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Immigration - Legal Updates

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Sep
23
2016

No appeal rights for Extended Family Members of EEA Nationals
#Immigration

In the case of Sala (EFMs: Right of Appeal) [2016] UKUT 411 (IAC) the Upper Tribunal has held that there is no right of right of appeal against the Home Office’s decision not to grant a Residence Card to the Extended Family Member (“EFM”) of an EEA national. ...

Sep
23
2016

Business Immigration Update: Changes to Tier 2 Intra-Company Transfer (ICT) Route
#Immigration

Following the Migration Advisory Committee (MAC)’s review of the Tier 2 visa route this January, the Home Office announced significant reform to the Tier 2 (Intra-Company Transfer) visa category....

Sep
09
2016

Right to work checks – do you have a statutory excuse?
#Immigration

All employers regardless of whether they hold a Sponsor Licence or not, are expected to carry out prescribed document checks on all employees before they start work. Provided that an employer has carried out the appropriate checks, it will have a statutory excuse against liability for a civil penalty if it later comes to light that any worker has been working illegally in the UK....

Aug
26
2016

Right to Work Checks for International Students
#Immigration

International students from outside the EEA are allowed to work in the UK depending on the conditions of their visa. Employers need to be aware of the additional right to work checks they need to carry out on these employees. ...

Aug
26
2016

Post BREXIT: New immigration policy should secure public consent
#Immigration

A report by independent think tank British Future has suggested that although Brexit presents challenges for decision makers, it also offers an opportunity to get immigration policy right so the public’s trust in the system can be restored. The “immediate priority” should be securing the future of the 3.5m EU nationals living in the UK – an opinion shared by 84% of the public who believe that EU citizens already living in the UK should be allowed to stay....

Aug
12
2016

Right to work - powers to close business premises for non-compliance
#Immigration

If immigration officers have reasonable grounds to believe that an employer is flouting the law, they could close the business for up to 48 hours to carry out a full investigation. ...

Aug
05
2016

If you don’t get it right the first time...comply, comply, comply!
#Immigration

Following Byron Burger's arrests by the Home Office, the chain has been hailed by the Home Office for its full compliance with ‘immigration and asylum law in its employment practices....

Jul
22
2016

Immigration update: penalties for illegal working
#Immigration

Employers can now be penalised if they have reasonable cause to believe that an employee does not have the legal right to work in the UK....

Jul
21
2016

The Importance of Sponsorship Licences Post-Brexit
#Immigration

Employers wishing to employ skilled non-EEA workers must have a sponsorship licence. It is vital that sponsors comply with record keeping duties, produce documentary evidence on request, and follow the correct recruitment processes....

Jun
24
2016

The Supreme Court holds that the abuse of migrant domestic workers is not race discrimination
#Immigration #Employment

Employers must understand and articulate the reason for an employee’s treatment in a potential direct discrimination claim and should think carefully about why they might be treating a member of staff differently. ...

Jun
24
2016

Britain votes ‘Leave’ – What next?
#Employment #UK Immigration

Despite the UK voting to leave the EU, the impact of Brexit on employment law still remains uncertain; it is likely that the UK will remain part of the EU for at least two years after notice has been served. ...

Jun
03
2016

Employing people from outside the UK – how recent and future changes to UK immigration laws could impact your business
#Immigration

Immigration is never far from the headlines and never has it been so widely discussed as in the lead-up to the EU referendum. There is much debate over whether leaving the European Union would mean that nationals of the European Economic Area (or EEA, being the EU member states plus Norway, Lichtenstein and Iceland) would lose their visa-free access to the UK....

May
27
2016

Right to work checks - how to avoid a £20,000 fine from the Home Office
#Immigration #Employment

Employers who receive a “Information Request: Illegal Working Civil Penalty”must provide the necessary evidence within the set time frame if they are to have a statutory excuse against a civil penalty. ...

May
19
2016

Immigration Bill receives Royal Assent
#Immigration

On 12 May the Immigration Bill received Royal Assent and will now be implemented as the Immigration Act 2016. The Act seeks to address issues around illegal migrants living in the UK....

Apr
29
2016

Government plan to increase immigration appeal fees
#Immigration

The Ministry of Justice (MoJ) has released a consultation outlining Government proposals to increase immigration appeal fees with the aim of making the immigration tribunal entirely self-funded by fees....

Apr
14
2016

Employer’s reasonable and genuine belief can be sufficient for SOSR dismissal
#Employment #UK Immigration

In Nayak v Royal Mail Group, the EAT upheld the tribunal’s decision that an employer’s genuine and reasonable belief that an employee was no longer permitted to work in the UK was sufficient to show that he had been dismissed for some other substantial reason (SOSR)....

Apr
01
2016

Tier 2 Sponsors – do you need to apply to renew your Certificates of Sponsorship allocation by 5 April
#Immigration #Employment

Employers who hold a Tier 2 sponsor licence can sponsor employees who are from outside of the European Economic Area by assigning a certificate of sponsorship (CoS) to them....

Mar
18
2016

£35,000 minimum earnings threshold for Tier 2 migrants applying for settlement
#Immigration #Employment

Last year we blogged about the £35,000 earnings threshold for Tier 2 migrants wishing to apply to settle in the UK. This change is due to come into force from 6 April this year and will apply to all non-EEA migrants who came to the UK on a Tier 2 visa after 6 April 2011, unless they have worked in an occupation on the shortage occupation list....

Mar
09
2016

Visa fees increase by up to 25% this month
#Immigration #Employment

UK Visas and Immigration have confirmed that later this month (or next month in the case of the Isle of Man) there will be a rise in the cost of visa application fees for many migrants wishing to come to the UK....

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