immigration

UK immigration update: New guidance – key takeaways for employers

On 13 July 2020, the UK government provided further guidance on what the new immigration system would look like from 2021 onwards for those individuals who are not eligible for EU Settled Status. The 130 page document briefly sets out various proposed changes and re-branding to existing immigration categories, as well as information on the …

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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 …

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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 …

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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” …

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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 …

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Draft withdrawal agreement is agreed (for now) – but what next for citizens’ rights?

On 14 November 2018, after many months of negotiations, the UK Government and the EU Commission finally announced that a draft withdrawal agreement (WA) on the legal terms of the UK’s withdrawal from the EU has been agreed, and at the same time they issued a ‘Political declaration setting out the framework for the future …

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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 …

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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 …

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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 …

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Immigration Act 2016: New provisions now in force

The Immigration Act 2016 represents a significant milestone in immigration regulation creating additional duties and responsibilities on individuals and businesses. Immigration is increasingly under the spotlight and likely to remain so for the foreseeable future so it is therefore vital for employers to be fully aware of their responsibilities to effectively manage their risk.  Key features …

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Employers: Do your ‘right to work’ checks stand up to scrutiny?

Business immigration issues have not been far from the headlines since the Brexit referendum in June 2016 and, at the weekend, Theresa May announced that Britain will decide for itself how it will control immigration and that it “will be free to pass [its] own laws”. One of the key areas of focus in recent …

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The ill-treatment of domestic migrant workers because of their immigration status does not amount to race discrimination under the Equality Act 2010

Bethan Odey and Emma Phillips, Senior Associates in our Birmingham office, comment: The recent case of Taiwo v Olgaigbe and another; Onu v Akwiwu and another [2016] UKSC 31 has highlighted the issues which can arise in respect of the employment rights of migrant workers. The case involved Ms Taiwo and Ms Onu, both Nigerian …

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Business immigration in post-Brexit Britain

Matthew Leon, Associate in our Edinburgh office, and Heather Barc, Associate in our London office, comment: A significant consequence of June’s Brexit referendum result is that businesses are left operating in an uncertain environment. Employers now face a number of questions particularly in relation to immigration.  What happens to the status of EU member state …

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Right to work checks: Extended criminal liabilities for employers

Germaine Machin-Cowen and Aaron Lyons, Associates in our Sheffield office, comment: On 12 July 2016, a number of changes under the Immigration Act 2016 will come into force, including extended criminal offences for employers in relation to illegal working. Background All employers in the UK have a duty to prevent illegal working by carrying out …

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