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Home Office issues important update to right to work guidance for employers
02 March 2023On 28 February 2023 the Home Office published an updated version of its right to work guidance for employers. This includes important information on the limits of using Identity Document Validation Technology (IDVT) for compliant right to work checks, as well as other significant information.
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Home Office to amend EU Settlement Scheme following successful legal challenge
23 February 2023The Immigration Rules and guidance for the EU Settlement Scheme (EUSS) will need to be amended in line with a significant recent High Court judgment. Among other things, employers should expect revised guidance on right to work in the UK for individuals with pre-settled status who fail to make a further application under the EUSS.
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Priority services reinstated for new family visa applications made outside the UK
23 February 2023Applicants applying to come to the UK to join British or ‘settled’ family members can now use the priority service to reduce the processing time for their applications. This is a huge relief for those seeking family reunion in the UK.
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Compliance implications for employers when sponsored workers change role
17 February 2023Agile employers are currently taking strategic action to trade effectively in adverse market conditions. This includes corporate restructures and the movement of people within organisations. Against this backdrop, employers should take care to appropriately consider and monitor changes in employment to avoid illegal working, and in turn, risk to their sponsor licence.
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Some UK Ancestry dependants can settle sooner than you may think
07 February 2023If you are the partner or child of a person with UK Ancestry, you may be eligible to apply for settlement in the UK earlier than you may think, and in some cases immediately.
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British citizens on business travel in the Schengen Area: case study for Belgium
30 January 2023The right to work or conduct business in the Schengen Area must be verified on a case-by-case basis, considering the immigration laws in each country the person intends to be present in. This article focuses on the position for British citizens on business travel to Belgium.
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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.