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Visa nationals meaning

What does Visa nationals mean?
Individuals who, by virtue of their nationality or travel document, must obtain a visa (entry clearance) before travelling to the UK or Ireland. In UK immigration practice, “visa nationals” is a term used in the Immigration Rules: those listed in the Home Office visa national list (and stateless persons and holders of certain non‑national travel documents) must hold entry clearance for visit and other routes; they cannot be granted leave to enter as visitors at the border. The list is regularly updated and should be checked at source. The UK ETA scheme does not apply to visa nationals. In Ireland, the equivalent concept is “visa‑required nationals”, determined by ministerial orders and the Department of Justice list. Such nationals must obtain an Irish visa in advance; they will not be granted leave to land without it. While terminology differs, usage is consistent across England & Wales, Scotland, Northern Ireland and Ireland: the designation dictates pre‑travel visa requirements, carrier checks and liability, and whether entry clearance must be produced on arrival. Commonwealth citizenship does not of itself remove visa requirements. Limited exemptions may apply (e.g., certain transit categories), so practitioners should confirm current rules for the specific route and purpose of travel.
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NEWS
UK employment law implications of the April 2024 Skilled Worker visa changes: salary thresholds, transitional rules, new entrants, sponsorship policies, discrimination risks, and managing affected staff

Salary increases On 4 April 2024, all three key salary benchmarks rose for standard, new Skilled Worker applications. To sponsor an individual on this route, employers must now pay whichever is highest of the following: the general minimum salary threshold, lifted from £26,200 to £38,700 gross a year the hourly floor, increased from £10.75 to £15.88 per hour the going rate, which shifted from the 25th percentile in the occupation code under the Annual Survey of Hours and Earnings (ASHE) to the 50th percentile (the median) Because of that final adjustment, certain minimum rates jumped by 50 per cent or more, with many new figures exceeding both the threshold salary and prevailing market pay, especially for roles outside major cities where remuneration is often lower. Note too that the going rate is typically calculated on a 37.5-hour working week; where contracts specify longer hours, the corresponding going rate requirement can be higher. Transitional Rules and New Entrant discounts The...

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NEWS
UK immigration: EES border funding, visa downturn, NRPF for migrant nurses, and key Upper Tribunal rulings (Article 8, Zambrano, Ukraine schemes)—29 August 2024

In this issue: Key developments UK Immigration control: how it works Sponsored work Challenging immigration decisions and enforcement Daily and weekly news alerts New and updated content Key developments Future developments—Immigration calendar Our Immigration calendar highlights the principal upcoming milestones of interest to business immigration practitioners. It sets out the dates and developments practitioners need to track. UK Immigration control: how it works Government announces £10.5m funding for EES border changes The government has set aside £10.5m to ready the Port of Dover, Eurotunnel in Folkestone and Eurostar at St Pancras for the EU’s forthcoming digital border regime, the Entry/Exit System (EES), due this Autumn. The EES—confirmed by the European Commissioner for Home Affairs on 16 August 2024 to commence on 10 November 2024—will capture entry and exit details for non‑EU nationals travelling to the EU. Implementation will involve taking travellers’ fingerprints and a photograph at the frontier. The allocation is intended to mitigate...

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NEWS
UK immigration weekly briefing for lawyers: Labour plans, BRP eVisas, visa application centre changes, Skilled Worker reforms, Jan–July 2024 cases, Begum ruling, ILPA/Law Society statements — 8 August 2024

In this issue Key developments UK immigration control: how it works Sponsored work British citizenship Daily and weekly news alerts New Q&As Future developments—Immigration calendar Our Immigration calendar highlights forthcoming milestones of relevance to business immigration advisers. Immigration cases January—July 2024 review Adam Pipe, barrister at No 8 Chambers, surveys the leading decisions from January to July 2024 for immigration practitioners, setting out why they matter. The roundup addresses: withdrawal of sponsor licences; legal limbo and Article 8 ECHR; judicial conduct and fairness; EUSS and the Withdrawal Agreement; deportation affecting EEA and non‑EEA nationals; electronic monitoring; private life; entry clearance; and citizenship rights and removal of status. See News Analysis: Immigration cases January—July 2024 review. UK immigration control: how it works What to expect from the new Labour government on Immigration Law Ben Maitland, senior associate at Vanessa Ganguin Immigration Law, examines statements from the newly elected Labour government on legal migration, including...

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View the related Practice Notes about Visa nationals

PRACTICE NOTES
UK Skilled Worker route applications: practitioner guide to English-language, financial and genuineness requirements, switching, dependants, conditions, settlement and administrative review (2024–2026 updates)

The Skilled Worker route The Skilled Worker route allows UK employers holding a valid sponsor licence to hire, or continue to employ, skilled individuals who are neither British nor Irish nationals. It is the principal route for entry to, and residence in, the UK for employment. The Practice Note: Sponsoring a Skilled Worker reviews the eligibility requirements connected to a sponsor issuing a Certificate of Sponsorship (CoS), including the necessary skill level and salary. Once a CoS has been issued, and provided the applicant meets all other criteria, they can apply for entry clearance or permission to stay...

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PRACTICE NOTES
UK Immigration Rules HC 1118: 2022 changes analysed—Global Business Mobility, Scale-up, High Potential Individual, Family and Private Life Appendices, EUSS, Students; validity and variation rules and implementation dates

This analysis considers the main changes to the Immigration Rules (the Rules) set out in HC 1118. The Statement of Changes was laid on 15 March 2022, accompanied by an Explanatory Memorandum (EM). Subscribers can swiftly move to particular sections of this Practice Note using the Table of Contents on the left-hand side of the screen. The key substantive developments include: Launch of the previously signposted ‘Plan for Growth’ routes Overhaul and rebranding of four existing sub-categories, plus a new secondment strand within the Global Business Mobility visa routes Introduction of the Scale-up and High Potential Individual routes For some of these new pathways, crucial practical details will only be confirmed when the Sponsor Guidance is released, typically on the date the changes take effect. There is also a new Appendix Settlement Family Life, presenting in simplified form the Rules for partners, parents and dependent children on the ten-year route to settlement, and a new Appendix Private Life, likewise simplified...

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PRACTICE NOTES
HC 877: UK Immigration Rules changes from 6 April 2016—comprehensive practitioner analysis of PBS, family, visitors, refusals, administrative review and service of notices

This review outlines the principal updates to the Immigration Rules (the Rules) contained in HC 877 that will most concern business immigration advisers. HC 877 was laid on 11 March 2016, accompanied by an Explanatory Memorandum (EM). This notice excludes amendments to Tier 2 of the Points-Based System (PBS) recommended by the Migration Advisory Committee (MAC) in its January 2016 report, as the Home Office has not yet issued a formal response to the MAC review. Revisions to the Immigration Rules for Tier 2 are expected in the summer or autumn. Be aware that two sets of corrections were placed on the opening pages of HC 877 in March 2016, before the Statement took effect. You can jump to individual subjects swiftly via the Contents bar. Implementation Unless specified otherwise, the amendments apply to applications submitted on or after 6 April 2016. Applications filed before this date will be determined under the Rules in force as at 5 April 2016. Definitions Apart from definition changes that...

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PRECEDENTS
UK Standard Visitor (Business): Template Letter of Support from Overseas Employer

[ To be produced on the official letterheaded paper of the overseas business ] [ Address to either: Chief Immigration Officer [ insert port of entry ] (non-visa nationals) or Entry Clearance Officer [ insert entry clearance post ] (visa nationals) ] [ Add date ] Dear [ insert organisation’s name ] [ Provide the visitor’s full name, date of birth, and nationality exactly as stated in the passport ] Request for entry to the UK for a business visit This correspondence is submitted to back the request of the person named above for permission to enter the UK as a visitor within the standard visitor category for a duration of [ insert number of days/weeks/months ]...

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PRECEDENTS
Precedent: UK Standard Visitor (Business) – support letter from UK company for overseas business visitor

[ To be printed on the UK business’s official letterheaded paper ] [ Address to either: ] Chief Immigration Officer [ insert port of entry ] (non‑visa nationals) Entry Clearance Officer [ insert entry clearance post ] (visa nationals) [ Insert date ] Dear [ insert organisation name ] [ Include the business visitor’s full name, date of birth and nationality exactly as shown in their passport ] Request for entry to the UK for a business visit This correspondence is submitted in support of the above‑named individual’s request for permission to enter the UK under the standard visitor category for a period of [ insert number of days/weeks/months ]. [ Insert title and last name of applicant ] will be accommodated at [ insert full address, including hotel name if applicable ]...

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