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A seat in Immigration31 May 2023
The 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.
Selecting and using a third-party provider for right to work checks18 May 2023
Since 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.
Factsheet - Skilled Worker12 May 2023
We have produced a useful factsheet for individuals navigating the Skilled Worker visa route.
How to deal with a right to work information request from the Home Office04 May 2023
The 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.
New requirement to report hybrid or remote working patterns for sponsored employees17 April 2023
In 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.
Key considerations for clawing back immigration fees from employees12 April 2023
Businesses 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.
Immigration restrictions on employment in the UK and consequences of breach04 April 2023
The 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.
Home Office confirms Spring updates to Immigration Rules21 March 2023
On 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.
Home Office issues important update to right to work guidance for employers02 March 2023
On 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.
Home Office to amend EU Settlement Scheme following successful legal challenge23 February 2023
The 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.
Priority services reinstated for new family visa applications made outside the UK23 February 2023
Applicants 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.
Compliance implications for employers when sponsored workers change role17 February 2023
Agile 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.
Some UK Ancestry dependants can settle sooner than you may think07 February 2023
If 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.
British citizens on business travel in the Schengen Area: case study for Belgium30 January 2023
The 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.
Monitoring British citizens’ travel in the Schengen Area: EES and ETIAS05 January 2023
Soon, monitoring travel within the Schengen Area will significantly improve with the implementation of new IT systems. This article focuses on how the implementation of the Entry/Exit System (‘EES’) and the European Travel Information and Authorisation System (‘ETIAS’) is likely to affect British travellers.
What’s happening in immigration law in 2023?05 January 2023
Employers 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.
New Immigration Skills Charge exemption for certain Senior or Specialist Workers04 January 2023
From 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.
Factsheet Schengen visa22 December 2022
The 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.
Extension of UK-Switzerland Services Mobility Agreement06 December 2022
The 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.
Helpful guidance updates for sponsors of workers30 November 2022
The 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.