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What’s happening in immigration law in 2023?
05 January 2023Employers may receive mixed messages on immigration in 2023 as the Government grapples with addressing skills shortages while aiming to bring down net migration. As the recession bites, the Home Office may step up compliance activities for sponsors and on right to work.
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New Immigration Skills Charge exemption for certain Senior or Specialist Workers
04 January 2023From 1 January 2023, sponsors of EU national workers being transferred from an EU-based business to the UK for up to 36 months under the Global Business Mobility Senior or Specialist Worker route are exempt from paying the Immigration Skills Charge.
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Factsheet Schengen visa
22 December 2022The Schengen visa route is a short-stay visa which permits its holder to travel to and between Schengen countries. The visa permits the holder to travel to the Schengen area for a maximum of 90 days within any 180 days for tourism, business, work, study or transit purposes, depending on the type of visa they have applied for and been granted. Work authorisation and exemptions should also be verified in each jurisdiction.
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Extension of UK-Switzerland Services Mobility Agreement
06 December 2022The UK and Switzerland have agreed to extend the Services Mobility Agreement (“SMA”) for another three years to continue enabling British and Swiss professionals to work in each other’s countries with greater flexibility until 31 December 2025.
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Helpful guidance updates for sponsors of workers
30 November 2022The Home Office released updated sponsor guidance on 9 November 2022, in line with the Autumn Immigration Rule updates. This includes some potentially helpful changes for sponsors of workers, however there are some areas of ambiguity as well as some upcoming changes that sponsors should be aware of.
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Travel and work within the Schengen Area: British citizens
16 November 2022This article considers the rights of British citizens to access the Schengen Area as visitors post-Brexit for leisure, business and work purposes. It highlights some of the compliance and planning issues employers and individuals should be aware of.
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Implications of corporate restructures for a business’s sponsor licence
01 November 2022When corporate restructures happen, immigration compliance is commonly overlooked. In this article we outline some of the implications of corporate transactions for sponsor licences and right to work checks and provide some tips for avoiding potential problems.
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Home Office announces Autumn updates to Immigration Rules
24 October 2022On 18 October 2022 the Home Office published its Autumn Statement of Changes in Immigration Rules. The statement includes various reforms of interest to businesses. Notably, however, the new Rules do not include the proposed expansion of the Innovator route to partially address the gap left by the closure of the Tier 1 (Investor) route in February 2022.
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Sponsorship of workers in the UK – 28 September 2022
13 October 2022Due to the current low unemployment rate in the UK and the effects of Brexit on movement of workers, more employers are applying for or holding sponsor licences to recruit workers from abroad. The benefits can be substantial, but considerable preparation is involved and sponsorship comes with various duties and responsibilities.
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The end to adjusted right to work checks: FAQ for employers
26 September 2022The Home Office has stated that from 1 October 2022, the adjusted manual right to work check process will end. UK employers have been able to use this since 30 March 2020 to deal with difficulties in handling original documents that arose due to the pandemic. In this article we answer some common FAQ about this development.
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Migration Advisory Committee to review Skilled Worker shortage occupation list
16 September 2022On 24 August 2022 the Migration Advisory Committee (MAC) was commissioned to review the shortage occupation list (SOL) for sponsoring skilled workers. The MAC is expected to make a call for evidence to employers and other stakeholders over the coming months, with their recommendations due to be incorporated into Immigration Rules sometime from Autumn 2023.
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Using an Identity Service Provider for digital right to work checks
06 September 2022UK employers can engage an Identity Service Provider (IDSP) to assist with carrying out the digital identity verification aspect of a right to work check for prospective employees with a valid British or Irish passport. In this article we look at how the arrangements are working initially in practice. We also outline some of the considerations for employers, including looking ahead to the end of adjusted right to work checks on 30 September 2022.
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What employers should know about the new Scale-up visa
19 August 2022The new Scale-up route launches on 22 August 2022. Unusual features of the route include that sponsorship is available only to hyper-growth businesses, and that after the first six months, Scale-up visas cease to be sponsored. The latter aspect means that employers of ‘unsponsored’ Scale-up visa holders will benefit from understanding the requirements for maintaining status under the route.
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Update on UK immigration processing times
17 August 2022The Home Office has provided updated processing information in a communication to stakeholders on 12 August 2022. Developments include the reinstatement of priority and super priority visa services in work and study routes. The capacity of the pre-licence priority service for new sponsor licence applications has also been expanded.
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Police registration requirement dropped for foreign nationals
05 August 2022The requirement for some foreign nationals to register with the police has been suspended with effect from at least 4 August 2022. The Home Office has not made an official announcement and the Immigration Rules have not been amended, however affected individuals are being contacted by the Home Office or police services directly.
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Employment law and immigration law: two awkward siblings
03 August 2022Employment law and immigration law are two distinct areas of law. On occasion, they meet each other and can create headaches for employers. We examine what happens when immigration law collides with discrimination law, unfair dismissal law and TUPE.
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Home Office sets out immigration and border control strategy to 2025
26 July 2022On 20 July 2022 the Home Office published further details of its strategy to deliver an end-to-end digital immigration system. The planned system transformation will involve a digital process for applying for permission to travel and identity verification for immigration applications, as well as using eVisas to cross the border and demonstrate entitlements within the UK.
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Spain proposes visa for digital nomads
21 July 2022Spain has long been the favoured holiday destination for many sun-seeking Brits. The proposed introduction of a new digital nomad visa, opening the door to both “working holidays” and longer term relocations, will therefore be welcome news to employees.
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Sponsor licence options for international businesses
19 July 2022Since the UK Government launched the Global Business Mobility (GBM) routes on 11 April this year, there are more sponsorship options for international businesses to consider. In this article we provide an overview of these and outline some considerations for choosing which licences to apply for.
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Government certifies first digital right to work check provider
13 June 2022On 6 June 2022 the first certified digital identity service provider (IDSP) was announced by the UK Government. This means more employers may now choose to roll out digital right to work checks for holders of valid UK and Irish passports (including Irish passport cards).