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. ...
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....
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....
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. ...
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....
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. ...
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....
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....
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....
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. ...
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. ...
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....
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. ...
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....
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....
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)....
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....
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....
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....
The Immigration Bill 2016, which is working its way through Parliament, contains a requirement on public authorities to ensure that their workers (including agency workers) who are in customer-facing roles speak fluent English (or Welsh in Wales). Customer-facing roles are described as those which require workers to speak to members of the public (both face to face and on the telephone) as a ‘regular and intrinsic’ part of their role....