Lewis Silkin - Insights & News

UK government publishes long awaited immigration white paper

19 December 2018

The long-awaited immigration white paper on the UK immigration system due to be phased in from 1 January 2021 has been published today.

Preventing illegal working: employers able to rely on online right to work checks from 28 January 2019

14 December 2018

In some circumstances employers will be able to use the Home Office Right to Work Checking Service available on GOV.UK from 28 January 2019 to obtain a statutory excuse against payment of a civil penalty for employing an illegal worker, without having also to check the individual’s physical documents.

The new visa route for recognised or emerging leaders in architecture: what does this mean for the architectural sector?

13 December 2018

The Government has announced a new immigration category for overseas recognised or emerging leaders in architecture that has the potential to ease access to jobs in the UK. With Brexit looming on the horizon, this news will provide some much needed reassurance that the UK’s Architecture sector will still be able to attract the best global talent over the coming years. However the new measures are limited in their scope and are unlikely to plug the gap that will be left once freedom of movement for EU workers comes to an end.

Tier 1 (Investor) applications are still being accepted but changes to the Immigration Rules have been announced

12 December 2018

The Home Office has confirmed to the Immigration Law Practitioners’ Association on 11 December 2018 that the Tier 1 (Investor) route currently remains open but that a further announcement on this will be made in due course. The correspondence also confirms that any suspension of the route will be effected through a Statement of Changes in Immigration Rules. This follows reporting by various news outlets including the Times and The Guardian on Thursday last week that the route was to be suspended as of the end of that day.

Brexit – the “no deal” scenario

10 December 2018

On 5th December 2018, the UK Government published its latest policy paper setting out what rights EU citizens will have to reside in the UK in the event the UK exits the European Union without a deal in place.

Tier 1 Investor category suspended with immediate effect

06 December 2018

The Home Office has suspended the Tier 1 (Investor) immigration category for new applications from midnight on Thursday 6th December 2018 as part of a crackdown on organised crime and money laundering in the UK. The move follows a 46% rise in applications under the route from July this year, to over 400 applications.

New in-country UK immigration processes contain a potential pitfall for travellers

30 November 2018

On 5 November 2018 the Home Office launched a new process for immigration applications submitted in the UK, in commercial partnership with Sopra Steria. The new partnership affords access to a range of new user pay services, including access to a premium lounge, on-demand mobile application services for both small and large groups of applicants and priority processing on a next working day or 10 working day basis.

Sports Q&A - How might Brexit affect sports immigration?

28 November 2018

As things stand, the UK will leave the EU on 29 March 2019. The UK will adopt a new immigration system post-Brexit, under which free movement of European nationals and their family members will cease. There will be a period of transition until the end of 2020, during which free movement will continue, and a new “settlement scheme” will be rolled out for European migrants. Free movement will end completely from January 2021. All British businesses will be affected by these changes. However, Brexit poses some particular challenges to the sports sector.

MAC calls for evidence on labour shortages in the UK

20 November 2018

On 13 November the Migration Advisory Committee (MAC) launched a call for evidence from employers and other interested parties to feed into its full review of the shortage occupation list. Jobs on this list are currently exempt from resident labour market testing requirements and from meeting the minimum salary otherwise required at the point of applying for settlement (currently £35,500).

The one thing that is settled in the Brexit deal - Settled Status System for EEA nationals testing phase results

13 November 2018

Whether we have a Brexit deal on 29 March 2019 or not, the UK is more than likely to be going full steam ahead with the Settled Status System (“SSS”). Largely because there are no realistic options for a new system at this stage; all the time and money available has already been invested into the SSS. The Home Office themselves are the first to admit this and assure anyone that asks, that they can be fairly certain to rely on the SSS going ahead regardless.

The MAC report: EU nationals will need work permits if they want to get jobs in the UK post Brexit

18 September 2018

The Migration Advisory Committee has released today its long awaited report into the impact of EEA migration in the UK. The report is a key indicator of what the Government may do when they reveal their plans for the new immigration system which will govern how EU nationals are able to live and work in the UK after the Brexit transition period ends on 31 December 2020.

MAC proposals will switch it up for Tier 4 students wanting to work in the UK

17 September 2018

September marks the start of what is likely to be a busy few months in the world of immigration law, with the eagerly awaited Migration Advisory Committee’s report into the impact of EU workers on the UK economy likely to be released in the next few weeks and the long overdue immigration white paper following in October.

UK immigration system “almost impossible to navigate”

04 September 2018

Last week The Guardian published an article about the volume of UK immigration laws and the frequency of changes and amendments to them. This was sparked by some damning remarks from Lord Justice Irwin who said that the system is “something of a disgrace” and almost impossible to navigate.

Residents of Taiwan, Hong Kong and Macau will not require work permits when they are hired by enterprises on the Chinese mainland potentially as soon as September 2018

10 August 2018

On 3 August the State Council in China made an announcement to the effect that residents of Taiwan, Hong Kong and Macau will not be obliged to apply for work permits in order to be employed by enterprises on the Chinese mainland, under a new proposal set to operate from September 2018.

Science and technology committee calls for free movement of skilled workers

31 July 2018

To some of us, science has an ethereal power. It creates and changes the rules rather than simply being bound by then. So it comes as no surprise that the science and technology committee has suggested free movement of scientists (and all skilled workers) to the UK. Albeit for only 180 days.

Five in 5

15 May 2018

A series of five hints, tips and thoughts you should definitely remember as part of your sponsor reporting obligations.

The half way point to Brexit: 12 months down, 12 months to go

29 March 2018

Today marks the one year anniversary since Article 50 was triggered on 29 March 2017. The last 12 months have seen a number of key developments. Following the end of the first stage of negotiations in Brussels, there is now an agreement in place for the rights of EU nationals and their family members living in the UK. Last week saw the announcement that the UK and EU have finally agreed a deal on the transition period.

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