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Home and away when working from home means working abroad
29 October 2020Covid-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.
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Six pitfalls to avoid with the EU Settlement Scheme
27 October 2020Despite 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.
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Home Office publishes Immigration Rules for the new UK immigration system
23 October 2020Statement 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.
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Migration Advisory Committee commissioned to report on Intra-Company Transfers
19 October 2020On 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.
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Pandemic right to work check procedures
14 October 2020Under 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.
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MAC publishes report recommending expanded shortage occupation lists
07 October 2020The 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.
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Increased Immigration Health Surcharge to take effect from 27 October 2020
07 October 2020Regulations 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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Shortage occupation lists: the MAC’s proposals examined - Andrew Osborne writes for Personnel Today
06 October 2020Last week, the Migration Advisory Committee (MAC) released a report outlining what occupations should be recognised as being in shortage for the purposes of sponsorship under the new Skilled Worker category of the new points-based immigration system. In this article for Personnel Today, Andrew Osborne discusses the details.
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New Immigration Rules for students give employers an insight into what's to come for workers
22 September 2020On 10 September 2020 the Home Office published new Immigration Rules for students. These provide the first glimpse of the new Points Based Immigration System (PBIS), and what some of its implications will be not only for students, but for employers and workers as well.
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ICIBI calls for evidence on the performance of UKVIs commercial partners
16 September 2020Employers and other stakeholders have until 1 October 2020 to provide the Independent Chief Inspector of Borders and Immigration (ICIBI) with views on how well the commercial partners of UK Visas and Immigration are performing, both for applications made in the UK and abroad.
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UK immigration strategies for EEA business travellers and workers from 2021
27 August 2020EEA nationals and their employers are now turning their minds towards how frequent business/work travellers and cross-border commuters can continue to come to the UK from 2021. For some, the best solution may be offered by the EU Settlement Scheme (EUSS), but there are also other options to consider.
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Your ten point plan for the Autumn
26 August 2020This infographic sets out ten key considerations for employers following the Covid-19 pandemic.
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Factsheet: Global talent - Digital technology applicants
20 August 2020We have produced a useful factsheet on the Global Talent Visa requirements.
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Home Office makes important updates to COVID-19 concessions
13 August 2020Recent amendments to the Home Office’s COVID-19 guidance for applicants mean that more people will be able to make an application to switch immigration categories without the need to go abroad. The updates also have significant right to work implications for employers whose employees are covered by the grace period the Home Office has put in place until 31 August 2020.
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Home Office issues communications to sponsors about licence renewals
13 August 2020The Home Office has now started to make early contact with sponsors whose licences are due to expire up until the end of the year. These sponsors will be able to apply to renew their licences earlier than the usual maximum 90 days before expiry.
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Life’s a beach? Working remotely from Barbados
12 August 2020Barbados has announced a new scheme designed to encourage overseas individuals to relocate there and work remotely. What issues arise for employers if their employees want to do this?
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How does COVID-19 affect UK migrants accessing public funds and the NHS?
10 August 2020The COVID-19 pandemic has put questions around the rights of migrants to access public funds and the NHS into the spotlight. Migrants are allowed to access the Government’s Coronavirus Job Retention Scheme (the ‘Furlough Scheme’) via their employer. However, there are limits to what government assistance some migrants are entitled to following disruption to their normal income, and access to free NHS healthcare may also be unavailable to some people.
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Home Office confirms COVID-19 immigration arrangements beyond 31 July 2020
03 August 2020In a last-minute update on 29 July 2020, the Home Office has pivoted towards a return to business as usual on immigration policy. Some significant concessions remain available until at least 31 August 2020, however there are a number of potential pitfalls for employers and individuals to be aware of.
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New Health and Care visa to launch from 4 August 2020
22 July 2020The Home Office has released the first guidance on the a new ‘Health and Care Visa’ for doctors, nurses and allied health professionals including individuals working in the social care sector. The Health and Care Visa will be available from 4 August 2020 and will fall under the Tier 2 (General) category.
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Home Office publishes COVID-19 minimum income policy for family visa route applicants
21 July 2020On 17 July 2020 the Home Office updated its policy guidance to confirm a surprisingly limited concession to the usual minimum income requirements that most applicants for partner and child visas must meet.