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How will my UK immigration permission be issued if I am a Skilled Worker or Creative Worker?
03 July 2023The below table provides a general summary of when an applicant for UK immigration permission as a Skilled Worker or Creative Worker will receive physical evidence of their status and when they will receive digital status only. It does not cover all forms of UK immigration permission (notably under the EU Settlement Scheme) and does not constitute legal advice.
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Changes to SMS updating requirements for employers
29 June 2023The Home Office has confirmed that Key Personnel on sponsor licences will be asked to provide their national insurance number, and also that (contrary to sponsor guidance that was updated in March 2023) sponsors are not required to report hybrid working arrangements for their sponsored workers.
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A seat in Immigration
31 May 2023The team advises on all aspects of UK immigration law, with a focus on business immigration, and works with an exciting and wide range of clients and sectors, including tech, sport, professional services, and various creative industries. It’s a great option for a Trainee seat due to the high degree of responsibility, ownership of work, and client contact that Trainees experience in this seat.
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Supinder Singh Sian comments for HR Magazine on the low-skilled vacancy gap
Press
24 May 2023Supinder Singh Sian has commented in an article for HR Magazine discussing the impact of post-Brexit restrictions on hiring migrant workers.
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Selecting and using a third-party provider for right to work checks
18 May 2023Since the Home Office introduced digital right to work checks in 2022, UK employers have had the option of engaging an Identity Service Provider (IDSP) to assist with these. There has also been renewed interest in using a third-party to assist with the process for online and manual checks. In this document we outline some of the issues arising and provide guidance for employers who are considering using these services.
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Factsheet - Skilled Worker
12 May 2023We have produced a useful factsheet for individuals navigating the Skilled Worker visa route.
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How to deal with a right to work information request from the Home Office
04 May 2023The Home Office’s Immigration Enforcement team can issue an Information Request to any employer where employment of an illegal worker is suspected. This is a preliminary step to a potential civil penalty notice being issued, which can be up to £20,000 per illegal worker. It is important to handle these requests proactively because an employer who responds accurately and promptly may receive a reduced penalty or avoid it completely.
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New requirement to report hybrid or remote working patterns for sponsored employees
17 April 2023In new guidance, the Home Office has confirmed that hybrid and remote working locations must be reported for sponsored workers. Sponsors should review the work location information recorded for all sponsored workers and consider making updates on the Sponsor Management System as appropriate.
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Key considerations for clawing back immigration fees from employees
12 April 2023Businesses increasingly look to protect their investment in sponsored workers with “clawback” agreements, seeking to recoup immigration fees from the employee if employment terminates. With sponsorship on the rise post-Brexit, businesses are asking questions about how to create an effective clawback agreement.
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Immigration restrictions on employment in the UK and consequences of breach
04 April 2023The Home Office has capability to scrutinise whether individuals with limited immigration permission are complying with any immigration conditions that restrict or prohibit employment in the UK. In this article, we look at this issue with a focus on how employment is defined, methods of detection, consequences of breach and how to minimise risk.
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Lewis Silkin announces partner promotions for 2023
Press Release
03 April 2023Four promoted from across the firm’s specialist practice groups.
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Linda Hynes and Declan Groarke discuss the Employment Permits Bill 2022 on The HR Room Podcast
Press
23 March 2023Linda Hynes and Declan Groarke were guests on The HR Room Podcast series by Insight HR. In this episode, Linda and Declan discussed the Employment Permits Bill 2022, exploring what impact it has for employers and the immigration and permits system in Ireland.
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Home Office confirms Spring updates to Immigration Rules
21 March 2023On 9 March 2023 the Home Office published its Spring Statement of Changes in Immigration Rules. The statement contains important updates to employment requirements in work routes. It also introduces the new Electronic Travel Authorisation relevant for short trips to the UK.
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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.