Around the world, COVID-19 has resulted in wide-spread disruption, including office closures, travel bans, cancelled flights and quarantines. This has many serious knock- on effects to immigration compliance and visas. We have prepared our ‘Guide to the immigration implications of COVID-19 for UK employers’ to cover the most common questions and things you should be considering as an employer and sponsor.
Employers and sponsors are dealing with the following issues:
- Conducting right to work checks while onboarding new hires remotely
- Ensuring sponsorship duties continue to be met with sponsored workers who may have delays/changes to work start dates or locations due to travel restrictions, or salaries needing to be cut or employees on unpaid leave
- Managing ongoing recruitment to ensure business continuity – e.g. in some cases non EEA-nationals can still be hired and start working remotely overseas pending a decision on their visa application and travel to the UK
- Managing changes to the process for new visa applications and those already in progress
- Dealing with issues where people are stuck in the UK, or stranded outside the UK trying to come back
For further information on these issues, please see the guide and insights below.
The situation is continuing to evolve and we are monitoring developments closely whilst anticipating Home Office guidance and changes before they are announced. We will be updating our resources as necessary in light of this.
The UK Government Website for updates is GOV.UK - Coronavirus (COVID-19): immigration guidance
Please liaise with your Lewis Silkin immigration specialist if you have specific queries or concerns related to coronavirus that we can assist with.
Home Office announces end to COVID-19 adjusted right to work checks22 April 2021
The Home Office confirmed on 20 April 2021 that the COVID-19 adjusted right to work check process will only remain in place until 16 May 2021. Although employers will need to undertake fully compliant right to work checks from 17 May 2021, they will not have to carry out retrospective checks where the adjusted process has been used.
A guide to the immigration implications of COVID-19 for UK employers23 December 2020
This document sets out the main immigration law issues and Home Office guidance that you need to be aware of so you can consider the implications of the COVID-19 pandemic for your business. The Home Office is making policy announcements and issuing revised guidance regularly and we will keep you updated as this is published.
A briefing note on the immigration implications for Tier 2 workers of changes to salary, the Government’s Furlough Scheme and redundancy amid the COVID-19 pandemic02 November 2020
The COVID-19 pandemic has significant and wide-ranging economic as well as public health impacts. Businesses are feeling the side-effects of profoundly changed trading circumstances. This note will take you through the immigration implications of a number of actions you may be forced to take to protect your business due to the pandemic, taking into account Home Office guidance as this is updated.
Pandemic right to work check procedures15 October 2020
Under 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.
Your ten point plan for the Autumn26 August 2020
This infographic sets out ten key considerations for employers following the Covid-19 pandemic.
Home Office issues communications to sponsors about licence renewals13 August 2020
The 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.
How does COVID-19 affect UK migrants accessing public funds and the NHS?10 August 2020
The 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.
Home Office confirms COVID-19 immigration arrangements beyond 31 July 202003 August 2020
In 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.