The UK government has announced changes to the EU Settlement Scheme from September 2023 which will affect those living in the UK with pre-settled status. The changes have been made following the case of R (Independent Monitoring Authority for the Citizens’ Rights Agreements) v the Secretary of State for the Home Department [2022] in which … Continue Reading
The Home Office has updated its ‘Workers and Temporary Workers: guidance for sponsors’. The changes affect UK employers with sponsor licences and provide clarification on how to amend a sponsored worker’s start date in the UK after their visa has been granted. Sponsors should take note of the changes in order to comply with their … Continue Reading
Over the last two years, we’ve seen the Home Office try its best to re-boot Tier 1 of the Points Based System. It has introduced the Start-Up visa for those wanting to set up an innovative business in the UK, the Innovator visa (similar to the Start-Up visa but with the possibility of applying for … Continue Reading
Those who have been dealing with immigration matters for some time will remember the old Tier 1 (Post Study Work) visa (PSW). It was a lifeline to overseas students who couldn’t find work right away after finishing their degree/masters/PhD in the UK and so it was an unwelcome change when the Home Office closed the … Continue Reading
Following our blog a few weeks ago, the Home Office has this week confirmed that the ability to carry out adjusted right to work checks will now remain in place until 20 June 2021 (inclusive). The temporary measures introduced from 30 March last year have meant that instead of having to have sight of original … Continue Reading
As a result of the restrictions in place due to the COVID-19 pandemic, employers have faced challenges in carrying out right to work checks, which usually require in-person sight of the individual’s original passport or biometric residence permit. Thankfully these challenges were acknowledged early on by the Home Office which introduced temporary measures on 30 … Continue Reading
The EU Settlement Scheme designed to protect the rights of EU, EEA and Swiss citizens and their families already resident in the UK by 31 December 2020 is based on the citizens’ rights section of the UK government’s Withdrawal Agreement with the EU. However, the Withdrawal Agreement has been considered and rejected by the House … Continue Reading
Last week I was proud to speak at Business Forums International’s ‘Vetting and Screening’ Conference regarding the challenges faced by employers when completing right to work checks. I was delighted to share the platform with speakers from Reed Screening, The Forward Trust, Nick Mann Associates, Credence Background Screening, The Security Watchdog and NSL, who covered … Continue Reading
We got a letter from the Home Office last month reminding us, no doubt in common with many others, of our obligations under the Modern Slavery Act 2015. Perhaps you did too. Apparently, it is going to publish a name-and-shame list of non-compliant organisations after an audit at the end of March 2019. The letter … Continue Reading
Last week our Retail Industry Group hosted a ‘Retail Brexit Trade Briefing.’ There was a very lively discussion delving into the opportunities and challenges that Brexit may have for the retail trade. The main concerns of delegates included: How to retain EEA nationals (many businesses reported having a high percentage EEA workforce) How to attract … Continue Reading
Every employer knows that UK law relating to illegal workers is big and fierce and that you take liberties with it at your peril. However, here is what can happen when you take it too seriously. In Abellio London Limited – v – Baker, the EAT has this month taken a look at whether an … Continue Reading
Ever think that you don’t really know your staff? Here is a case about how far that feeling can justify dismissal. Elizabeth Ssekisonge gained indefinite leave to remain in the UK in 2000, qualified as a nurse in 2007 and started work with the Barts Health NHS Trust in 2011. In early 2007 she received … Continue Reading
Following the Migration Advisory Committee’s January recommendations regarding the Government’s proposals to restrict Tier 2 of the Points Based System, the Home Office has now announced the changes that will be implemented across Tier 2. Compared to the initial radical proposals put forward by the Government to restrict Tier 2 last summer, the Home Office’s … Continue Reading
My word, you think, if this is the seventh draft, what on earth must versions one to six have been like? Following the passage of the Modern Slavery Act, “many businesses have called for effective guidance on producing a slavery and human trafficking statement” acknowledges the Home Office, but the latest draft of its Practical … Continue Reading
This is Mental Health Awareness Week in the UK, so here are two brief and totally unrelated perspectives on mental health issues in the workplace. First, a cautionary note for employers in relation to Employment Tribunal proceedings brought by sufferers of serious mental health issues. In Higgins – v – Home Office decided last week, … Continue Reading
If you ever thought that “reality” television programmes like “UK Border Force” are far-fetched, I can officially report that what you see is what you get. Whilst briefly slipping out of the office for lunch at a nearby restaurant this week, my main course was rudely interrupted by the fast and furious arrival of around … Continue Reading
In a report published this weekend commissioned by former Conservative Deputy Chairman, Lord Ashcroft, a poll of more than 20,000 people revealed that 60% believe that immigration has overall brought more disadvantages than advantages to Britain. This is at odds with numerous academic studies showing that the net fiscal impact of immigration is positive but … Continue Reading
The Home Office has announced that it is currently considering measures to reform the civil penalty scheme to prevent illegal working. These proposed changes follow the Prime Minister’s pledge that the Government intends to “take tougher action against employers of illegal migrant workers, and double the maximum civil penalty against them”. Employers already have a … Continue Reading
The Home Office have announced the introduction of a wide range of improvements to the sponsorship management system (SMS). These are due to be implemented on 1 July 2013, with potential further changes to follow. According to the Home Office, these enhancements should help SMS users with the anticipated outcome of ‘fewer rejected applications and … Continue Reading
