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  • The countdown for the new UK immigration system 2020 and Brexit – are you ready?

    21 December 2020

    From 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.

  • 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.

  • Right to work checks beyond 2020

    10 December 2020

    We 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.

  • New frontier worker route launched from 10 December 2020

    10 December 2020

    On 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.

  • A guide to the new immigration rules for players coming to the Premier League and EFL: Stephen O’Flaherty writes for LawInSport

    Press

    04 December 2020

    With the opening of the transfer window on 2 January 2021, UK football clubs will be in uncharted territory. Not only will they face the prospect of signing European Economic Area (EEA) and Swiss nationals for the first time following the end of freedom of movement, but they will also have to navigate the UK’s new immigration system (applicable to all immigrants) and The Football Association’s new Governing Body Endorsement (GBE) criteria (relating specifically to work permits for overseas footballers wanting to play in England & Wales).

  • No U18 signings, partner clubs and fast thinking: English football post-Brexit. Andrew Osborne comments for The Athletic

    Press

    03 December 2020

    The United Kingdom’s membership of the European Union will end in just over four weeks’ time and that momentous split ensures change is coming across all walks of life from January 1, 2021. Football is no exception.

  • Brexit: No clarity yet on Premier League clubs being able to sign Irish teenagers. Stephen O’Flaherty comments for The Irish Times

    Press

    03 December 2020

    The continued ability of Premier League clubs to sign Irish players before their 18th birthday from January 1st next year has yet to be clarified. This despite the publication this week in England of extensive new rules with regard to the recruitment of footballers from abroad.

  • The new immigration system – Q&As

    30 November 2020

    In 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.

  • Home Office issues new guidance for sponsors

    23 November 2020

    The 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.

  • Immigration Rules confirmed for Hong Kong British National (Overseas) citizens

    19 November 2020

    From 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.

  • New Immigration Act becomes law

    12 November 2020

    The 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.

  • 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 2020

    The 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.

  • What the new Points-Based Immigration System has in store for UK work visas: Joanna Hunt writes for Free Movement

    Press

    02 November 2020

    For work-based immigration, last week’s statement of changes to the Immigration Rules was in many ways rather anticlimactic. The last two years have seen 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.

  • Home and away when working from home means working abroad

    29 October 2020

    Covid-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.

  • Six pitfalls to avoid with the EU Settlement Scheme

    27 October 2020

    Despite 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.

  • Home Office publishes Immigration Rules for the new UK immigration system

    23 October 2020

    Statement 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.

  • Migration Advisory Committee commissioned to report on Intra-Company Transfers

    19 October 2020

    On 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.

  • Pandemic right to work check procedures

    14 October 2020

    Under 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.

  • MAC publishes report recommending expanded shortage occupation lists

    07 October 2020

    The 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.

  • Increased Immigration Health Surcharge to take effect from 27 October 2020

    07 October 2020

    Regulations 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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