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Some EEA nationals must return to the UK by 31 December 2020 to settle under EU Settlement Scheme
21 December 2020During the course of 2020, many EEA nationals who have been living in the UK have moved abroad due to reasons relating to the COVID-19 pandemic. In important guidance issued by the Home Office on 15 December 2020, the Home Office has confirmed that the normal rules on absences will be applied when assessing eligibility for pre-settlement and settlement under the EU Settlement Scheme (EUSS). What this means is that some EEA nationals will need to return to the UK by 11 pm on 31 December 2020 if they wish to avoid losing their eligibility for pre-settled and/or settled status under the scheme.
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Sports Q&A: Points-based system introduced for overseas players in England post Brexit: what does this mean for football transfers?
21 December 2020To obtain a visa to play professional football in the UK a player must first obtain a Governing Body Endorsement (GBE) from the FA.
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The countdown for the new UK immigration system 2020 and Brexit – are you ready?
21 December 2020From 1 December 2020 a new immigration system came into force in the UK. It will apply to EEA/Swiss (‘EEA’) nationals from 1 January 2021. Employers should have started preparing for these changes, including understanding the proposed new rules, checking recruitment plans and budgets, obtaining or reviewing a sponsor licence and assisting staff with applications under the EU Settlement Scheme.
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英国就労ビザへの新しいポイントベース移民システムの導入
16 December 2020労働を目的とする移民について、10月中旬の移民法の改正に関する政府発表は、多くの点でむしろ拍子抜けしたものであった。 過去2年間、「新しい」ポイントベースの移民制度に関する政府の計画を説明した一連の報告書と政策の発表が続いた。そのため、その主要な変更点に関しては、驚くに足るものではなかった。 For workbased immigration, mid-October’s statement of changes to the Immigration Rules was in many ways rather anticlimactic. The last two years have been a series of reports and policy statements setting out the government’s plans for a ‘new’ Points-Based Immigration System. The major changes therefore come as no great surprise.
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Right to work checks beyond 2020
10 December 2020We are the last few weeks away from the end of the transition period and leaving freedom of movement behind. Although employers will be busy getting to grips with the post-Brexit immigration system, what we are seeing is that they are very concerned about what changes they need to make to their right to work check procedures, and when.
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New frontier worker route launched from 10 December 2020
10 December 2020On 10 December 2020, the UK opened up a process for EEA nationals to apply for a frontier worker permit. This will allow some cross-border commuters who work in the UK but live abroad to continue their working pattern after the end of the Brexit transition period.
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The new immigration system – Q&As
30 November 2020In our recent webinar in November 2020, we shared an overview of the new system and how it is likely to work in practice. We cover sponsorship of skilled workers and look at some of the main work-related immigration routes, including the Skilled Worker, Intra-Company Transfer, Sporting and Creative, Global Talent and Graduate visas. Our webinar generated a wide-ranging set of questions from attendees, which we have collated and answered as a set of Q&As.
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Home Office issues new guidance for sponsors
23 November 2020The guidance replaces the Tier 2 and 5 sponsor guidance. It covers the Skilled Worker, Intra-Company Transfer and Temporary Worker routes and is intended to provide information on sponsorship when these routes are launched from 1 December 2020.
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Immigration Rules confirmed for Hong Kong British National (Overseas) citizens
19 November 2020From 31 January 2021, two new immigration routes will be introduced for British National (Overseas) (‘BNO’) citizens and for their adult children, who are born on or after 1 July 1997. These two routes are BN(O) Status Holder and BN(O) Household Member.
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New Immigration Act becomes law
12 November 2020The Act provides the legislative basis for ending EU free movement arrangements in the UK after the end of the transition period, and for recognising the immigration status of Irish citizens in the UK.
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A briefing note on the immigration implications for Tier 2 workers of changes to salary, the Government’s Furlough Scheme and redundancy amid the COVID-19 pandemic
02 November 2020The COVID-19 pandemic has significant and wide-ranging economic as well as public health impacts. Businesses are feeling the side-effects of profoundly changed trading circumstances. This note will take you through the immigration implications of a number of actions you may be forced to take to protect your business due to the pandemic, taking into account Home Office guidance as this is updated.
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Home and away when working from home means working abroad
29 October 2020Covid-19 is causing many employees to ask if they can work from “home” for an extended period in an overseas country - for example, because it is their home nation or their family is based there. This article explains the potential legal issues and how to avoid the traps.
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Six pitfalls to avoid with the EU Settlement Scheme
27 October 2020Despite the EU Settlement Scheme (EUSS) being publicised as being simple and straightforward, there are many potential pitfalls for the unwary, particularly when the circumstances of the COVID-19 pandemic are factored in. To avoid them, it will be important for individuals to be aware of the scheme and to get to grips with it before the end of this year. This is because in some cases, assessments and actions will need to be completed by then, despite main deadline for the scheme not being until 30 June 2021.
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Home Office publishes Immigration Rules for the new UK immigration system
23 October 2020Statement of Changes in Immigration Rules HC 813 was laid on 22 October 2020 and is the key document outlining the features of the Government’s Points-Based Immigration System, as well as simplifying the language and structure of some areas of the Rules. The new system will apply to EEA and Swiss nationals, aside from Irish nationals (EEA nationals). This insight focuses on some of the changes that are likely to be of most interest to employers.
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Migration Advisory Committee commissioned to report on Intra-Company Transfers
19 October 2020On 1 October 2020 the Migration Advisory Committee (MAC) accepted a commission from the Home Secretary to review Intra-Company Transfer (ICT) visa arrangements. It has also been asked to consider what provision could be made to allow overseas businesses to send a team rather than one individual to establish a UK branch or subsidiary, or to carry out a secondment to work on a high-value goods or services contract. The report is due by the end of October 2021, with a revised route likely becoming available in 2022.
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Pandemic right to work check procedures
14 October 2020Under the Home Office’s current guidance for right to work checks (“RTW”), it is possible to conduct a fully compliant initial or follow-up RTW without seeing the individual face-to-face. Where this is not possible during the COVID-19 pandemic, the Home Office has instituted a temporary adjusted procedure, which must be backed up by retrospective checks in due course. We have summarised the options and procedures below, as well as highlighting some general points to be aware of during the pandemic.
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MAC publishes report recommending expanded shortage occupation lists
07 October 2020The Migration Advisory Committee (MAC) has recommended a significant expansion of the occupations deemed to be in shortage for the purposes of sponsorship under the new Skilled Worker category, which will replace Tier 2 (General) from 1 January 2021. The Home Office will now need to consider the recommendations and finalise the Immigration Rules for Skilled Workers.
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Increased Immigration Health Surcharge to take effect from 27 October 2020
07 October 2020Regulations authorising the increases to the surcharge were made on 6 October 2020. For many applicants, the new charge will be £624 per year per applicant instead of the current £400.
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Shortage occupation lists: the MAC’s proposals examined - Andrew Osborne writes for Personnel Today
06 October 2020Last week, the Migration Advisory Committee (MAC) released a report outlining what occupations should be recognised as being in shortage for the purposes of sponsorship under the new Skilled Worker category of the new points-based immigration system. In this article for Personnel Today, Andrew Osborne discusses the details.
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New Immigration Rules for students give employers an insight into what's to come for workers
22 September 2020On 10 September 2020 the Home Office published new Immigration Rules for students. These provide the first glimpse of the new Points Based Immigration System (PBIS), and what some of its implications will be not only for students, but for employers and workers as well.