Mayer Brown Global Mobility

In an eagerly anticipated update, the Home Office has now announced that the Covid-19 adjustment to the right to work (“RTW”) check will no longer end on 20 June 2021 but will be extended to 1 September 2021.

The RTW check seems to be the most frequently changing area of UK immigration law at present

The Home Office has finally published its revised Code of Practice on Preventing Illegal Working (the “draft Code”) covering the changes to the right to work check requirements for EEA citizens which come into effect on 1 July 2021.

In this article, we look at the changes that the draft Code introduces, how this will affect UK employers and the areas of continued uncertainty.


Continue Reading UK Government Publishes 1 July Right To Work Guidance

The EU plans to launch its EU Digital Covid Certificate (the “Certificate”) across all Member States by 1 July, although some countries, such as Ireland, may implement it at a later date.

As discussed in our previous blog, the Certificate will facilitate travel within the EU by confirming someone has been fully vaccinated with

On May 24, 2021, the US State Department announced that US citizens overseas with U.S. passports which expired on or after January 1, 2020, may be able to use these expired passports to return directly to the United States until December 31, 2021.  According to the US State Department, US citizens qualify for this exception if all of the following are true:

  • The traveler is a U.S. citizen.
  • The traveler is currently abroad seeking direct return to the United States.
  • The traveler is flying directly to the United States, a United States territory, or has only short-term connecting flights through a foreign country on a direct return to the United States or to a United States Territory.
  • The traveler’s expired passport was originally valid for 10 years. Or, if the traveler were 15 years of age or younger when the passport was issued, the traveler’s expired passport was valid for 5 years.
  • The expired passport is undamaged, unaltered, and in the traveler’s possession.


Continue Reading State Department Changes Policy on the Use of Expired US Passports for Travel to the US

Lockdown in the UK is easing at last.  We can meet up with friends, family and work colleagues who we have only seen virtually over the last few months.  Perhaps go for a meal……but will our favourite restaurants be able to re-open?

The UK hospitality industry has been hit hard by the Covid-19 crisis. Since March 2020, these businesses have been forced to close during the various periods of lockdown, often leading them to letting staff go unless they could retain them under the furlough scheme. According to the Office for National Statistics, 335,000 jobs were lost in the catering industry in the year to March 2021 alone. A number of these positions had previously been filled by overseas nationals, many of whom have left the UK.  It has now been reported that a number of restaurant owners are now having issues recruiting staff.

However, help is potentially at hand due to the changes made to the UK immigration system on 1 December 2020.


Continue Reading Empty Chairs At Empty Tables

In line with many countries around the world, in order to combat the spread of Covid-19, the EU placed restrictions on travelers entering from non-EU countries.  With increasing numbers of people now being vaccinated, some countries are slowly coming out of lockdown with restrictions on non-emergency travel easing.

Earlier this week, EU Member States came to an agreement regarding entry of visitors from outside of the EU.  The agreement is still pending final approval but it is anticipated that EU countries will soon allow entry to visitors who either have been fully vaccinated with an EU approved vaccine or are from a “safe list” of third countries that have met certain criteria.


Continue Reading EU Getting Ready to Re-Open Borders to Travellers

In order to comply with illegal working rules, all employers must check that their employees have the legal right to work for them in the UK.  If it later transpires the employee does not possess the requisite immigration permission, failure to have carried out a right to work (“RTW”) check, may lead to an employer being charged with a civil or criminal penalty depending on the circumstances.

On 21 April, the Home Office announced that the Covid-19 adjustment to the RTW would come to an end on 17 May 2021.  The end of the adjustment means that employers would once again have to see an individual’s original documents to comply with the RTW requirements.  We discussed this change in our article:  UK Right to Work Checks: Sunset of the Covid-19 Concession and Brexit Impact | The Mobile Workforce

The Home Office have announced today that the Covid-19 adjustment will now continue to 20 June.  This will assist a number of employers with employees who are continuing to work from home in line with current government guidance.


Continue Reading Ending of Covid-19 Adjustment to UK Right to Work Checks Postponed

On Tuesday, September 29, 2020, Federal District Court Judge Jeffrey White issued an order 2020-09-29 Order Granting dckt 98_0 enjoining US Citizenship and Immigration Services (“USCIS”) and the Department of Homeland Security (“DHS”) from implementing proposed increases in filing fees, and the addition of a controversial filing fee for asylum, scheduled to become effective on

We are excited to share the news that Mayer Brown partner Liz Stern, leader of the firm’s Global Mobility & Migration practice and co-leader of the COVID-19 Global Response Team, has been named a 2020 “Crisis Leadership Trailblazer” by the National Law Journal!

Liz was selected for her innovative approach to mobilizing the firm’s COVID-19

At times it felt like we would never cross the Brexit finish line, but we’ve done it.” – Prime Minister Boris Johnson.

The dramatic June 2016 referendum in which 51.9% voted to leave initiated a long and arduous journey with multiple elections, extensions, and cliff-hangers. Tomorrow, on 31 January 2020 at 11 p.m. GMT, the Brexit “finish line” will be crossed, concluding the process that was triggered when, in March 2017, the UK government invoked Article 50 and initiated the withdrawal procedure. Britain’s Parliament has now ratified a Withdrawal Agreement  with the EU via the European Union (Withdrawal Agreement) Act 2020. The European Parliament, in turn, voted to approve the agreement yesterday. This means that all of the formal ratification procedures have now been completed.

But even with the divorce agreed, the UK and EU still face negotiation of the terms of their future relationship. A transition (implementation) phase will occur in the interim, lasting until 31 December 2020 (or longer, if the government exercises its one-time right in July 2020 to extend the transition for two years). Negotiations during the transition need to cover an enormous range of issues, including trade, customs, and regulatory alignment (or nonalignment). This includes a new legal framework for immigration control after January 2021, when the transition period is set to end.
Continue Reading Across the Brexit Finish Line – And Now What?