Changes to right to work checks from 6 April 2022
20 January 2022
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Employers who want to avoid the possibility of a fine for hiring an unauthorised migrant are well advised to carry out right to work checks.
Employers who want to avoid the possibility of a fine for hiring an unauthorised migrant are well advised to carry out right to work checks.
If you have a drive to help people around the world and to learn and build your career with a truly international firm, then Fragomen is the
Reading work visa sponsor guidance can be frustrating at the best of times, but particularly aggravating is paragraph S3.9: You must normally stop sponsoring the worker
The Independent Chief Inspector of Borders and Immigration (ICIBI) is to inspect the relationship between the immigration system and the higher education sector. The call
The latest statement of changes to the Immigration Rules (HC 803) allows pork butchers to come into the UK as Seasonal Workers for up to
The Intra-company Transfer (ICT) route has seemed increasingly redundant since the launch of the Points Based Immigration System last year. The Skilled Worker route became
This is the Policy Wheel. I was taught about it when working on immigration policy at the Home Office in 2003 and continued to use
Yesterday brought about a new immigration route for international sportspeople aged 16 or over wishing to enter the UK. It is intended to create a
The Home Office has published a short statement of changes to the Immigration Rules. It is to implement the emergency temporary visa schemes for HGV
British businesses have long relied on workers from the European Union to come in for short or medium-term projects. Before Brexit, this was frictionless from
The number of new visas is starting to make heads spin. The government’s announcement of a route for HGV drivers and poultry workers comes hot
The government has announced that HGV drivers and poultry workers will be eligible for temporary visas from next month. The policy represents a shift from
Scattered throughout the latest statement of changes like needles in a 186-page haystack are three COVID-19 concessions that previously only appeared in Home Office guidance.
On 10 September 2021 the Home Office published a statement of changes to the Immigration Rules (HC 617). It is 183 pages long and makes
The government has released details of its sponsorship “roadmap” for employers recruiting skilled workers from abroad. This follows on from the publication of its New
Jobs that British employers struggle to recruit for are on the Shortage Occupation List. With separate entries for England, Scotland, Wales and Northern Ireland, it
On 20 July 2021, Free Movement published an article about the UK’s new Displaced Talent Mobility Programme, which concluded that it constituted “a new complementary
Since the announcement of the new High Potential Individual route as part of the UK Innovation Strategy, there’s been considerable buzz about what it will
It’s been a very long time since most UK live music and theatre “sponsors” have had to issue paperwork for overseas artists to come into
“High potential individuals” will in future be able to come to the UK to work without a job offer, the government has announced. The move,
I am announcing that those displaced by conflict and violence will now also be able to benefit from access to our global points-based immigration system.
International students are worth billions to the UK economy in higher education fees and indirect expenditure, benefitting local communities financially as well as enriching them
All being well, the government’s advice to work from home should be lifted from 21 June. With offices filling up, and city streets bustling, normal
The Home Office published a New Plan for Immigration “strategy statement” earlier today. It is mostly about legal immigration and economic migrants, as opposed to
A £100 million scheme for loaning migrants the money for an Investor visa was legal after all, the Court of Appeal has ruled. The case
The UK and India signed a non-binding agreement on migration this week. The basic ingredients are to beef up cooperation on removing unauthorised migrants in
UK Visas and Immigration (UKVI) has confirmed that with lockdown easing, it is resuming sponsor licence compliance visits. Initial visits will be focused on organisations
The Home Office published a new statement of changes to the Immigration Rules today. It is 108 pages long and the changes take effect on
Among the key points highlighted by the Treasury from today’s Budget is “reforms to the immigration system [to] help ambitious UK businesses attract the brightest
No doubt you will have read about the mudslinging between the UK and EU over the lack of a visa-free deal for touring musicians and
The Court of Appeal has held that there is no right based on procedural fairness for a migrant to be offered a chance to cure
Building on CJ’s briefing on the Tier 1 (Investor) route last year, this article contains five top tips for the preparation of an Investor application.
The end of free movement has, for better or worse, given rise to a number of new visa routes catering for workers looking to establish
A new statement of changes to the Immigration Rules was published on 31 December 2020 and took effect at 11pm that night. (We weren’t working
The Home Office recently introduced a set of new validity requirements for visa applications under the Points Based Immigration System, such as the Skilled Worker
Since 1 December 2020, migrants who would previously have applied for settlement in the UK (aka “indefinite leave to remain”) under the Tier 2 (General)
The new Points Based Immigration System — replacing the old Points Based System that was introduced in 2008 — went live yesterday. The government is
The English language requirement can be generously viewed as the Home Office’s response to the biblical Tower of Babel story: society is undermined by its
The UK’s new immigration system is hurtling towards us at a rate of knots. As of 1 January 2021, newly arrived EU citizens coming to
In the recent case of Topadar v Secretary of State for the Home Department [2020] EWCA Civ 1525 the Court of Appeal considered two questions:
Employers who want to avoid the possibility of a fine for hiring an unauthorised migrant are well advised to carry out right to work checks. Such checks are not mandatory, but where companies do carry them out, the Home Office advises that “all potential employees, including British citizens” be checked...
If you have a drive to help people around the world and to learn and build your career with a truly international firm, then Fragomen is the perfect place. At Fragomen we’re more than just an immigration law firm or consultancy. Working at Fragomen means doing difficult but worthwhile and meaningful work...
Reading work visa sponsor guidance can be frustrating at the best of times, but particularly aggravating is paragraph S3.9: You must normally stop sponsoring the worker and inform us via your SMS account if the start date is delayed by more than 28 days after whichever is the latest of:...
The Independent Chief Inspector of Borders and Immigration (ICIBI) is to inspect the relationship between the immigration system and the higher education sector. The call for evidence, which is open until 15 November 2021, confirms that the ICIBI will adopt a “broad perspective”, assessing the extent to which the Home...
The latest statement of changes to the Immigration Rules (HC 803) allows pork butchers to come into the UK as Seasonal Workers for up to six months. It came into force at 4pm on 1 November 2021. The government announced last month that 800 temporary visas would be made available...
The Intra-company Transfer (ICT) route has seemed increasingly redundant since the launch of the Points Based Immigration System last year. The Skilled Worker route became simpler and easier to use, while the abolition of the resident labour market test removed ICT’s unique selling point. With the number of ICT applications...
Yesterday brought about a new immigration route for international sportspeople aged 16 or over wishing to enter the UK. It is intended to create a simplified visa arrangement for elite and internationally established sportspeople and sports coaches. Does it achieve this? Yes, insofar as we no longer need to consult...
The Home Office has published a short statement of changes to the Immigration Rules. It is to implement the emergency temporary visa schemes for HGV drivers and poultry workers and therefore comes into force at 4pm today. Employers in those sectors will be able to request workers from four named...
British businesses have long relied on workers from the European Union to come in for short or medium-term projects. Before Brexit, this was frictionless from an immigration perspective. People arrived, people worked, people left and businesses were happy. EU free movement ended (for the UK) on 31 December 2020, but...
The number of new visas is starting to make heads spin. The government’s announcement of a route for HGV drivers and poultry workers comes hot on the heels of a new employment route for Graduates which opened in July. Next year will see at least two more new visas launched,...
The government has announced that HGV drivers and poultry workers will be eligible for temporary visas from next month. The policy represents a shift from the firm line against “low-skilled” immigration post-Brexit. Here is what we know about it so far — including some direct responses from the Home Office....
Scattered throughout the latest statement of changes like needles in a 186-page haystack are three COVID-19 concessions that previously only appeared in Home Office guidance. They will now form part of the Immigration Rules. In immigration law, a concession is a policy operated by the Home Office that is more...
The government has released details of its sponsorship “roadmap” for employers recruiting skilled workers from abroad. This follows on from the publication of its New Plan for Immigration back in March 2021. The new roadmap sets out the Home Office’s proposals for long-overdue “radical changes” to the sponsorship system, which...
Jobs that British employers struggle to recruit for are on the Shortage Occupation List. With separate entries for England, Scotland, Wales and Northern Ireland, it seeks to be responsive to the needs of industry across the devolved nations. The Migration Advisory Committee advises the UK government on which roles should...
On 20 July 2021, Free Movement published an article about the UK’s new Displaced Talent Mobility Programme, which concluded that it constituted “a new complementary pathway” for refugees to reach the country and “a positive step that will hopefully encourage other countries to do the same”. The purpose of this...
Since the announcement of the new High Potential Individual route as part of the UK Innovation Strategy, there’s been considerable buzz about what it will mean for graduates around the world seeking to move to the UK. Until the new route is mapped out in a statement of changes to...
It’s been a very long time since most UK live music and theatre “sponsors” have had to issue paperwork for overseas artists to come into the UK. For most, it’s been 16 months and counting. Since then, we’ve had Brexit, dragging EU acts into the same category as US, Australian,...
“High potential individuals” will in future be able to come to the UK to work without a job offer, the government has announced. The move, building on previous promises to provide an unsponsored work route under the Points Based Immigration System for business visas, comes as part of the UK...
I am announcing that those displaced by conflict and violence will now also be able to benefit from access to our global points-based immigration system. To enable skilled displaced people who have had to flee their homes to come to the UK safely and legally through established routes. We will...
International students are worth billions to the UK economy in higher education fees and indirect expenditure, benefitting local communities financially as well as enriching them in non-economic terms. Being able to attract overseas students is crucial to the economic viability of many education providers, but only those with a sponsor...
All being well, the government’s advice to work from home should be lifted from 21 June. With offices filling up, and city streets bustling, normal working life is already starting to resume. But remote working patterns are clearly popular with workers and employers, and are likely to be around for...
The Home Office published a New Plan for Immigration “strategy statement” earlier today. It is mostly about legal immigration and economic migrants, as opposed to the New Plan for Immigration document published in March that focused on illegal immigration and asylum seekers. Home Secretary Priti Patel marked its publication with...
A £100 million scheme for loaning migrants the money for an Investor visa was legal after all, the Court of Appeal has ruled. The case is R (Wang & Anor) v Secretary of State for the Home Department [2021] EWCA Civ 679. It overturned a previous Upper Tribunal decision that...
The UK and India signed a non-binding agreement on migration this week. The basic ingredients are to beef up cooperation on removing unauthorised migrants in exchange for a minor liberalisation on youth mobility-type visas and some warm words on encouraging temporary migration more generally. Such a deal has been on...
UK Visas and Immigration (UKVI) has confirmed that with lockdown easing, it is resuming sponsor licence compliance visits. Initial visits will be focused on organisations that have a pending sponsor licence application. Confirming the resumption of visits in a recent message on the Sponsorship Management System, UKVI was keen to...
The Home Office published a new statement of changes to the Immigration Rules today. It is 108 pages long and the changes take effect on 6 April 2021 unless otherwise specified. Most relate to the work and study routes branded as the Points Based Immigration System, although there are various...
Among the key points highlighted by the Treasury from today’s Budget is “reforms to the immigration system [to] help ambitious UK businesses attract the brightest and best international talent”. As a policy prescription, this is up there with motherhood and apple pie; even the most ardent restrictionists are in favour...
No doubt you will have read about the mudslinging between the UK and EU over the lack of a visa-free deal for touring musicians and entertainers. This has been retweeted and attacked by seemingly every artist you’ve heard of, and even been debated in Parliament. The claims are that the...
Building on CJ’s briefing on the Tier 1 (Investor) route last year, this article contains five top tips for the preparation of an Investor application. Before we begin, it is worth recalling the relevant Immigration Rules on entry clearance for Investors. Table 7 of Appendix A to the Immigration Rules...
The end of free movement has, for better or worse, given rise to a number of new visa routes catering for workers looking to establish themselves in the UK. Joining their ranks is the frontier worker permit which opened to new applicants on 10 December 2020. Although only open to...
The Home Office recently introduced a set of new validity requirements for visa applications under the Points Based Immigration System, such as the Skilled Worker route. This is significant because an invalid application doesn’t extend your permission to be in the UK while it is being considered (what’s called “section...
Since 1 December 2020, migrants who would previously have applied for settlement in the UK (aka “indefinite leave to remain”) under the Tier 2 (General) route now need to apply under the new Skilled Worker route. In this article we explain the requirements for settlement as a Skilled Worker and...
The new Points Based Immigration System — replacing the old Points Based System that was introduced in 2008 — went live yesterday. The government is hailing it as a “simple, effective and flexible system”, although there are early reports of teething troubles and the feeling of most immigration practitioners is...
The English language requirement can be generously viewed as the Home Office’s response to the biblical Tower of Babel story: society is undermined by its people’s inability to speak the same language. But as anyone who has ever had the misfortune to read Home Office guidance can attest, it is...
In the recent case of Topadar v Secretary of State for the Home Department [2020] EWCA Civ 1525 the Court of Appeal considered two questions: At what point is an immigration application decided by the Home Office? Is it procedurally unfair for the Home Office to refuse an application due...
