Clarkslegal LLP - Solicitors in Reading and London

Immigration - Legal Updates

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May
04
2018

Highly skilled South Asian workers say they are the new Windrush scandal
#Immigration #Inward Investment

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. ...

Apr
27
2018

Tier 2 Sponsors: What is a valid Certificate of Sponsorship?
#Immigration #Inward Investment

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....

Apr
20
2018

Windrush Generation: What’s the scandal about?
#Immigration #Inward Investment

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....

Apr
06
2018

Tier 2 Restricted CoS shortage fourth month in a row
#Immigration #Inward Investment #Employment

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....

Mar
29
2018

MAC interim report highlights need for low and high skilled EEA labour
#Immigration #Inward Investment #Employment

The Migration Advisory Committee (MAC) has published its interim report on its assessment of the UK labour market after the UK leaves the EU. Whilst the final report is expected to be published in September, the interim report summarises over 400 responses from businesses, industry bodies and government departments. ...

Mar
23
2018

Home Office update: New visa fees from April 2018
#Immigration #Inward Investment #Employment

New fees for immigration and nationality are to come into effect on 6 April 2018. The changes include increases to Tier 2 work visa fees, indefinite leave to remain and naturalisation applications. ...

Mar
16
2018

Changes to continuous residence rules for Tier 2 workers
#Immigration #Inward Investment

On 11 January 2018, the immigration rules were amended and new provisions were introduced which affect how the Home Office assesses continuous residence for Indefinite Leave to Remain (ILR) applications. Whilst the changes affect all Points Based System migrants, we will be focusing on Tier 2 General workers. ...

Mar
06
2018

Controversial Immigration Exemption Clause in the Data Protection Bill
#Data Protection #UK Immigration

Campaign groups are continuing to increase pressure on the government to reconsider the ‘immigration exemption’ in the Data Protection Bill which could prevent people from gaining access to immigration data held on them. The Bill had its second reading in the House of Commons yesterday where Tory MP Matt Hancock confirmed that the exemption was necessary, so the government could “properly police [its] borders”....

Mar
02
2018

Government announces Immigration Health Surcharge will double
#Immigration #Employment #Inward Investment

The Government intends to double the Immigration Health Surcharge in the near future. This is a charge paid by non-EEA nationals (main applicants and dependents) who are applying to work, study or join their family in the UK for more than 6 months....

Feb
23
2018

Restricted CoS quota hit again in February
#Immigration #Inward Investment #Employment

The non EEA skilled worker cap has been hit again this month, now for the third month running. Many Tier 2 sponsors have seen their Restricted CoS applications refused causing delays to new recruits start dates. ...

Feb
16
2018

The Sponsorship Management System (SMS) for Beginners
#Immigration #Inward Investment #Employment

Last month, we posted an article on the role of the Authorising Officer and explained that this person does not have access to the Sponsorship Management System (SMS) unless he/she is a Level 1 or 2 user. Since then we’ve received enquiries from HR staff wanting to know more about the SMS, who has access to it and the differences between a Level 1 and 2 user....

Feb
09
2018

Tick tock, have you renewed your CoS?
#Immigration #Inward Investment #Employment

Tier 2 sponsors should have by now received an email from UK Visas & Immigration reminding them that the CoS annual allocation process will soon begin and any unused unrestricted CoS in the SMS will expire on 5 April 2018. Sponsors should start thinking about how many unrestricted CoS they’ll need from 6 April 2018 to 5 April 2019....

Feb
02
2018

Sponsoring students under Tier 2 work visas – new rules
#Immigration #Inward Investment #Employment

Tier 2 sponsors will be pleased to hear that rules which came into effect from 11 January 2018 now allow Tier 4 Students on non-PhD courses to switch to a Tier 2 General visa when they have completed their course....

Jan
26
2018

Restricted CoS crisis – now doctors are blocked from entering UK
#Immigration #Inward Investment

A few weeks ago we wrote about how the Home Office’s Restricted CoS limit was reached in December and many employers saw their applications refused. ...

Jan
18
2018

Tier 2 Sponsors: Role of the Authorising Officer
#Immigration #Inward Investment #Employment

Businesses with sponsor licences have a huge responsibility to ensure that the points based system is not abused. The role of the Authorising Officer is to effectively manage the licence and ensure the employer is not in breach of its sponsor duties. ...

Jan
09
2018

UKVI confirms Restricted CoS limit reached in December
#Immigration #Inward Investment #Employment

For the first time since July 2015, the Home Office’s monthly Restricted Certificate of Sponsorship (CoS) limit was reached and many employers saw their applications refused. Data published on the government’s website shows that 1,527 applications were granted. Successful applications had to score a minimum of 55 points as opposed to the usual 21 points (see data for previous months)....

Jan
05
2018

Looking ahead at business immigration in 2018
#Immigration #Inward Investment #Employment

In 2017, we saw the government push ahead with its policy to reduce net migration to “sustainable levels.” Businesses saw the introduction of the Immigration Skills Levy, the closure of the Tier 2 Intra Company Transfer (ICT) route and an increase to the minimum salary threshold for skilled workers. ...

Dec
15
2017

Tier 2 & 5 Priority Service for Sponsors
#Immigration #Inward Investment #Employment

Last year, UK Visas & Immigration launched the Tier 2 and 5 priority change of circumstances service for business sponsors. UKVI’s current processing time for requests via the SMS is 18 weeks – which as our clients know is 18 weeks too long....

Dec
15
2017

Home Office fines show the true cost of not carrying out immigration checks
#Immigration #Inward Investment #Employment

The Home Office has recently published its quarterly figures for the number of illegal workers identified between April and June 2017. The figures show that illegal workers are not just isolated cases....

Dec
04
2017

London Mayor Sadiq Khan campaigns for ‘fair and flexible’ visa system
#Immigration #Inward Investment #Employment

The London Mayor has kicked off a week long trade mission to India and Pakistan by criticising the British government’s current stringent visa policy. Speaking in Mumbai, Sadiq Khan said he was “lobbying” with the government to change its visa policy and it was in London’s best interests to keep Britain open to highly skilled workers....

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