to get their domestic staff into the UK if the domestic worker route is ruled out, but I have known some to go to extreme lengths to ensure their nanny or other helper is able to stay in the UK on a long-term basis.

I had one client who paid for their child’s nanny to study a degree during the father’s four-year assignment in London. The university fees alone were significant, but the family were happy to make this investment to ensure their child had familiar care — even if the nanny could only work in line with the conditions of her student visa (20 hours during term-time and full-time during vacations).

Families were even willing to make use of the Tier 1 (Investor) route, which required the domestic worker to invest £1 million in the British economy. This was scuppered by the investor visa rules being changed to increase the minimum amount to £2 million and require the funds to be genuinely gifted to the applicant.

Nichola Carter

Nichola heads the immigration team at Carter Thomas (www.carterthomas.co.uk). A lawyer with 20 years’ experience, she also sits on The Law Society’s Immigration Committee. Nichola’s main work relates to advising businesses, universities and schools on sponsor applications and compliance, and individuals seeking to come under the Global Talent, family and other routes . She regularly provides media comment including for the BBC and FT and is happy to be contacted for comment. Nichola tweets from @carternichola and her email is ncarter@carterthomas.co.uk.

UK IMMIGRATION RULES – LEAVE TO ENTER

Immigration Rules part 1: leave to enter or stay in the UK

General provisions regarding entry clearance, leave to enter or remain in the United Kingdom (paragraphs 7 to 39E).Open allClose all

Leave to enter the United Kingdom

1. 7.A person who is neither a British citizen nor a Commonwealth citizen with the right of abode nor a person who is entitled to enter or remain in the United Kingdom by virtue of the provisions of the 2006 EEA Regulations requires leave to enter the United Kingdom.
2. 8.Under Sections 3 and 4 of the Immigration Act 1971 an Immigration Officer when admitting to the United Kingdom a person subject to immigration control under that Act may give leave to enter for a limited period and, if he does, may impose all or any of the following conditions:
   1. (i) a condition restricting employment or occupation in the United Kingdom;
   2. (ii) a condition requiring the person to maintain and accommodate himself, and any dependants of his, without recourse to public funds;
   3. (iii) a condition requiring the person to register with the police; and
   4. (iv) a condition restricting his studies in the United Kingdom

He may also require him to report to the appropriate Medical Officer of Environmental Health. Under Section 24 of the 1971 Act it is an offence knowingly to remain beyond the time limit or fail to comply with such a condition or requirement.

1. 9.The time limit and any conditions attached will be made known to the person concerned either:
   1. (i) by written notice given to him or endorsed by the Immigration Officer in his passport or travel document; or
   2. (ii) in any other manner permitted by the Immigration (Leave to Enter and Remain) Order 2000.

Exercise of the power to refuse leave to enter the United Kingdom or to cancel leave to enter or remain which is in force

1. 10.The power to refuse leave to enter the United Kingdom or to cancel leave to enter or remain which is already in force is not to be exercised by an Immigration Officer acting on his own. The authority of a Chief Immigration Officer or of an Immigration Inspector must always be obtained.

Suspension of leave to enter or remain in the United Kingdom

1. 10A. Where a person has arrived in the United Kingdom with leave to enter or remain which is in force but which was given to him before his arrival he may be examined by an Immigration Officer under paragraph 2A of Schedule 2 to the Immigration Act 1971. An Immigration Officer examining a person under paragraph 2A may suspend that person’s leave to enter or remain in the United Kingdom until the examination is completed.

Cancellation of leave to enter or remain in the United Kingdom

1. 10.B Where a person arrives in the United Kingdom with leave to enter or remain in the United Kingdom which is already in force, an Immigration Officer may cancel that leave.

Requirement for persons arriving in the United Kingdom or seeking entry through the Channel Tunnel to produce evidence of identity and nationality

1. 11.A person must, on arrival in the United Kingdom or when seeking entry through the Channel Tunnel, produce on request by the Immigration Officer:
   1. (i) a valid national passport or other document satisfactorily establishing his identity and nationality; and
   2. (ii) such information as may be required to establish whether he requires leave to enter the United Kingdom and, if so, whether and on what terms leave to enter should be given.

Requirement for a person not requiring leave to enter the United Kingdom to prove that he has the right of abode

1. 12. A person claiming to be a British citizen must prove that he has the right of abode in the United Kingdom by producing either:
   1. (i) a United Kingdom passport describing him as a British citizen or as a citizen of the United Kingdom and Colonies having the right of abode in the United Kingdom; or
   2. (ii) a certificate of entitlement duly issued by or on behalf of the Government of the United Kingdom certifying that he has the right of abode.
2. 13. A person claiming to be a Commonwealth citizen with the right of abode in the United Kingdom must prove that he has the right of abode by producing a certificate of entitlement duly issued to him by or on behalf of the Government of the United Kingdom certifying that he has the right of abode.
3. 14. A Commonwealth citizen who has been given limited leave to enter the United Kingdom may later claim to have the right of abode. The time limit on his stay may be removed if he is able to establish a claim to the right of abode, for example by showing that:
   1. (i) immediately before the commencement of the British Nationality Act 1981 he was a Commonwealth citizen born to or legally adopted by a parent who at the time of the birth had citizenship of the United Kingdom and Colonies by his birth in the United Kingdom or any of the Islands; and
   2. (ii) he has not ceased to be a Commonwealth citizen in the meanwhile.

Persons outside the United Kingdom

1. 17A. Where a person is outside the United Kingdom but wishes to travel to the United Kingdom an Immigration Officer may give or refuse him leave to enter. An Immigration Officer may exercise these powers whether or not he is, himself, in the United Kingdom. However, an Immigration Officer is not obliged to consider an application for leave to enter from a person outside the United Kingdom.
2. 17B. Where a person having left the common travel area, has leave to enter the United Kingdom which remains in force under article 13 of the Immigration (Leave to Enter and Remain) Order 2000, an Immigration Officer may cancel that leave. An Immigration Officer may exercise these powers whether or not he is, himself, in the United Kingdom. If a person outside the United Kingdom has leave to remain in the United Kingdom which is in force in this way, the Secretary of State may cancel that leave.

Returning Residents

1. 18. A person may resume their residence in the UK provided the Immigration Officer is satisfied that the person concerned:
   1. (i) had indefinite leave to enter or remain in the United Kingdom when he last left; and
   2. (ii) has not been away from the United Kingdom for more than 2 years; and
   3. (iii) did not receive assistance from public funds towards the cost of leaving the United Kingdom; and
   4. (iv) now seeks admission for the purpose of settlement.
2. 18A. Those who qualify to resume their residence in accordance with paragraph 18 do not need a visa to enter the UK.
3. 19. A person who does not benefit from the preceding paragraph by reason only of having been absent from the United Kingdom for more than two consecutive years, must have applied for, and been granted indefinite leave to enter by way of entry clearance if, he can demonstrate he has strong ties to the United Kingdom and intends to make the United Kingdom his permanent home.
4. 19A. Sub paragraphs (ii) and (iii) of paragraph 18 shall not apply where a person who has indefinite leave to enter or remain in the United Kingdom accompanies on an overseas posting a partner, parent, a spouse, civil partner, unmarried partner or same-sex partner who is:
5. a) a member of HM Forces serving overseas; or
6. b) a British citizen or is settled in the UK and
   1. (i) a permanent member of HM Diplomatic Service;
   2. (ii) a comparable United Kingdom based permanent staff member of the British Council;
   3. (iii) a permanent staff member of the Department for International Development; or
   4. (iv) a permanent Home Office employee.
7. 20.The leave of a person whose stay in the United Kingdom is subject to a time limit lapses on his going to a country or territory outside the common travel area if the leave was given for a period of six months or less or conferred by a visit visa. In other cases, leave lapses on the holder remaining outside the United Kingdom for a continuous period of more than two years. A person whose leave has lapsed and who returns after a temporary absence abroad within the period of this earlier leave has no claim to admission as a returning resident. His application to re-enter the United Kingdom should be considered in the light of all the relevant circumstances. The same time limit and any conditions attached will normally be reimposed if he meets the requirements of these Rules, unless he is seeking admission in a different capacity from the one in which he was last given leave to enter or remain.

Leave to enter granted on arrival in the United Kingdom

1. 23A. A person who is not a visa national and who is seeking leave to enter on arrival in the United Kingdom for a period not exceeding 6 months for a purpose for which prior entry clearance is not required under these Rules may be granted such leave, for a period not exceeding 6 months. This paragraph does not apply where the person is a British National (Overseas), a British overseas territories citizen, a British Overseas citizen, a British protected person, or a person who under the British Nationality Act 1981 is a British subject.
2. 23B. A person who is a British National (Overseas), a British overseas territories citizen, a British Overseas citizen, a British protected person, or a person who under the British Nationality Act 1981 is a British subject, and who is seeking leave to enter on arrival in the United Kingdom for a purpose for which prior entry clearance is not required under these Rules may be granted such leave, irrespective of the period of time for which he seeks entry, for a period not exceeding 6 months.

Entry clearance

1. 24. The following:
   1. (i) a visa national;
   2. (ii) a non visa national not a British national and is seeking entry for a period exceeding six months, or for a purpose for which prior entry clearance is required under these Rules;
   3. (iii) a British national without the right of abode who is seeking entry for a purpose for which prior entry clearance is required under these Rules.
2. must either:
   1. (i) produce to the Immigration Officer a valid passport or other identity document endorsed with a United Kingdom entry clearance, issued to him for the purpose for which he seeks entry, which is still in force,
3. or:
   1. (ii) where he has been granted a United Kingdom entry clearance which was issued to him in electronic form for the purpose for which he seeks entry and which is still in force, produce to the Immigration Officer a valid passport or other identity document.

Such a person will be refused leave to enter if he has no such current entry clearance. Any other person who wishes to ascertain in advance whether he is eligible for admission to the United Kingdom may apply for the issue of an entry clearance.

1. 25. Entry clearance takes the form of a visa (for visa nationals) or an entry certificate (for non visa nationals). A visa or an entry certificate may be issued in electronic form. These documents are to be taken as evidence of the holder’s eligibility for entry into the United Kingdom, and accordingly accepted as “entry clearances” within the meaning of the Immigration Act 1971.
2. 25A. An entry clearance which satisfies the requirements set out in article 3 of the Immigration (Leave to Enter and Remain) Order 2000 will have effect as leave to enter the United Kingdom. The requirements are that the entry clearance must specify the purpose for which the holder wishes to enter the United Kingdom and should be endorsed with the conditions to which it is subject or wish a statement that it has effect as indefinite leave to enter the United Kingdom. The holder of such an entry clearance will not require leave to enter on arrival in the United Kingdom and, for the purposes of these Rules, will be treated as a person who has arrived in the United Kingdom with leave to enter the United Kingdom which is in force but which was given to him before his arrival.
3. 26. An application for entry clearance will be considered in accordance with the provisions in these Rules governing the grant or refusal of leave to enter. Where appropriate, the term “Entry Clearance Officer” should be substituted for “Immigration Officer”.
4. 27. An application for entry clearance is to be decided in the light of the circumstances existing at the time of the decision, except that an applicant will not be refused an entry clearance where entry is sought in one of the categories contained in paragraphs 296-316 or paragraph EC-C of Appendix FM solely on account of his attaining the age of 18 years between receipt of his application and the date of the decision on it.
5. 28. An applicant for an entry clearance must be outside the United Kingdom and Islands at the time of the application. An application for an entry clearance as a visitor or as a short-term student must be made to any post designated by the Secretary of State to accept such applications. Subject to paragraph 28A, any other application must be made to a post in the country or territory where the applicant is living which has been designated by the Secretary of State to accept applications for entry clearance for that purpose and from that category of applicant. Where there is no such post the applicant must apply to the appropriate designated post outside the country or territory where he is living.
6. 28A (a) An application for entry clearance as a Tier 5 (Temporary Worker) Migrant in the creative and sporting sub-category of Tier 5 may also be made at the post in the country or territory where the applicant is situated at the time of the application, provided that:
   1. (i) the post has been designated by the Secretary of State to accept applications for entry clearance for that purpose and from that category of applicant,
   2. (ii) the applicant is in that country or territory for a similar purpose to the activity he proposes to undertake in the UK, and
   3. (iii) the applicant is able to demonstrate to the Entry Clearance Officer that he has authority to be living in that country or territory in accordance with its immigration laws. Those applicants who are known to the authorities of that country or territory but who have not been given permission to live in that country or territory will not be eligible to make an application.
   4. (b) An application for entry clearance as a Global Talent migrant or as a Tier 5 (Youth Mobility Scheme) Temporary Migrant may also be made at the post in the country or territory where the applicant is situated at the time of the application, provided that:
      1. (i) the post has been designated by the Secretary of State to accept applications for entry clearance for that purpose and from that category of applicant, and
      2. (ii) the applicant is able to demonstrate to the Entry Clearance Officer that he has authority to be living in that country or territory in accordance with its immigration laws and that when he was given authority to live in that country or territory he was given authority to live in that country or territory for a period of more than 6 months. Those applicants who are known to the authorities of that country or territory but who have not been given permission to live in that country or territory will not be eligible to make an application.

1. 29. For the purposes of paragraph 28 “post” means a British Diplomatic Mission, British Consular post or the office of any person outside the United Kingdom and Islands who has been authorised by the Secretary of State to accept applications for entry clearance. A list of designated posts is published by the Foreign and Commonwealth Office.
2. 30. An application for an entry clearance is not made until any fee required to be paid under the regulations made under sections 68 and 69 of the Immigration Act 2014 has been paid.
3. 30A. An entry clearance may be revoked if the Entry Clearance Officer is satisfied that:
   1. (i) whether or not to the holder’s knowledge, false representations were employed or material facts were not disclosed, either in writing or orally, for the purpose of obtaining the entry clearance; or
   2. (ii) a change of circumstances since the entry clearance was issued has removed the basis of the holder’s claim to be admitted to the United Kingdom, except where the change of circumstances amounts solely to his exceeding the age for entry in one of the categories contained in paragraphs 296-316 of these Rules since the issue of the entry clearance; or
   3. (iii) where sub-paragraph (iv) does not apply, the holder’s exclusion from the United Kingdom would be conducive to the public good; or
   4. (iv) in the case of an entry clearance granted under Appendix EU (Family Permit), in respect of conduct committed before the specified date as defined in that Appendix, the holder is subject to an exclusion order, an exclusion decision or an Islands exclusion decision as defined in that Appendix.

1. 30B. An entry clearance shall cease to have effect where the entry clearance has effect as leave to enter and an Immigration Officer cancels that leave in accordance with paragraph 2A(8) of Schedule 2 to the Immigration Act 1971.
2. 30C. An Immigration Officer may cancel an entry clearance which is capable of having effect as leave to enter if the holder arrives in the United Kingdom before the day on which the entry clearance becomes effective or if the holder seeks to enter the United Kingdom for a purpose other than the purpose specified in the entry clearance.

How to make a valid application for leave to remain in the UK

1. 34. Except for an application under Appendix ST: Student or Appendix CS: Child Student, an application for leave to remain must be made in accordance with sub-paragraphs (1) to (9) below.
   1. (1) (a) Subject to paragraph 34(1)(c), the application must be made on an application form which is specified for the immigration category under which the applicant is applying on the date on which the application is made.
      1. (b) An application form is specified when it is posted on the visa and immigration pages of the GOV.UK website.
      2. (c) An application can be made on a previous version of a specified paper application form (and shall be treated as made on a specified form) as long as it is no more than 21 days out of date.
   2. (2) All mandatory sections of the application form must be completed.
   3. (3) Where the applicant is required to pay a fee, this fee must be paid in full in accordance with the process set out in the application form.
   4. (4) Where the applicant is required to pay the Immigration Health Surcharge, this must be paid in accordance with the process set out on the visa and immigration pages of the GOV.UK website.
   5. (5) (a) Subject to paragraph 34(5)(c), the applicant must provide proof of identity as described in 34(5)(b) below and in accordance with the process set out in the application form.
      1. (b) Proof of identity for the purpose of this paragraph means:
         1. (i) a valid passport or, if an applicant (except a PBS applicant) does not have a valid passport, a valid national identity card; or
         2. (ii) if the applicant does not have a valid passport or national identity card, their most recent passport or (except a PBS applicant) their most recent national identity card; or
         3. (iii) if the applicant does not have any of the above, a valid travel document.
      2. (c) Proof of identity need not be provided where:
         1. (i) the applicant’s passport, national identity card or travel document is held by the Home Office at the date of application; or
         2. (ii) the applicant’s passport, nationality identity card or travel document has been permanently lost or stolen and there is no functioning national government to issue a replacement; or
         3. (iii) the applicant’s passport, nationality identity card or travel document has been retained by an employer or other person in circumstances which have led to the applicant being the subject of a positive conclusive grounds decision made by a competent authority under the National Referral Mechanism; or
         4. (iv) the application is for limited leave to enable access to public funds pending an application under paragraph 289A of, or under Part 6 of Appendix Armed Forces or section DVILR of Appendix FM to these Rules; or
         5. (v) the application is made under Part 14 of these Rules for leave as a stateless person or as the family member of a stateless person; or
         6. (vi) the application was made by a person in the UK with refugee leave or humanitarian protection; or
         7. (vii) the applicant provides a good reason beyond their control why they cannot provide proof of their identity.
   6. (6) Where any of paragraph 34(5)(c)(ii)-(vii) applies, the Secretary of State may ask the applicant to provide alternative satisfactory evidence of their identity and nationality.
   7. (7) Where the main applicant is under the age of eighteen, their parent or legal guardian must provide written consent to the application.
   8. (8) Where the application is made on a paper application form, it must be sent by pre-paid post or courier to the address on the application form.
   9. (9) An applicant must comply with the application process set out on the visa and immigration pages on GOV.UK and in the invitation to enrol biometrics which is provided as part of the application process in relation to –
      1. (a) making an appointment to provide biometrics, and
      2. (b) providing any evidence requested by the Secretary of State in support of their application.

Invalid applications

1. 34A. Subject to paragraph 34B, where an application for leave to remain does not meet the requirements of paragraph 34, it is invalid and will not be considered.
2. 34B. (1) Where an application for permission to stay does not meet the requirements of paragraph 34(1) to (9), or the validity requirements in Appendix ST: Student or Appendix CS: Child Student, the Secretary of State may notify the applicant and give them one opportunity to correct the error(s) or omission(s) identified by the Secretary of State within the timescale specified in the notification.
   1. (2) Where an applicant does not comply with the notification in paragraph 34B(1), or with the requirements in paragraph 34G(4), the application is invalid and will not be considered unless the Secretary of State exercises discretion to treat an invalid application as valid and the requirements of paragraph 34(3) and (5), or Appendix ST: Student ST 1.2.(a) and (b) or Appendix CS: Child Student CS 1.2.(b) and (c) have been met
   2. (3) Notice of invalidity will be given in writing and served in accordance with Appendix SN of these Rules.

Multiple Applications

1. 34BB (1) An applicant may only have one outstanding application for leave to remain at a time.
   1. (2) If an application for leave to remain is submitted in circumstances where a previous application for leave to remain has not been decided, it will be treated as a variation of the previous application.
   2. (3) Where more than one application for leave to remain is submitted on the same day then subject to sub-paragraph (4), each application will be invalid and will not be considered.
   3. (4) The Secretary of State may give the applicant a single opportunity to withdraw all but one of the applications within 10 working days of the date on which the notification was sent. If all but one of the applications are not withdrawn by the specified date each application will be invalid and will not be considered.
   4. (5) Notice of invalidity will be given in writing and served in accordance with Appendix SN of these Rules.

Dependent applicants applying at the same time as the main applicant

1. 34C. A dependent applicant can be included on a main applicant’s application form where the application form allows the dependant to be included.
2. 34D. DELETED

Variation of Applications or Claims for Leave to Remain

1. 34E. If a person wishes to vary the purpose of an application for permission to stay, the variation must comply with the requirements of paragraph 34, or the validity requirements in Appendix ST: Student or Appendix CS: Child Student (as they apply at the date the application for variation is made), as if the variation were a new application. If it does not, subject to paragraph 34B, the variation will be invalid and will not be considered.
2. 34F. Any valid variation of a leave to remain application will be decided in accordance with the immigration rules in force at the date such variation is made.

Date an application (or variation of an application) for leave to remain is made

1. 34G. For the purposes of these rules, the date on which an application (or a variation of application in accordance with paragraph 34E is made is:
   1. (1) where the paper application form is sent by post by Royal Mail, whether or not accompanied by a fee waiver request form, the date of posting as shown on the tracking information provided by Royal Mail or, if not tracked, by the postmark date on the envelope; or
   2. (2) where the paper application form is sent by courier, or other postal services provider, the date on which it is delivered to the Home Office; or
   3. (3) where the application is made via the online application process, and there is no request for a fee waiver, the date on which the online application is submitted; or
   4. (4) where the online application includes a request for a fee waiver, the date on which the online request for a fee waiver is submitted, as long as the completed application for leave to remain is submitted within 10 days of the receipt of the decision on the fee waiver application.
   5. (5) Notice of invalidity under paragraph 34G(4) will be given in writing and served in accordance with Appendix SN of these Rules.

UK IMMIGRATION RULES FOR WORKERS

Immigration Rules Appendix W: Immigration Rules for Workers

Immigration Rules for Workers

Introduction

A Worker is a person who is coming to the UK for employment-related reasons. At present, the Immigration Rules also contain various categories for workers in Part 5 and Part 6A. The Worker rules in this Appendix currently contain the Start-up and Innovator categories, which were introduced on 29 March 2019 and the Global Talent category which was introduced on 20 February 2020. It is anticipated that other categories for workers will be added to this Appendix as the immigration system is reformed over time.

To qualify under these Worker rules, an applicant must meet both of the following:

(a) the general requirements in Part W3 (entry clearance or leave to remain applications) or Part W4 (indefinite leave to remain applications)

(b) the specific requirements in Parts W5 to W7 for the category they are applying under

If the applicant meets the requirements, the application will be granted. If the applicant does not meet the requirements, the application will be refused.

Applications will be decided based on the information provided by the applicant and any other relevant circumstances at the date of decision, except where otherwise stated.

Unless stated otherwise, all migrants arriving in the UK and wishing to enter under these Worker rules must have a valid entry clearance for entry under the relevant category. If they do not have a valid entry clearance, entry will be refused.

PART W1: AVAILABLE CATEGORIES

This section provides an overview of the name, purpose and main features of each category contained in these Worker rules.

Start-up

This category is for people seeking to establish a business in the UK for the first time. Applicants will have an innovative, viable and scalable business idea which is supported by an endorsing body. This category offers leave for 2 years and does not lead directly to settlement in the UK, but applicants may progress into the Innovator category below.

Innovator

This category is for more experienced businesspeople seeking to establish a business in the UK. Applicants will have an innovative, viable and scalable business idea which is supported by an endorsing body. With some exceptions, applicants will have funding to invest in their business. This category may lead to settlement in the UK.

Global Talent

This category is for talented and promising individuals in the fields of science, engineering, medicine, humanities, digital technology and arts and culture (including film and television, fashion design and architecture) wishing to work in the UK. Applicants will be leaders in their field, or have the potential to be leaders, as determined by an endorsing body. This category may lead to settlement in the UK.

PART W2: LENGTHS AND CONDITIONS OF LEAVE AND CURTAILMENT

This section sets out the lengths of leave that can be granted in each category of these Worker rules, including any time limits and timescales for applying for settlement. It also sets out the conditions of that leave and when that leave may be curtailed.

W2.1 Lengths of leave

(a) If an application is successful, leave will be granted for the time in the table below:

Category	Length of leave: initial applications	Length of leave: extension applications	Maximum time in category
Start-up	2 years	2 years, the time the applicant has already spent in the Tier 1 (Graduate Entrepreneur) and Start-up categories.	2 years
Innovator	3 years	3 years	No time limit
Global Talent	As requested by the applicant, any of: 1 year 2 years 3 years 4 years 5 years	As requested by the applicant, any of: 1 year 2 years 3 years 4 years 5 years	No time limit

(b) If an applicant has already been granted the maximum time in the category, the application will be refused.

W2.2 Employment conditions of grant

If an application for entry clearance or leave to remain is successful, it will be granted subject to all of the following employment conditions:

(a) no employment as a doctor or dentist in training

(b) no employment as a professional sportsperson (including as a sports coach)

(c) if the application is in the Innovator category, no employment other than working for the business(es) the applicant has established

In (c), working for such business(es) does not include any work pursuant to a contract of service or apprenticeship, whether express or implied and whether oral or written, with another business. This means successful applicants cannot effectively fill a position or hire their labour to another business, even if the work is undertaken through contracting with the applicant’s own business or through a recruitment or employment agency.

W2.3 Other conditions of grant

If an application for entry clearance or leave to remain is successful, it will be granted subject to all of the following other conditions:

(a) no recourse to public funds

(b) registration with the police, if this is required by Part 10 of the Immigration Rules

(c) study is permitted, subject to the condition set out in Appendix ATAS of the Immigration Rules

W2.4 Curtailment

(a) Entry clearance or leave to remain may be curtailed as set out in paragraph 323 in Part 9 of the Immigration Rules.

(b) In addition, entry clearance or leave to remain in the Start-up, Innovator or Global Talent category may be curtailed if an endorsing body withdraws its endorsement of a migrant or loses its status as an endorsing body for the relevant category.

EMPLOYING EU CITIZENS AFTER 1ST JANUARY 2021

New immigration system from 1 January 2021

A new immigration system will apply to people arriving in the UK from 1 January 2021 and EU citizens moving to the UK to work will need to get a visa in advance.

EU citizens applying for a skilled worker visa will need to show they have a job offer from an approved employer sponsor to be able to apply. If you’re an employer planning to sponsor skilled migrants from 2021, and are not currently an approved sponsor, you should consider getting approved now.

You can find more information on the UK’s new points-based immigration system on GOV.UK.

EU Settlement Scheme

EU, EEA or Swiss citizens and their family members who are living in the UK before 1 January 2021 need to apply to the EU Settlement Scheme to continue living in the UK after 30 June 2021.

You may want to share information with your employees about the EU Settlement Scheme using our employer toolkit.

SUCCESS IN BUSINESS

What is a strategic objective?

Strategic objectives are usually developed as a part of a two- to four-year plan that identifies key strengths and weaknesses and sets out the specific expectations that will allow the company or organization to achieve its more broad-based mission or vision statement.

 

What are the strategic goals of a business?

Strategic business objectives are goals deemed most important to the current and future health of a business. Objectives are prioritized by an organization through a thorough analysis of business practices such as a SWOT analysis. SWOT stands for strengths, weaknesses, opportunities and threats.

 

What is the difference between a goal and an objective?

Objectives define strategies or implementation steps to attain the identified goals. Unlike goals, objectives are specific, measurable, and have a defined completion date. They are more specific and outline the “who, what, when, where, and how” of reaching the goals.

 

WANT TO LIVE A HAPPY LIFE? Apply these 5 simple rules

1. Do not be over-emotional – Have faith and apply it all the time.

2. Do not ever give up – Keep trying and be persistence.

3. Do not make things complicated – Keep it simple.

4. Do not take things too seriously – Laugh at problems. Live stress free.

5. Do not act grown-up – Stay as youthful as a kid. Play games and have fun.

Hello world!

Welcome, Ladies and Gentlemen! We are about to take off on an interesting journey, which will be educative, informative and very rewarding.

It’s great to have you with me. You are welcome on board!

LM.