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

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

Canada.  Today the Canadian Government announced rules further restricting international travel. According to the government’s press release:

  • Flight suspension.  All flights to and from Mexico and Caribbean countries suspended until April 30, 2021, in effect as of Sunday, January 31, 2021.
  • Routing Through Four Canadian Airports.  Effective midnight (11:59 PM EST) February 3, 2021, in addition to proof of a negative pre-departure test, all international flights will land at only four airports: Montréal-Trudeau, Toronto Pearson, Calgary, and Vancouver.  The new restrictions will include scheduled commercial passenger flights arriving from the United States, Mexico, Central America, the Caribbean and South America, which were exempted from the previous restriction.
  • Testing and Hotel Stay Upon Arrival.  All arriving air travelers must reserve a room in a government-approved hotel for three nights at their own cost, and take a COVID-19 molecular test on arrival at their own cost.  The timing for implementation of this requirement has not been made clear at the time of this writing.
  • Testing for Land-Crossing.  Travelers crossing by land will be required to test negative 72-hours prior to arrival, with limited exceptions such as commercial truckers.


Continue Reading Travel Bans by Canada and the United Kingdom Broadened, In Ongoing Virus Containment Efforts

The United Kingdom, like the United States, has formally announced an alternative, temporary method by which employers may conduct right to work (RTW) checks during the coronavirus pandemic, when employers have instituted telecommuting and work-from-home arrangements and thus are onboarding newly hired employees remotely.  Because it remains an offence in the United Kingdom to knowingly employ anyone who does not have the right to work in the UK, these temporary measures provide a practical means for an employer to conduct these checks and verify a worker’s right to work when employees are telecommuting during the COVID-19 period.
Continue Reading The United Kingdom, Like the United States, Formally Sanctions Video Checks of Right to Work, As COVID-19 Work From Home Arrangements Continue

Draft Deal Does Not Change Previously Announced Scheme for Citizens’ Rights or Movement of People

Yesterday, negotiators from the United Kingdom and the European Union agreed to a draft Brexit deal. The proposed withdrawal agreement would replace the one negotiated by former Prime Minister Theresa May. The new agreement addresses the timetable for a transition