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Concession for temporary leave to allow employment as HGV fuel drivers
On 2 October 2021, the Home Office published guidance to a concession that allows non-visa nationals to enter the UK at the border and work as an HGV fuel tanker driver until 31 March 2022. This comes after the initial press release on 27 September 2021.
Who is eligible and will be considered under the concession?
The Home Office states that the following individuals are eligible to be considered under the concession if they:
- are a non-visa national
- hold an EU, EEA or Swiss licence to drive HGV fuel tankers (HGV category C or C+E plus current accreditation for the transport of fuel further to the international convention about dangerous goods transport)
- have been issued with an HGV fuel driver’s endorsement letter by the Department for Business, Energy and Industrial Strategy (BEIS)
- arrive in the UK for the purpose of undertaking employment, as an HGV fuel tanker driver between 1 October 2021 and 15 October 2021
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What is an HGV fuel driver’s endorsement letter by BEIS?
BEIS must confirm their endorsement and approval of an HGV fuel driver before the driver seeks to enter and work in the UK under this commission. For information can be found here.
What will happen when I get to the UK border?
When you arrive at the UK border, you must show a valid national passport and your HGV fuel driver’s endorsement letter to a Border Force officer. Individuals must not attempt to enter through an e-gate.
The Border Force officer will consider the following:
- Whether you are eligible to be considered under this concession – you must be a non-visa national; and you must hold a relevant valid national passport, an EEA licence and accreditation to drive HGV fuel tankers and an HGV fuel driver’s endorsement letter from BEIS
- Whether they are satisfied that you are genuinely seeking entry for the purpose of undertaking employment as an HGV fuel tanker driver
- Whether you will be able to maintain and accommodate yourself without recourse to public funds
- Whether you intend to leave the UK at the end of your period of permission
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What will happen if I am approved?
If the Border Force officer is satisfied that you are eligible for the concession, you will be permitted to enter and work in the UK as a fuel tanker driver for the specified employer until 31 March 2022. Individuals will not be permitted to carry out any other work, nor will they be able to work for an employer other than the one specified.
Dependants will not be permitted to enter unless they meet the requirements of the Immigration Rules.
What if I am refused?
If the Border Force officer is not satisfied that you are eligible for the concession, you may be refused entry into the UK. Individuals can also be refused entry based on the grounds stated under part 9 of the Immigration Rules. You will not attract a right of appeal if refused permission to enter the UK under this concession.
What if I leave the Common Travel Area, for example, to return home for a short visit, after being granted entry under this concession?
Your entry to the UK under this commission will expire if you leave the Common Travel Area at any time. The Common Travel Area is the arrangement between the UK, the Crown Dependencies (Bailiwick of Jersey, Bailiwick of Guernsey and the Isle of Man) and Ireland. If and when you wish to re-enter, you must present your passport and HGV fuel driver’s endorsement letter again to be granted entry. You will be granted permission to enter until 31 March 2022.
Ready for assistance?
If you have any questions, or want to book an appointment with one of our legal experts, contact Woodcock Law today. Call us on +44 (0)20 7712 1705 or email info@woodcocklaw.co.uk.
