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From 13th November 2003 the UK Government is introducing new immigration requirements for foreign nationals coming
to the UK from countries outside the European Economic Area*. Those wishing to stay here for more than 6 months will be
required to obtain a UK residence permit. For work permit holders this is an additional requirement that must be met
prior to arrival, but which cannot be initiated until the work permit is received. All those applying in the UK for an
extension of their leave to remain here will have a residence permit processed at the same time.
Will this apply to everyone from November 13th?
No, the scheme is being phased in over a period of two years and there are a number of exceptions. (See below
for Phase 1 countries and exceptions).
Why is this happening?
The introduction of residence permits will bring the UK into line with the rest of the European Union.
What exactly is a residence permit?
It will take the form of a high-security sticker, in a format standard across Europe, which is placed in a passport
and which will confirm permission to reside in the UK.
Who will process the residence permit?
British Diplomatic Missions overseas will process permits for those planning to arrive in the UK on or after 13th
November. The Home Office in the UK will process permits for those already here, at the time their extension to remain
is being considered.
Who are the exceptions?
Those not requiring a residence permit will include:
- nationals of the European Economic Area*
- those with an outstanding asylum claim
- Individuals currently in the UK with leave to remain for the whole of their intended stay and who do not need to
apply for an extension
- non-visa nationals coming to the UK for less than 6 months
- those with visas or entry clearance
Which countries are included in Phase 1, and what are the practical implications of inclusion?
Australia, Canada, Hong Kong, Japan, Malaysia, New Zealand, Singapore, South Africa, South Korea, USA are the
countries included in Phase 1. At the moment nationals of these countries do not require visas to visit the UK.
From 13th November new arrivals from these countries must seek entry clearance from a British Diplomatic Post
overseas before they embark for the UK (unless they fall into one of the exempt categories). In practice, those
intending to arrive on or after 13th November can make their application to a British Diplomatic Post overseas
any time from mid-October.
Won't this slow down the UK entry process for Phase 1 nationals?
The new requirement certainly adds an extra step; particularly for work permit holders, and there was a
worry initially that the Diplomatic Posts overseas would not be able to cope with the extra numbers of
applications. There is good news though. From mid-October US nationals should be able to make applications
and pay on-line (as of today details have not yet been released but check
www.britainusa.com over the coming weeks). Other Phase 1 countries
are hoping to introduce on-one processing by the end of the year. Check the website of the relevant local
Diplomatic Post for updates.
What will happen if a Phase 1 individual does not make the appropriate application
to a British Diplomatic Post overseas before arriving in the UK?
A grace period will apply up to 13th January 2004. During that time the Immigration Officer at the UK port
of entry will only grant the individual leave to remain in the UK for a maximum of 6 months. If, for example,
the individual has a work permit valid for 3 years, he or she will need to make a further application to the
Home Office in the UK, after arrival and before the 6 months are up, to have their leave to remain brought
in line with the full extent of their work permit.
From 14th January 2004 individuals who have not obtained the correct entry clearance prior to arrival will
be refused admission to the UK.
Is there a cost attached to the new process?
Yes, the Diplomatic Post overseas will charge the local equivalent of £75 for a work permit holder, and £36
for a student.
The Home Office in the UK already raises a charge for processing work permits, work permit extensions and
other types of leave to remain. These charges will cover the issue of a residence permit, and no increase
will be levied as a result of the introduction of the UK residence permit.
What about Phase 2?
The plan is that all remaining countries will be phased in over the next 2 years. Announcements have not
yet been made on specific countries and exact timing.
Questions?
If you need any further information please contact the immigration team at Coppergate International:
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