New Immigration Rules came into force in the UK on 4 April 2024 which affect employers who sponsor workers under the Skilled worker or Global Business Mobility: Senior or Specialist Worker routes. Continue Reading Raising The Bar: New UK Immigration Rules Increase Salary Thresholds For Sponsored Workers
UK Immigration
UK Immigration and Nationality Fees: The Only Way is Up
The UK Home Office has announced that, with effect from 4 October 2023, there will be an increase in application fees for a number of UK immigration and nationality routes. The headline increases are:
Right to Work checks – what are employers now supposed to be doing?
With the regular changes to the UK Right to Work (“RTW”) checks over the last year or so, employers may be forgiven for having lost track of what the latest requirements are.
As mentioned in our last blog on RTW checks (You’re Joking – Not Another One! Further Changes to the Right to Work…
Ukraine: the UK Government’s Immigration Response
Following Russia’s invasion of Ukraine, the UK Government has published details of how it is assisting Ukrainian nationals who find themselves in challenging UK immigration scenarios.
We set out below a summary of the current guidance which we will look to update on a regular basis. The full guidance can be found here:
Closure of the UK Investor Category
The UK Government has announced the immediate closure of the Investor UK immigration route to new applicants.
This was the route that allowed individuals who had GBP£2 million available to invest in active and trading UK companies to come to the UK to live, work and / or study. This route was particularly attractive to high net worth individuals as it was the only immigration route which allowed individuals to live in the UK on a self-sufficient basis. In addition, it enabled them to bring their dependent family members to the UK, who were also permitted to live, work and / or study in the UK. Furthermore, it was a route which led to indefinite leave to remain in the UK (also known as permanent residence or settlement) which, depending on the amount that the individual invested in the UK, could be achieved after spending five, three or two years in the UK under this category.Continue Reading Closure of the UK Investor Category
30 June 2021: Deadline Day for EEA / Swiss citizens and Their Employers
As the UK continues to adapt to life post-Brexit, the next important date from an immigration standpoint is 30 June 2021.
European Economic Area (EEA) and Swiss nationals who were resident in the UK on or before 31 December 2020 have until this date to submit their initial applications under the EU Settlement Scheme. If…
Ending of Covid-19 Adjustment to UK Right to Work Checks Postponed
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
UK Right to Work Checks: Sunset of the Covid-19 Concession and Brexit Impact
Further Changes to Right to Work Checks Effective 17 May 2021
Since 30 March 2020, due to Covid-19, the Home Office has allowed an adjustment to the normal right to work (“RTW”) check process which must be undertaken by employers if they wish to avoid any potential liability for employing an individual who does not have the appropriate immigration permission to undertake their employment in the UK. Under this adjustment, employers can check an employee’s immigration status in the UK by using scans or copies of documents instead of having to see the original documents. Alternatively, the employer can use the on-line RTW checking service if the employee has one of the following:
a. Biometric Residence Permit; or,
b. Biometric Residence Card; or,
c. status under the EU Settlement Scheme or Points Based System.
As of 17 May, this adjustment will cease and employers will once again be required to check original documents, unless they are able to use the RTW checking service. Since the on-line service can only be used to check the RTW status of migrant workers, this means that, from that date, in the majority of situations, employers will be required to physically inspect prospective employee’s original documents and carry out the check either in the presence of the employee or via a live video link. Even if they are using the on-line service, employers will still need to meet the prospective employee in person or via a live video link.Continue Reading UK Right to Work Checks: Sunset of the Covid-19 Concession and Brexit Impact
Managing a Mobile Workforce in the Face of an Uncertain Brexit
On April 10, Mayer Brown held the latest in a series of interactive workshops to assist employers in responding to the impending changes in free movement. Alongside a practical and useful discussion on the measures employers can take in the face of the continued uncertainty regarding Brexit, we shared a ‘decision tree’ setting out current…