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New Immigration Rules for Overstayers in the United Kingdom in 2023

Overstaying your UK visa is a serious issue that can have serious and far-reaching consequences, such as deportation, forced removal, detention, and other legal implications and convictions that may jeopardize your future immigration opportunities within the country. 

Understanding the New Overstay Immigration Rules

The new immigration rules for overstayers in the United Kingdom are intended to make it easier for authorities to identify and deport those who have overstayed their Visa. Changes include the implementation of more technologically advanced tracking database systems that keep more detailed records of all those who have entered the country and overstayed their visa rights. Furthermore, immigration officers have been given new powers to detain those found to be in violation of these rules.

What exactly is the Global Talent Visa?

The Global Talent Visa is a highly sought-after immigration category for non-British nationals who want to come to the UK for work or employment in specific industries.

Most applicants must obtain an official endorsement from one of six approved endorsing bodies.

The British Academy, The Royal Academy of Engineering, The Royal Society, and UK Research and Innovation (UKRI) provide endorsements for qualified applicants in science, engineering, medicine, social sciences, humanities, and other academic and research roles.

When applying for endorsement, eligible academics and researchers have four options:

Eligible academics and researchers have four options, when applying for endorsement:

  1. academic and research appointments 
  2. individual fellowships 
  3. endorsed funders 
  4. peer review

The bodies that oversee applicant endorsements in the fields of non-academic arts, culture, and digital technology are Arts Council England and Tech Nation.

The first step in the process is to obtain approval from an approved body. The applicant must then submit their visa application and endorsement to the Home Office for approval.

The application process for the Global Talent Visa can be complicated, and it is critical to submit your endorsement and visa application forms to the highest standard possible to increase your chances of success.

Highly qualified people in a variety of fields, including science, engineering, the humanities, medicine, digital technology, the arts, and culture, can apply for the Global Talent Visa in the UK. You must take the following actions in order to apply for a Global Talent Visa:

It’s critical to ascertain your eligibility for the Global Talent Visa before starting the application process. In your particular field, you must be acknowledged as a leader or an emerging leader and have the endorsement of a reputable UK endorsing body.

Choose the relevant accrediting organization for your field. Based on your accomplishments and contributions to your field, the endorsing bodies will evaluate and approve your application. Before moving forward, you should carefully review the requirements set forth by each endorsing body, as each has its own set of specifics.

Assemble all the paperwork required to bolster your application. These usually consist of:

  1. A valid travel document, such as a passport
  2. A comprehensive resume (CV)
  3. references or recommendation letters from professionals in your field
  4. Proof of your accomplishments, publications, honors, or work
  5. Evidence of your fluency in English, if applicable
  6. An endorsement letter from the endorsing organization

Fill out the online Global Talent Visa application form by going to the official UK government website. You must pay the visa application fee and register for an account

You might be asked to bring your fingerprints and a photo to a biometric appointment at a visa application centre if necessary.

Your endorsement body will assess your online application and render a determination following its submission. They will either give your application their blessing or offer suggestions for improvement.

After receiving your endorsement, you must send your letter of recommendation to UK Visas and Immigration (UKVI) together with the necessary supporting documentation.

The Immigration Health Surcharge (IHS) must be paid in addition to your visa application. The National Health Service (NHS) in the UK is accessible with this surcharge.

You might occasionally be required to attend an interview as a requirement of the application process.

You’ll have to wait for a decision after submitting your application. Although processing times can differ, you can check the average processing times on the website of the UK government.

You will receive a Biometric Residence Permit (BRP) if your application is accepted, which you have to pick up as soon as possible after arriving in the UK.It is imperative to acknowledge that the application process for the Global Talent Visa can be intricate. To guarantee a seamless and prosperous application, it is strongly advised to obtain legal counsel or direction from a proficient immigration specialist, such as our team at IAS. Furthermore, the guidelines and requirements might change, so before applying, make sure to check the most recent version on the official website of the UK government.

EMPLOYERS AND SKILLED WORK VISA

At Push Legal Services, we acknowledge that the marketplace for business is worldwide and that people’s movement across the world is paramount to their rate of success and growth. We pride ourselves with vast experience of over a decade in rendering necessary assistance to all forms of businesses, from multinational corporations to start-ups, with recruiting or transferring their employees from across world.

It is important to understand how the points based system works (“PBS”) and what it means for you as United Kingdom based employers employing migrant workers and educational institutions teaching migrants. The points-based system only covers migrants from outside the European Economic Area (EEA) and Switzerland. Although there are some restrictions on nationals of countries that have recently joined the EEA.

Under the current system, migrants will need to pass a points-based assessment before they are given permission to enter or remain in the United Kingdom. The system consists of five tiers. Each tier has different points’ requirements. The number of points the migrant needs and the way the points are awarded will depend on the tier they are applying under. Points will be awarded to reflect the migrant’s ability, experience, age and when appropriate the level of need within the sector the migrant will be working.

The Role of the Sponsor

Migrants applying under any tier except tier 1 will need to be sponsored in order for their application to be successful. If a United Kingdom organisation wishes to recruit a migrant under tiers 2, 4 or tier 5: Temporary Workers they will have to apply to the Home Office for a sponsor licence.

Under tiers 2 and 5: Temporary Workers, the sponsor will need to be a United Kingdom based employer. Under tier 4, the sponsor will need to be a United Kingdom based educational institution.

Migrants wishing to come to the United Kingdom under Tier 5: Youth Mobility does not require a United Kingdom based employer. Call us now on 0333 0124 253

The Five Tier System

The points-based system consists of five tiers. Please go to our section of the same heading for further information and guidance. In summary these tiers are:

  • Tier 1 – highly skilled workers
  • Tier 2 – skilled workers with a job offer
  • Tier 3 – low skilled workers filling specific temporary labour shortages
  • Tier 4 – students
  • Tier 5 – youth mobility and temporary workers.

Through solid expertise and dedication, our qualified immigration lawyers at Push Legal Services boost of unequalled and unrivalled ability to provide quick delivery, prompt, stress-free and practical advice to corporate gurus like senior management, Human Resources personnel and in-house counsel in respect to all their General and Intra-Company Transfer visas, as well as sponsor licence and Sponsor Management System matters.

From practical experience, corporate immigration law are difficult to go by because of its complexity and procedural pitfalls which often pose a threat to business plans that may disrupt the plans. Therefore we not only provide day-to-day advice to clients, but also long term strategic planning to minimise problems and delays.

Our Corporate immigration services consist of the following:

  • Sponsor licence applications: Applying on behalf of a UK entity or a UK branch of a multinational entity, for the mandatory sponsor licence required to employ non-European workers. Sponsors are expected to take responsibility for making sure that migrants comply with their immigration conditions, by keeping records on each migrant, and reporting any changes to the Home Office, such as if they do not turn up for work besides others. A licence can be ‘downgraded’ if sponsors do not comply with their duties or even withdrawn. Call us now on 0333 0124 253.
  • Work permits: Advising on and issuing work permits (‘Certificates of Sponsorship‘) on behalf of UK entities, or a UK branch of a multinational entity, in order to permit the employment of non-European workers. Sponsors are responsible for assigning certificates of sponsorship to migrants. As well as having a certificate of sponsorship, migrants must also pass a points-based assessment to come to or stay in the United Kingdom. These certificates will be restricted (for overseas applicants) or restricted (applicants from within the UK). Call us now on 0333 0124 253
  • Work visa applications: Applying for General and Intra-Company Transfer entry and extension visas on behalf of non-European workers seeking to work in the UK, as well as applications for settlement and British citizenship on behalf of workers. Call us now on 0333 0124 253
  • Immigration Audit & Compliance: Advising on the full range of immigration compliance matters, including illegal working. It is important, before submitting an application that you have good human resource systems and compliance in place to allow you to monitor and keep records of the migrants you employ or teach. The Home Office will give your systems a ranking before they grant you a licence. We can offer you an extra consultancy service to ensure your human resources systems are prepared for a UKBA compliance visit. Call us now on 0333 0124 253
  • Representative of an overseas business: Applying for sole representative visas on behalf of a senior employee of an overseas entity seeking to come to the UK to set up a UK branch, or a wholly owned subsidiary, of the parent entity. Call us now on 0333 0124 253
  • Business visit visas: Advising on and applying for visas on behalf of business visitors. Call us now on 0333 0124 253

Leave to Remain / Entry Clearance for the Foreign National Worker.

Migrants will need permission to come to the United Kingdom or leave to remain from within the UK before being allowed to commence work for the sponsored employer. This is a separate application, in addition to securing the sponsor licence, issuing the Certificate of Sponsorship and then applying for leave to remain / enter. It is essential that leave to remain or entry clearance be secured. Call us now on 0333 0124 253

Why Choose Push Legal Services?

  • You pay affordable and Fixed Fee so you stay in control.
  • You receive direct access to qualified lawyers with in-depth experience.
  • We do all the work for you so you know exactly what you need to do secure a licence and prepare for a UKBA compliance visit for you
  • Direct access to qualified lawyers – with in-depth experience
  • Experts who can get the application right the first time
  • Consultation with a specialist lawyer to assess your eligibility, avoid disappointment and wasted fees.
  • Excellent contacts so that should your business have any additional needs or require advice, we can help point you in the right direction without any obligation.
  • Wealth of experience and knowledge as to the best way forward for you and your family.

To find out more about how we can help you, contact us on 0333 0124 253, or via fax on 0330 0249 214. You can also email us at enquires@pushlegalservices.co.uk. If you would like us to call you back, please complete the online Contact Form and we will get in touch at a time that suits you.

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