Clarkslegal is delighted to announce that Legal 500 has recognised the firm for the following practice areas; Construction, Commercial Contracts, Commercial Litigation, Commercial Property, Corporate & Commercial, Education, Employment, Immigration and Local Government....
The MAC report has been long awaited and has been anticipated as evidence to what the UK’s future intentions in regards to Immigration policy may be following Brexit. In general, it seems the report suggests that workers from EEA countries should not be given preference over those from other nations in post-Brexit immigration policy. ...
British universities have called on the government to bring back the post study work visa which would allow overseas students to stay in the country to work for up to two years after graduation. The scheme was scrapped in 2012 and strict post study work rules may have had a significant impact on prospective applicants from certain countries, including India....
The Government is facing judicial review proceedings over an exemption in the Data Protection Act 2018 that prevents citizens from accessing their immigration data. Two campaign groups, the Open Rights Group and the3million, have threatened legal action since the provision was introduced into the Data Protection Bill, and have now launched a legal challenge with the aim of seeing the provision removed from the statute....
Sanctions to the left, proposed taxes to the right, Russia’s super-rich face big decisions both at home and in the UK....
In July, the Home Office updated its sponsor guidance for businesses sponsoring Tier 2 and 5 workers. HR teams and those responsible for managing sponsorship duties, should ensure they are aware of the updates. The Home Office has also made changes to Appendix D, specifically in relation to the documents which must be retained following a Resident Labour Market Test....
Over the last few years, UK’s immigration rules have provided greater flexibility to non-EEA nationals wanting to visit the UK as business visitors. Whilst there is no specific business visit visa, the Standard Visitor visa allows visa nationals to undertake a wide range of business activities including attending non pre-arranged meetings and working in the UK office of their overseas employer (providing they do not deal with clients directly)....
Immigration rules are to be relaxed by the Home Office today with the introduction of a new ‘UKRI Science, Research and Academia’ scheme which allows non-EEA researchers, scientists and academics to come to the UK for up to 2 years. The new scheme will be added to the Tier 5 (Temporary Worker – Government Authorised Exchange) visa route. ...
As we have previously blogged, if an employee fails to produce evidence of his right to work in the UK, it will not necessarily be fair for an employer to dismiss on the basis that it would be illegal to continue to employ the employee. However, dismissal in these circumstances can still be fair if the employer has a reasonable and genuinely held belief that it would be illegal to continue to employ them and has followed a fair process....
The UK Government has announced changes to the immigration rules that will come into effect on 6 July 2018. Many of the changes are positive and will bring welcome news to those looking to work or invest in the UK. Below is a summary of the main changes....
The UK government has now released details of the “settled status” scheme which EU nationals in the UK will use to apply for permanent residence after Brexit. Sajid Javid confirmed the government’s default position will be to grant, not refuse, settled status. The government has also provided clarity on application fees and Comprehensive Sickness Insurance, which will no longer be required....
Last week, Home Secretary Sajid Javid announced plans to introduce a new start up visa for entrepreneurs. The new start up visa will launch in Spring 2019 and is expected to replace the Tier 1 Graduate Entrepreneur scheme. The announcement was made during London Tech Week and the government hopes a simpler visa route will create a favourable environment for entrepreneurs. ...
A sponsor licence is valid for 4 years and Tier 2 sponsors must ensure that they submit a renewal application in good time to avoid losing the ability to sponsor workers. Whilst the application process is straightforward, there are some key steps an Authorising Officer must take before authorising a renewal....
In March, the government unexpectedly announced that Turkish businesspeople and their family members living in the UK under ECAA business visas will no longer have the right to settle in the UK. The Home Office updated its guidance as a result of an immigration tribunal ruling last year involving Hacer Aydogdu, the wife of a Turkish entrepreneur. ...
Russian billionaire businessman Roman Abramovich’s Tier 1 Investor visa extension application is still under scrutiny despite him previously satisfying the Home Office he was eligible. Last week, the Financial Times reported that Abramovich had returned to Russia after his Investor visa expired and his current application is “taking longer than usual” to be processed. Whilst little is known about the reasoning behind the delay, many have speculated that the Home Office is looking into the source of his investment funds....
According to a FOI request to the Home Office, approximately 6,080 skilled workers have been unable to apply for Tier 2 visas due to their sponsors being unable to secure Restricted CoS for them. This relates to CoS applications made between December 2017 to March 2018 and includes 3,500 applications for engineering, IT, technology, STEM teaching and medical roles with professional services making up the remainder. ...
This week, hundreds of South Asian highly skilled workers protested outside Parliament claiming they are the victims of the next Windrush scandal. The protest comes after Sajid Javid was appointed Home Secretary after Amber Rudd resigned for misleading the Home Affairs Select Committee over targets for removal of migrants during the Windrush scandal. ...
Whilst the process of assigning a Certificate of Sponsorship (CoS) is straightforward, it’s useful for sponsors to know what validates a CoS. If a CoS is not valid at the time the Tier 2 worker submits their visa application, the application will be refused resulting in delays to start date....
In recent days, the government has faced criticism of its treatment of people from the so-called Windrush Generation. Those who arrived in the UK between 1948 and 1971 from Caribbean countries have been labelled the Windrush generation, after the ship which brought them here as a response to post-war labour shortages in the UK. Almost 500 migrants from Jamaica, Trinidad and Tobago and Barbados came to the UK at the invitation of the British government....
The Tier 2 visa cap has been reached for the fourth month in a row resulting in sponsors being unable to employ workers under the Tier 2 General category from overseas. UKVI data shows that the minimum points required to be successful was 56 – a stark contrast to the usual 21. Many businesses have been trying to secure Restricted CoS since December....