The UK Home Office has announced several changes to its immigration rules, effective January 31, 2024. The updates expand the allowed activities for visitors and clarify some policies around work visas.
The ‘Statement of Changes in Immigration Rules HC 246’ does not include any of the recently announced policies designed to reduce net migration, due to be in effect during Spring 2024.
Are Home Office visa processing times being impacted?
With the upcoming April 2024 skilled worker salary threshold increase, many applicants are bringing forward applications. Our experience is that, in some cases, this is extending Home Office visa processing times and consequently employers are advised to factor this into their timelines.
Can employees on business trips now work remotely from the UK?
Yes. The new rules permit visitors to work remotely while in the UK, as long as it is not the main purpose of their visit. This provides helpful clarity, as past guidance was ambiguous about remote work. Employees on holiday or business trips can now clearly engage in remote work activities for their overseas employer without issue.
What new flexibility is there around providing legal services?
Before the changes, overseas lawyers were only able to advise clients on specific international litigation and/or an international transaction. Overseas lawyers visiting the UK may now provide a wider range of legal services, such as appearing in arbitrations, conference speaking and teaching, litigation, drafting contracts, and appearing in court. Previously this was restricted. The requirement for the client to be UK-based has been removed.
Can employees advise UK clients during business trips?
Yes, with looser restrictions. Individuals visiting UK operations of their overseas company group may now directly advise and consult UK clients. The activities must be undertaken to deliver a project or service on behalf of the UK group business (not the business abroad) and must be incidental to the person’s employment abroad.
Before, activities had to benefit their overseas employer. This lifts a major limitation.
Can conference speakers obtain longer UK visas?
Being a conference speaker now falls under "permitted paid engagements" (PPE). PPE visitors can enter the UK for 6 months rather than 1 month. This allows the use of eGates on arrival in the UK instead of meeting with border officials and avoids the risks of incorrect landing status.
Are there changes for researchers and academics?
Researchers and academics may now conduct research in the UK as visitors if it relates to their overseas employment. Previously this was limited to sabbatical research.
How have the requirements for international sportspersons changed?
Those applying for 12 months or less can now submit entry clearance applications from any country they are legally present in. This update fixes a past drafting error.
What changes are there to the youth mobility scheme?
The UK Youth Mobility Scheme is a cultural exchange programme that provides young people from participating countries with an opportunity to live and work in the UK for up to 2 years. Changes to the scheme include:
- The age limit is raised from 30 to 35 for South Koreans
- Japanese and South Korean citizens no longer need an invitation first
- More places are allocated for Japanese (6,000) and South Korean (5,000) citizens
- Citizens of Uruguay can now also apply.
How 3CS can help
For further help and advice on these changes, or any business immigration matter, please get in touch with your usual 3CS contact.
