The Tier 1 (Exceptional Talent) category has been broadened in efforts to further develop the digital industry in the UK.

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1 Magrath Insight february 2016 UK news naturalisation and british passport applications new requirement causes travel difficulties! Since 8 January 2016, migrants who have naturalised as a British citizen, and have been issued with a naturalisation certificate, are required to cut up and return their Biometric Residence Permit ( BRP ) to the Home Office. The BRP is the document verifying Indefinite Leave to Remain status. The BRP must be returned within five days of the individual receiving their naturalisation certificate. The penalty for non compliance is a fine of up to 1,000. The effect of the requirement to deliver up the BRP is impacting most on frequent travellers. Once an individual has relinquished their BRP, they no longer have the document normally required to evidence their permission to enter the UK (meaning that they cannot therefore present it to an Immigration Officer at the port of entry). That said, where travellers are in possession of their original naturalisation certificate, confirming their newly acquired status as a British citizen, the Immigration Officer should accept that as proof of permission to enter. The most significant difficulties are not likely to be experienced on arrival in the UK but at the point of departure. Airlines will not allow a person to board an aircraft without valid permission to enter the United Kingdom, for fear of fines being imposed upon them if they do. Airline check in desks are therefore the place where most issues are arising. After all, a naturalisation certificate is not a travel document and cannot replace a passport. Interestingly, there is no limitation period within which a person must apply for a British passport once they have been issued with a naturalisation certificate. However, once someone no longer possess a BRP, it may become a frustrating exercise trying to convince airlines to permit departure to the United Kingdom. The current published processing time for a first British passport is six weeks. If a naturalisation application has been approved and the holder intends to travel before being issued with a British passport, it may be advisable to delay attending a naturalisation ceremony. An applicant has 3 months from the date of naturalisation approval to attend a naturalisation ceremony. Delaying attendance within that period (including so that travel difficulties are not encountered) should not prejudice immigration status. The fact that the original naturalisation certificate must be submitted to the Passport Office with the application is another consideration that those who seek a British passport may wish to take into account when planning travel. in this edition Naturalisation and British Passport Applications Two Year Visit Visa for Chinese Nationals Changes to Corporate Structure Tier 1 - Exceptional Talent Global News US News i m m i g r a t i o n

2 home office launch new two year visit visa for chinese nationals On 11 January 2016 a new two year (multiple entries) visit visa exclusive to Chinese nationals, was introduced. The visitor immigration category previously consisted of three different visa terms - six months, five years and ten years. Those visiting the UK on a visit visa may only spend a total period of six months in any twelve month period within the United Kingdom - regardless of the length of the visa granted. The Home Office has also announced plans to make it easier for applicants from China to collect their visas before coming to the UK, by extending the UK s mobile fingerprinting service from 9 cities in China to 50 cities. Over the last 6 years, the number of visit visas issued to Chinese nationals has more than trebled. In 2009, 115,000 visit visas were issued, and in 2015 this figure increased to 484,065. The 2 year visa is a reciprocal agreement - British visitors may also apply for a two year visa to visit China. In order to apply, an applicant will need to provide evidence demonstrating why they need a longer visa term. The usual restrictions in relation to employment, engaging in business and studying will apply. pbs licences and changes to corporate structure The Tier 2&5 PBS Sponsorship Guidance, released in November 2015 introduces Annex 8 Further Help on Mergers and Takeovers, which is a diagram endeavouring to clarify the various changes in corporate ownership that trigger the need for a new sponsor licence application. Section 13 of the Sponsorship Guidance sets out the circumstances in which an application for a new sponsor licence will be required following a change in corporate structure. It states that a new sponsor licence will be required when there is a change in ownership. However, that term has not previously been defined in the guidance, leaving businesses to try and determine the level of change that will, in fact, trigger the need to submit a new licence application and risk significant penalties if they get it wrong! The introduction of Annex 8 is incredibly welcome, particularly because it clarifies that a new licence is only required when the sponsoring entity has a new direct owner. This is illustrated by a flow chart giving examples of various scenarios and setting out what to do if you are involved with a merger, takeover or similar change. Whilst Annex 8 does not cover all of the various types of corporate transaction that may be encountered, it is a step in the right direction, providing some transparency in relation to the Home Office Guidance. tier 1 (ExcEptional talent) The Tier 1 (Exceptional Talent) category has been broadened in efforts to further develop the digital industry in the UK. Tech City led the way by convening a meeting of founders, CEOs and senior management to consider the various obstacles in the way of UK companies trying to recruit the best talent in this field. The extension to this category is therefore the product of a collective pool of esteemed opinions and is intended to ensure that the UK attracts the brightest and best professionals from the outside the EU. Financial growth and global recognition is at the forefront of the initiative and this category looks to: 1. Build UK Scale-Ups quickly; 2. Recognise exceptional promise ; 3. Help power the Northern Powerhouse by providing a fast-track process for business in Hull, Leeds, Liverpool, Manchester, Newcastle, Sheffield and Sunderland; and 4. Recruit teams of exceptional individuals from outside the EU.

3 There are two stages to obtaining entry clearance under this category. The first step is to make an application to Tech City for an endorsement. The second is to use that endorsement to support a visa application for entry clearance. Companies wanting to employ an individual holding a visa under this category will not need a sponsorship licence, nor will they need to sponsor the individual. The application will be made by an individual keen to develop their work from inside the UK. It is worthy of note that before Tech City will issue an endorsement they will review the credentials of the candidate against their set criteria. It is mandatory for a candidate to have either a proven track record of advancement in the digital technology sector, or to have contributed to the development of the sector from additional work undertaken outside their primary role. Ultimately, this category is designed to attract exceptional talent. Professionals that have or intend to pave the way in technical, commercial or entrepreneurial advancement should succeed with an application under this category. The calibre of applicant the Home Office seeks are those who have demonstrated continuous self-development and made notable contributions to academic research. Global immigration china The Ministry of Public Security has announced that as of 1 March 2016, a pilot scheme designed to streamline application procedures for a number of immigration categories will be introduced. For example, it has been recommended that for overseas Chinese nationals and highly skilled foreign employees working in the Beijing Zhongguancun Science Park the processing time for an application for Permanent Residence Status will be reduced from 180 days to 50 days. Further, it has been recommend that if foreign employees of the Science Park can produce a letter of commitment, they may be exempt from the current mandatory retirement ages, which are 60 for male employees and 55 for female employees. European Union A number of EU countries have announced increases in minimum salary levels for Work Permits for Effective 1 January 2016, the following increases apply: belgium Type B Permits for highly skilled foreign nationals increased from 39,802 to 39,824 per year. Type B Permits for Senior Management and executive level foreign nationals increased from 66,406 to 66,442 per year. Blue Card Permits for foreign nationals increased from 51,466 to 51,494 per year.

4 france Salaire minimum de croissance (SMIC), the minimum wage in France, increased to 1, per month from 1, per month. Foreign employees posted to France via the Salarié en Mission route, used for intra company transferees, will be affected by this change, as salary levels for this category are calculated using the SMIC x 1.5. A monthly salary of 2, is now required. Germany Blue Card Standard category applicants / holders need to be paid at least 49,600 per year as opposed the previous 48,400 per year. Blue Card Shortage occupation category applicants / holders need to be paid at least 38,688 per year as opposed to 37,753 per year. ireland The minimum wage in Ireland increased from 8.65 to 9.15 per hour. Therefore, based on a 39 hour working week, the minimum annual salary is 18,556 per year. Foreign employees posted to Ireland under the following favoured categories will be affected by this amendment: I. Intra Company Transfer Employment Permits II. Contract for Services Employment Permits III. Exchange or Internship Employment Permits IV. Dependent Employment Permits. netherlands For Knowledge Migrants aged over 30 the minimum gross monthly salary increased from 4,189 to 4,240 per month. For Knowledge Migrants aged under 30 the minimum gross monthly salary increased from 3,071 to 3,108 per month. Blue card category applicants need to be paid at least 4,968 per month as opposed to 4,908 per month.

5 turkey The Turkish authorities have implemented a new pre-application procedure, which must be completed online, before an applicant can request an appointment to submit their visa application. Effective 5 January 2016, all non E visa applicants, including those eligible for Business and Work visas, will need to electronically upload their application materials onto the Turkish electronic visa application system. United arab Emirates In Dubai, employees who wish to cancel their employment visa, or who wish to apply for a visa to be transferred, will no longer need to present themselves in person to the Government Service Centre in the Dubai International Financial Centre. From 27 December 2015, employees may have their documents presented by the employing Company or Public Relations Officer on their behalf. Us immigration changes to the visa waiver program The US Department of Homeland Security ( DHS ) has started the process of implementing changes to the eligibility requirements of the Visa Waiver Program ( VWP ) that were mandated by the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015, enacted on 18 December 2015 (the Act ). The law was passed in the wake of the Paris and San Bernadino terror attacks. The new Act prohibits citizens of VWP countries from entering the US visa free if they have visited or Iran, Iraq, Sudan, Syria or other countries of concern since 1 March The Act also imposes more stringent passport requirements on VWP travellers. An exemption exists for those who travelled to one of these four countries to perform military service in the Armed Forces of VWP countries or those who travelled to carry out official duties in a full-time capacity in the employment of a VWP country government. The Act also prohibits dual nationals of a VWP country and Iran, Iraq, Sudan, Syria or any other country of concern designated by the DHS from entering the US visa free. There is no exception to this rule. On 19 February 2016, the US Government expanded the visa waiver restrictions for nationals of VWP countries who travelled to Libya, Somalia and Yemen since 1 March 2011 unless they qualify for an exemption. However, the DHS has not imposed travel restrictions on individuals with dual nationality with these countries and a VWP member country. Travellers subjected to the above prohibitions will need to apply for a B1/B2 visa and attend an interview at a US Consulate in order to travel to the US for business or pleasure. The VWP allows citizens of participating countries to travel to the United States without a visa for stays of 90 days or less for business or pleasure. Travellers must be eligible to use the VWP and have a valid Electronic System for Travel Authorization ( ESTA ) approval prior to travel. An updated ESTA application with additional questions is scheduled to be released in late February 2016 to address exceptions for diplomatic - and military-related travel provided for in the Act.

6 Citizens of the following 38 countries can participate in the Visa Waiver Program: Andorra Australia Austria Belgium Brunei Chile Czech Republic Denmark Estonia Finland France Germany Greece Hungary Iceland Ireland Italy Japan Latvia Liechtenstein Lithuania Luxembourg Malta Monaco Netherlands New Zealand Norway Portugal San Marino Singapore Slovakia Slovenia South Korea Spain Sweden Switzerland Taiwan United Kingdom. About 20 million people travel to the US each year on the VWP. Commencing on 1 April 2016, all travellers on the program must present an e-passport a travel document that is machine readable and contains an electronic chip. Expansion of US Global Entry Service to UK and German nationals On 3 November 2015 the US Customs and Border Protection ( CBP ) Commissioner announced the expansion of Global Entry to UK citizens. From 16 February 2016 qualified German citizens are also eligible to participate in the program. Global Entry enables passengers to gain quicker entry at the US border at selected airports by removing the need to see a CPB Officer or complete a Paper Customs Declaration form. To make use of this service, British applicants need to pay a processing fee of 42 to the Home Office and a fee of $100 USD to CBP. These fees cover membership for five years. Members can then gain access at US airports via specially designated Global Entry automated kiosks. To apply for the Global Entry Service, applicants must submit a registration request through the Register to Apply Service and pay a processing fee for background checks by Border Force staff. If successful, the applicant will receive a UK access code to complete their application through the US CBP s Global Online Enrolment System. They will then need to pay the non-refundable $100 application fee and undergo further checks by CBP. If approved, the applicant will need to arrange an interview with a CBP Officer at one of the Global Entry Enrolment Centres in the US. German citizens need to visit an EasyPASS enrolment center in Germany and complete a risk assessment by the German Federal police before enrolling for Global Entry with CBP. Transportation Security Administration TSA PreP TSA PreP is an expedited security screening program for passengers considered to be low-risk and is open to US citizens, US nationals and lawful permanent residents. Global Entry members may also be eligible to participate in the Transportation Security Administration TSA PreP screening program. TSA PreP expedites traveller screening through TSA security checkpoints. It s available at more than 150 airports with 12 participating airlines. The following airlines offer TSA PreP: Air Canada Alaska Airlines American Airlines Delta Airlines Hawaiian Airlines JetBlue Airways Onejet Southwest Airlines Sun Country United Airlines Virgin America WestJet Participants are given a Known Traveller Number KTN to use when making flight reservations. Participating airlines will print an indicator on the passenger s boarding pass.

7 Deadline approaching for filing H1B petitions for foreign worker The H1B program is utilised by US businesses to employ foreign workers in specialty occupations. A specialty occupation is defined as one that requires the theoretical and practical application of a body of highly specialised knowledge and the attainment of at least a bachelor s degree (or equivalent) as the minimum requirement for entry into the occupation. Congress has established an annual H1B cap of 65,000 of which 6,800 are set aside for citizens of Chile or Singapore based on the Free Trade Agreements that the United States maintains with these countries. An additional 20,000 visas are available to applicants who possess an advanced degree from a US university. The filing period for H1B petitions to be counted against the annual quota for Fiscal Year 2017 starts on Friday 1 April Employers should be prepared to send all cap-subject petitions by overnight delivery on 31 March 2016 to be received by the US Citizenship and Immigration Services ( USCIS ) on 1 April 2016 for an employment start date of 1 October 2016 (the start of the US 2017 Fiscal Year). If the number of petitions received by USCIS exceeds the annual quota within the first five business days of April, a computer-generated random selection process, or lottery will be conducted to select cases for processing. In the last few years, the H1B cap was reached within the first week of the filing period and it is anticipated that demand will be high this year. To be included in this year s cap, it is critical that employers immediately identify potential candidates for H1B status. As part of the H1B program, the Department of Homeland Security ( DHS ) requires US employers to meet specific labour conditions to ensure that American workers are not adversely impacted, while the Department of Labour s Wage and Hour Division safeguards the treatment and compensation of H1B workers. To obtain an H1B classification, the US employer must first obtain a certified Labour Condition Application ( LCA ) from the US Department of Labour, which certifies that the employer will pay the foreign national a salary that is within the prevailing wage (market rate) for similar positions and will not adversely affect the working conditions of similarly employed US workers. It can take up to 10 days to obtain LCA certification and employers will need to take this timeframe into consideration when filing for H1B status. It is the general view of the business community that the H1B cap hinders US companies competitiveness and benefits competitors abroad. In particular, the technology industry has lobbied aggressively for more H1B visas, claiming that there is not enough talent in the US to fill professional IT vacancies. Although the need for reform is great, due to the continued intransigence of Congress on immigration matters the program is unlikely to be revamped anytime soon. Yet while we allow unlimited visas for pro hockey players, we severely limit visas for engineers, doctors and their spouses. The House of Representatives needs to pass comprehensive immigration reform. -Senator Amy Klobuchar, D-MN contact the head of the relevant practice group: Chris Magrath (Senior Partner UK/US ) chris.magrath@magrath.co.uk ben.sheldrick@magrath.co.uk Alfreda Joubert (Partner - UK) alfreda.joubert@magrath.co.uk Mairin Hoban (Practice Head US) mairin.hoban@magrath.co.uk Kerry Hough (Practice Head Global) kerry.hough@magrath.co.uk The contents of this briefing are for information purposes only. The information and opinions expressed in this document do not constitute legal advice and should not be regarded as a substitute for legal advice. No liability is accepted for the opinions contained or for any errors or omissions.