Tag archives: Brexit

UK points-based immigration system: Further details announced

On 13 July 2020, the Home Office published further details on how the UK’s points-based immigration system will work from 1 January 2021. As set out in the Policy Statement published in February, anyone coming to the UK for work, including EU citizens, will need to demonstrate they meet a specific set of requirements for which they will score points. There is no overall cap on the number who can apply under the Skilled Worker route.

The key change to note is that any employer wishing to employ EU citizens will need to have a sponsor licence and pay the … Continue Reading

The UK proposes a new points based immigration system

On 19 February 2020 the UK Government published its policy statement setting out its proposals for a new points-based immigration system. Following the UK’s exit from the EU, free movement of workers will cease and all EU and non-EU citizens will be treated equally from 1 January 2021.  The Government will introduce a new immigration system which will be a points-based system giving priority to highly skilled migrants.  This arguably has particular implications for certain industry sectors such as construction, hospitality and social care where many people employed by those sectors are low-paid workers and a significant number of them … Continue Reading

A new immigration landscape: Migration Advisory Committee Recommendations

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 to be published in March 2020. The main recommendations are set out below.

Possible role of a points based system

 

1. Skilled worker route for entry with a job offer. The current Tier 2 General category should be retained and apply … Continue Reading

The End of Free Movement in the UK?

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 deal’ plan that was published some months ago (under the previous Home Secretary), others, including the Home Office, indicate that there could be immediate practical implications with reference to a ‘new immigration system’ being ‘developed’ and that plans will be revealed in due course.

These … Continue Reading

No Deal arrangements for EU citizens

One of the many outstanding issues for immigration lawyers was how EU citizens would be able to enter the UK after 29 March 2019 in the event of a “no deal” scenario. Whilst a new immigration system is due to come into force in 2021, the situation remained unclear as to what would happen to any EU citizen seeking to enter the UK after the UK had left the EU in March in the event of a no deal.  On 28 January 2019, the Home Secretary, Sajid Javid set out the provisions for EU citizens coming to the UK after … Continue Reading

Settled status for EU citizens

The EU Settlement Scheme, which processes applications of EU citizens living in the UK to allow them to remain in the UK after Brexit, has gone live.

From 21 January 2019 a public test phase will run for individuals who are resident EU citizens (with a valid EU passport) or non-EU citizen family members of EU citizens (with a biometric residence card) . The Scheme will open fully on 30 March 2019.

The EU Settlement Scheme applies to EU citizens already in the UK prior to 29 March 2019, or those who enter before the end of the transition period … Continue Reading

The immigration white paper – what will it mean for the UK’s future immigration system?

The UK Government has now published the White Paper on the future immigration system for the UK after it leaves the EU. It has confirmed, following many of the recommendations by the Migration Advisory Committee (MAC), that it will adopt a new single skills-based immigration system from 1 January 2021.  The new system will put an end to the EU free movement of people regime and will be a system where it is “a worker’s skills that matter, not which country they come from” and there is a focus on “quality” rather than “… Continue Reading

Brexit – English Soccer and dispute over foreign players

Another interesting and unforeseen consequence of Brexit is the power struggle that has been triggered between the Premier League and the FA in relation to post Brexit quotas for “home grown” players and the visa requirements for overseas players.

The FA is seeking to use Brexit as an opportunity to boost the longer term health of the national team by reducing the number of overseas players in each squad. This is not proving popular with the Premier League which takes the view that a continued influx of high profile international players adds to the global appeal of the league.

Following … Continue Reading

What impact will Brexit have on UK employment law?

As reported on the blog last year, the result of the EU referendum in the UK on 23 June 2016 was that the UK should leave the EU. Since then, formal notice of withdrawal was served on 29 March 2017 which means that the UK’s exit from the EU will take place once agreement is reached but, in any event, by 29 March 2019 (unless there is agreement for an extension of the negotiation period). This post looks at the latest on what Brexit will mean for UK employment law.

Background

Key parts of UK employment law are derived from … Continue Reading

Theresa May sets out her offer for the rights of EU citizens after Brexit

Until the UK withdraws from the EU, EU law will continue to apply in the UK and so the rights of EU citizens and their family members to live and work in the UK remain unchanged. However, after Brexit, free movement rights will come to an end. On 26 June 2017 Theresa May briefed MPs on the details of the Government’s proposals to safeguard the rights of EU citizens living in the UK after Brexit. The “offer” is conditional on a reciprocal arrangement with the EU to safeguard the rights of UK nationals living in the EU.

In summary, the … Continue Reading

Brexit : employment law – parliamentary briefing paper

On 10 November 2016,  the UK Parliament published a Briefing Paper setting out the Government’s position in relation to employment rights of workers following the UK’s exit from the EU.  Whilst the Government may believe that the Briefing Paper clearly sets out its position, on closer analysis it seems to raise more questions than it answers, and has given rise to some misunderstandings.

Key parts of UK employment law are derived from European law which provides minimum standards for domestic employment law. Some EU law has been implemented by way of primary legislation, for example the Equality Act 2010.  These … Continue Reading

“Brexit” – Employment Law Implications

On 23 June 2016, voters in the UK referendum chose to leave the European Union. Exit from the EU will require the government to make a formal application under Article 50 of the Treaty on European Union.  This provides for a period of negotiation of up to two years (which can be extended if agreed).  During this period the UK remains a member of the EU but businesses are facing a period of uncertainty and are seeking a view as to what “Brexit” will mean for their business and their employees.  The implications for employers will very much depend on … Continue Reading

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