From 6 January 2010 all sponsored skilled workers are required to obtain an Identity Card for Foreign Nationals (ICFN) when they apply to extend their stay in the UK under Tier 2 of the points-based system. Tier 2 is the latest category of application to require registry of biometric information. Others include those making applications for leave under UK ancestry, spouses, civil partners, unmarried or same-sex partners and domestic workers in private households, and those simply seeking a transfer of conditions.
This change to the Tier 2 application process means that all applicants and their dependent family members must attend a biometric enrolment centre to provide biometric information, including fingerprints and a photograph. The information is then checked against UK Border Agency (UKBA) records, and is stored on UKBA systems and on a secure electronic chip in the applicant’s ICFN.
The ICFN has been introduced to combat illegal working and reduce illegal immigration. It is designed to enable holders to confirm their identity and immigration status, and to access their entitlements more easily. While registered as a UK resident, holders will be required to show their ICFN and national passport to immigration officials when leaving and entering the UK.
For categories other than Tier 2, premium same-day appointments are generally available in two to three weeks but appointments for Tier 2 applicants are extremely limited. Applicants who are prepared to travel to locations such as Cardiff or Sheffield may be able to secure an appointment within six weeks. The Public Enquiry Office of the UKBA in Croydon has recently announced that they will be allocating ten appointments per day to legal representatives but no more than one per week to any single representative. Consequently, most applications are submitted by post, during which time the passports of the applicant and their dependants are retained by the UKBA.
Practicalities and timings of the new system
Applicants should be made aware of several aspects of the new system:
- Once an initial further leave application has been submitted to the UKBA, it usually takes one to three weeks for the applicant to be sent a letter inviting them to submit biometric information.
- Once the invitation letter is received, appointments at a biometric enrolment centre are usually available in within a week.
- Applicants living within some postcodes are permitted to use a walk-in service available at certain post offices for an additional fee of £8. However, this service is only available to the main applicant and not to dependants.
- The UKBA states that its aim is to process 75% of applications within four weeks of biometric information being submitted, after which time passports and other documents are returned to applicants.
- The ICFN is issued approximately five working days after the decision is made and posted to the applicant using secure delivery.
Potential problems
Applicants and employers of ICFN holders should also be aware of three important issues under the new sytem:
- 1) Tier 2 extension applications could take eight to ten weeks, during which time they and their family members will not be able to travel. Providing the application has been submitted prior to the expiry of their current leave-to-remain, they will be permitted to continue in employment.
- 2) Tier 2 (General) applicants who are changing employers will not be able to start work with their new employer until their ICFN is updated to include approval of their new job.
- 3) The new further leave process will have an impact on recruitment procedures. The resident labour market test was increased to four weeks in December 2009 and so, combined with the further leave process, the entire Tier 2 process could now take 12-16 weeks.
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Under the new system, applicants should consider making an out-of-country application by returning to their home country and applying for a fresh entry visa. They may be accompanied by their family members or, where necessary, family members may remain in the UK and apply for leave once the main applicant returns to the UK. In the latter scenario, the main applicant will be required to submit their passport with their family member’s applications. This will restrict their ability to travel but will allow them to begin their new employment in good time.
By Julie Speed, senior associate, Kelly Whiter, solicitor, and Davan Holt, paralegal, Magrath LLP.
E-mail: julie.speed@magrath.co.uk; kelly.whiter@magrath.co.uk; davan.holt@magrath.co.uk.
