UK Immigration Update – January 2025

This update focuses on the latest developments on automatic renewal of status under the EU Settlement Scheme, UKVI fee increases coming into effect in April 2025 and the roll out dates for the ETA framework for Visitor travel to the UK.

1. Automatic grant of Settled Status/ Extension of Pre-Settled Status

UK Visas and Immigration (UKVI), which is the body responsible for deciding who has the right to visit or stay in the UK, have released some details of how holders of Pre-Settled Status (PSS) approaching their 5^th anniversary will receive automatic grants of Settled Status (SES) or automatic 5-year PSS extensions. The established position for holders of PSS or EUSS, remains that either status will only be automatically lost for continuous absences exceeding 5 years or 4 years for Swiss nationals.

Key points from the latest update are:

• From the end of January 2025, via phased implementation, the UKVI will email some holders of PSS approaching their 5-year anniversary confirming they have been granted Settled Status. The UKVI do not specify how individuals will be selected for the first phase
• UKVI’s assessment of automatic entitlement for Settled Status will be based on “Government held” information. Whilst not specific or exhaustive, initially this is likely to be for simpler cases where they can see, via HMRC records, payment of UK Income Tax/ National Insurance contributions throughout the 5-year qualifying period
• UKVI intend to increase the phased implementation of automatic approval of SES later this year (the exact timing is still to be specified), presumably where they will use other non-UK tax-related evidence of UK residence throughout the 5-year qualifying period
• For those approaching the 5th year anniversary who have not applied for Settled Status and are not part of the first phase of automatic grant of SES, they will be granted an automatic five-year extension of their current PSS. The indication is that the automatic renewal will not be phased, rather, any person who has not applied for SES and is not included in the first phase of automatic grant of SES, will automatically be granted a 5-year PSS extension. Pending release of detailed guidance, our understanding is that extensions will be automatic irrespective of absences exceeding 180 days in any 12 months of the 5-year qualifying period. The 5-year extension would not preclude individuals making an application for SES if eligible, but rather provide a safety net for those who have not applied for SES and are not included in the first phase, and
• Where SES is refused, for example where (save for limited exceptions) an individual has been absent from the UK for more than 6 months in any 12 months of the 5-year qualifying period, as above, our expectation is they will be given an automatic 5-year renewal of PSS, with a further opportunity to apply for SES in the future. 

Recommended communications for the UK Workforce at this stage:

1. PSS and SES will automatically be lost after 5 continuous years’ absence from the UK
2. For those 30 days prior to their 5^th anniversary of PSS and who believe themselves eligible for SES, we recommend they apply for SES as there is no guarantee they will be included in the first phase of automatic SES approvals
3. If they fail to apply for SES and are not included in the first phase of automatic approvals, based on current information, they should receive automatic 5-year PSS extensions. If they believe they are eligible for SES, there is no issue in them applying at any stage within the 5-year extended period of PSS.

2. UK Visa and Immigration fee increases

UKVI has announced fee increases to some categories of UKVI application types. The measures need to pass both Houses of Parliament and there is no definitive confirmation of an effective date, but in line with previous annual increases, they are likely to be effective for applications submitted on or after 5 April 2025.

Headline changes include:

• The Certificate of Sponsorship (CoS) fee to increase to £525 from £239. This is a substantial increase in percentage terms but reflects the fact that previous increases over an extended period of time have been more modest.  As currently drafted, there seems to be no distinction based on CoS duration, namely the increase will apply to short-term Senior/ Specialist routes. CoS fees for some Temporary Worker routes, for example Internships will increase from the current £25 to £55. As matters stand, these are the only increases impacting the sponsored work route framework, presumably on the basis that current charges are already prohibitively high
• UKVI fees for Naturalisation Applications for UK Citizenship will increase from £1,500 to £1,605
• UKVI fees for Renunciation of UK Citizenship, Amendments to UK Citizenship Certificates and Right of Abode documentation increase to £482, £428 and £589 respectively
• UKVI fees for Administrative Review increase to £482, and
• An increase to the application fee for an ETA from £10 to £16.

3. Recap on Electronic Travel Authorisation developments

Here is an update on recent Electronic Travel Authorisation (ETA) developments:

• Nationals of Qatar, Bharain, Oman, KSA, Oman and UAE are currently eligible to apply under the ETA Scheme.
• Effective for travel to the UK on or after 8^th January 2025, nationals of the below countries are now required to apply under ETA:
  • Antigua and Barbuda, Argentina, Australia, Barbados, Belize, Botswana, Brazil, Brunei, Canada, Chile,  Costa Rica, Grenada, Guatemala, Guyana, Hong Kong Special Administrative Region (including British National (Overseas), Israel, Japan, Kiribati, Macao Special Administrative Region, Malaysia, Maldives, Marshall Islands, Mauritius, Mexico, Federated States of Micronesia Nauru, New Zealand, Nicaragua, Palau, Panama, Papua New Guinea, Paraguay, Peru, St Kitts and Nevis, St Lucia ,St Vincent and the Grenadines, Samoa, Seychelles, Singapore, Solomon Islands, South Korea, Taiwan, The Bahamas, Tonga, Trinidad and Tobago, Tuvalu, United States and Uruguay.
  • Colombia was initially on this list, but Colombian nationals have since been designated as Visa Nationals, meaning they will not be eligible to use ETA and will need to submit all applications via the relevant Visa Application overseas.
• Effective for travel to the UK on or after 2 April 2025, nationals of the below will be required to apply under ETA:
  • Andorra, Austria, Belgium, Bulgaria, Croatia, Cyprus, Czechia, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, Netherlands, Norway, Poland, Portugal, Romania, San Marino, Slovakia, Slovenia, Spain, Sweden, Switzerland and Vatican City.
• Removal of Jordanian Nationals from ETA Eligibility:
  • Having been included in the February 2024 roll out, Jordanian nationals will no longer be eligible to apply under ETA and will need to apply for prior Entry Clearance via the relevant UKVI Centre overseas. Their removal is due to a substantial number of Asylum claims submitted by ETA holding Jordanian nationals, which has led to the perceived need for greater pre-travel vetting.
• Residents of Ireland:
  • Irish residents, otherwise eligible to apply for an ETA, and entering the UK from Ireland, Guernsey, Jersey or the Isle of Man will be ETA exempt i.e. by virtue of their Irish Residence Permit. This exemption does not apply to those visiting Ireland but without a formal Irish Residence Permit. So, for example, a Qatari national resident in Ireland with an Irish Residence Permit entering as above will be ETA exempt and likewise, assuming no change in the law, a US national resident in Ireland, with an Irish Residence Permit and entering as above.
• Additional mandatory Refusal Grounds – ETA applications:
  • Otherwise eligible applicants will also be unable to apply for an ETA and instead will need to apply for a Visitor Visa via the relevant UKVI Visa Centre where:
    • Their most recent application for a UK Visitor Visa has been refused, and
    • An individual holding an ETA had their status cancelled at a UK Port of Entry, for example where a UK Immigration Officer was not satisfied their entry constituted permitted visitor activity.

For further information and advice on all UK immigration issues, please contact Jonathan Chaimovic.