Brexit

Government publishes new immigration regime proposals

On Wednesday 19 February 2020, the UK government  published a policy paper setting out its plan for the new UK immigration system for skilled migration. For those who sponsor individuals, key points are: As expected, the government will scrap the resident labour market test (RLMT) and the current cap on skilled worker visas. It will lower the skill threshold for sponsorship from RQF Level 6 (equivalent to degree level) to RQF Level 3 (equivalent to A-Levels). The government will maintain the Immigration Skills Charge and Immigration Health Surcharge. Self-employed individuals will not be permitted to apply under this route. Instead …

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The final countdown: Navigating the EU Settlement Scheme

21 January marks 10 days until Brexit. On 9 January, the Withdrawal Agreement finally passed through Parliament, without much fanfare, by 330 votes to 231 and now Brexit has been fixed for 31 January 2020. The enactment of the Withdrawal Agreement provides a fixed timeline for EU nationals and their family members to apply for the right to remain in the UK under the EU Settlement Scheme (EUSS). To mark 10 days until Brexit, here are ten things you should note about the EUSS and its impact on your EU national workforce: The EUSS app is available for Android and …

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Immigration update following UK election result

The Boris Johnson immigration tag line has long been that under his leadership the UK will have an “Australian-style Points Based System”. Now the election results have been counted and it has been confirmed that Boris will continue his tenure in 10 Downing Street, what can be expected from an “Australian-style points based immigration system” if replicated in the UK post-Brexit in January 2021? The Conservative manifesto was vague when it described what UK businesses could expect from a new immigration system once the Brexit transition period comes to an end on 31 December 2020.  The previous Immigration White Paper …

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Lisa Roberts joins Employment Team in London

The battle lines have been drawn in the UK general election with Brexit and also the wider immigration system being high on the political agenda. Navigating clients through Brexit-immigration queries, speaking with knowledge and skill about the impact of election promises and leading clients into a post-Brexit immigration system will be an essential services to provide to clients to assist them with reaching their desired business objectives as well as retaining talent within the UK. Lisa Roberts has joined our London office and is an immigration expert with extensive immigration experience advising some of the world’s largest corporations on their …

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Brexit: Deal or no deal? Is the future of the settled status scheme hanging in the balance?

Each day now presents new developments in the Brexit negotiations – and in an update to our article of 20 November 2018, the critical EU Summit has now taken place and the leaders of the EU27 Member States have now agreed the terms of the UK’s withdrawal from the EU and the future relationship.   This brings to an end the negotiations which began some 20 months ago.  The terms have been declared the, ‘best and only deal possible’. So far so good.   However, despite this positive progress, a significant hurdle still remains.  The deal must now be approved by the …

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Government publishes details of administrative processes for EU nationals

The Government has today published further information on the new administrative processes which will apply to EU nationals in the UK who wish to apply for settled or temporary status post-Brexit. In brief: The future status and rights of EU nationals will be defined in the Withdrawal Agreement (WA).  The WA will be incorporated into UK law, enabling EU citizens to enforce those rights. A new application system is being designed from scratch.  Applications will be for either (1) settled status – 5 years’ continuous lawful residence as a worker, self-employed person, student, self-sufficient person of family member thereof; or …

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Brexit: Update on future rights of EU citizens in the UK

In an update to our Be Aware article of 12 July 2017, Government publishes proposals for EU nationals, the UK and the EU have just concluded the latest round of their Brexit negotiations which will be of interest to employers who are monitoring developments as part of a communications strategy for keeping EU nationals in their workforce informed of the latest position. In this latest round of negotiations, the Home Office has reported that progress has been made in relation to the rights of EU citizens living in the UK and UK nationals in the EU.  In particular, the UK …

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Government publishes proposals for EU nationals

After many months of speculation about the Government’s proposals for European nationals[1] currently living and working in the UK, the Government has now published its Policy Paper setting out its plans.  This is welcome news to employers employing European nationals in their workforce. Whilst the terms of the Policy Paper are still, of course, subject to negotiation with the EU (and an expectation that they will be reciprocated),  they do at least serve as a useful guide to the Government’s current stance. It is critical that employers keep up-to-date with the latest information. During this period of uncertainty, reassurance of …

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Queen’s Speech unveils employment law changes

Today the Queen unveiled the Government’s legislative programme for the new two-year Parliament. This included a number of employment law reforms, aside from the impact of Brexit: There will be a new national policy on immigration. However, there is currently very little detail about what the new policy will be. The Conservative party manifesto included an objective to reduce annual net migration to below 100,000, a commitment to double the Immigration Skills Charge levied on companies employing migrant workers to £2,000 a year by the end of the Parliament and to ask the independent Migration Advisory Committee to make recommendation …

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Brexit: Impact on European nationals in your workforce

The rights of European nationals[1] currently living and working in the UK has been one of the most high profile aspects of the Brexit process, and it remains a hot topic. The consistent message from UK Prime Minister, Theresa May, has been that securing the status of, and giving certainty to, European nationals already in the UK, and to UK nationals in the EU, is a priority for the Government.  For now, however, there is very little information about the Government’s proposals, and any plans must of course be negotiated with the remaining EU member states. It remains to be …

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Brexit White Paper: implications for employers

The Government has published its White Paper on the basis on which it proposes to approach negotiations with the EU on Brexit. There are three parts of the White Paper which will be of particular interest to employers: Controlling immigration; Securing rights for EU nationals in the UK and UK nationals in the EU; and Protecting workers’ rights. Controlling immigration As already widely reported, the Government will seek to end the free movement of people in order to control the numbers of people who come to the UK from the EU. Migration of EU nationals will be subject to UK …

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Brexit: Supreme Court holds that an Act of Parliament is necessary before UK Government can trigger Article 50

The UK Supreme Court today held by a margin of 8 judges to 3 that the UK Government cannot trigger the UK’s exit from the European Union without an Act of Parliament. It also held unanimously that UK ministers were not legally compelled to consult the devolved legislatures before triggering Article 50. Click here for more detail from dlapiper.com

Brexit: What next in the Article 50 judicial review?

The English High Court today held that the UK Government cannot trigger Article 50 of the EU Treaty to commence the UK’s exit from the European Union, or ‘Brexit’, without referring the matter to Parliament. This differs from the earlier decision by the Northern Ireland High Court, where the argument that exit required an Act of Parliament or some other form of Parliamentary mandate was rejected. Key points in the judgment  The UK Government had argued that in enacting the European Communities Act 1972 – the legislation which governed the UK’s entry to the European Union in 1973 – the …

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High Court hears legal challenge to Government triggering Article 50 to leave the EU

The High Court has heard 3 days of argument in legal proceedings brought by a group of individuals seeking to determine whether the UK Government has the legal power to trigger the Article 50 of the Treaty of the European Union process to leave the EU without an Act of Parliament. A number of British citizens are suing the Government claiming that leaving the European Union will deny them rights derived from the treaties of the European Union which have been given force in UK law under the European Communities Act 1972, which they claim can only be removed by …

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