During the pandemic, the Home Office relaxed the requirement for employers to see physical documents as part of manual right to work checks, permitting the checks to be conducted via a video call with the document holder in possession of their original document and the employer holding a scanned copy. Following a series of extensions, … Continue reading
The Home Office has released updated guidance on right to work checks, to reflect changes which are due to come into effect, from 6 April 2022. Rights to work checks From 6 April, employers will no longer be able to carry out manual right to work checks for employees/candidates who are biometric card holders. Instead … Continue reading
Corporate transactions can uncover a number of immigration considerations, particularly if the buyer, seller, or target company, or any entity involved in the transaction, has a sponsor licence. Even without the complexities of a sponsor licence and the duties of the company, immigration issues can arise relating to the prevention of illegal working. Quite often … Continue reading
The UK Home Office announced over the weekend that it will be introducing a visa route (amongst implementing other measures) to help ease the current shortage of HGV drivers. With full details yet to be confirmed, the announcement indicates that up to 5,000 HGV drivers (together with up to 5,500 poultry workers) will be able … Continue reading
In order to obtain a statutory defence against illegal working, employers should check the right to work of all employees’ original documents in person on or before their employment commences. In the absence of a correct check and in the event that an illegal working issue arises, this will assist the employer in avoiding civil … Continue reading
Last week the Home Office published a series of changes to the Immigration Rules, many of which will take effect on 6 April 2021. Graduate Route In welcome news to many UK employers, the Home Office is introducing a new Graduate route into the UK (under a new section in the rules, called Appendix Graduate). … Continue reading
The effects of the global pandemic are far reaching; few have been unaffected by measures and restrictions introduced in response to the spread of COVID-19. As borders have closed and visa processing services have been suspended, those living and working outside their home jurisdictions have, and continue to face, uncertain times. Some migrants made the … Continue reading
A frontier worker is an EU, EEA or Swiss national, who is economically active in the UK (through employment or self-employment) but resides outside the UK. Under the EEA right of freedom of movement, such nationals are currently free to travel and work in all EEA countries. However as freedom of movement comes to an … Continue reading
The ECJ has ruled on the definition of worker status under the EU Working Time Directive in the case of B v Yodel Delivery Network Ltd – is this good news for businesses? Time will tell. Background The Working Time Regulations (1998) (WTR) transposes the EU Working Time Directive (WTD). Regulation 2 of the WTR, … Continue reading
The current situation is presenting a number of practical difficulties for employers regarding right to work and other immigration matters that may arise amongst their employees. The Home Office has been proactive in relaxing many of its strict requirements to assist, however some areas remain uncertain: Right to work checks – a valid right … Continue reading
The Migration Advisory Committee (MAC) published its widely anticipated report on 28 January 2020, setting out its recommendations for a new UK immigration system to be launched in time for the end of free movement of people on 31 December 2020. The Government will be considering the recommendations in the context of its Immigration Bill, expected … Continue reading
The UK Government’s announcement, that free movement will end the day after a no deal Brexit on 31 October 2019, has left many wondering how the rights of EU citizens will be impacted in the days that follow. Whilst some have speculated that it is unlikely that this means anything different than the original ‘no … Continue reading
The Home Office has announced a new fast-track immigration offer for individuals with skills in science, technology, engineering and mathematics (STEM) subjects. The scheme will provide a three-year visa, during which the individual can come and go from the UK at will. Following the three year period, those on the scheme can apply for indefinite … Continue reading
The Home Office has published an unexpected update in relation to the Tier 2 and 5 Guidance for Sponsors. Where an employee wishes to enter the UK as a skilled worker (Tier 2) or temporary worker or under the youth mobility scheme (Tier 5), they will need to be “sponsored” before they can apply to … Continue reading
The Home Secretary has asked the Migration Advisory Committee (MAC) to review future salary thresholds for the new immigration system which is due to come into force in January 2021. As we mentioned in our blog post- The immigration white paper – what will it mean for the UK’s future immigration system? December 2018 – … Continue reading