Updates to the Tier 2 and 5 guidance for sponsors
23 July 2018
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The guidance that Tier 2 and 5 sponsors must follow was updated last week. The new version applies to sponsor licence applications made, and certificates
The guidance that Tier 2 and 5 sponsors must follow was updated last week. The new version applies to sponsor licence applications made, and certificates
Taking part in strike action can be stressful enough. But for migrant workers who are sponsored by their employer, striking has also had the potential
As regular readers of this blog will be aware, the Home Office’s latest statement of changes to the Immigration Rules comes into force tomorrow (Friday
In the case of R (Nesiama & Ors) v Secretary of State for the Home Department [2018] EWCA Civ 1369, the Court of Appeal found
On Friday 15 June, a new statement of changes was laid. Rather atypically, many of the changes are welcome news! All changes will come into
Less than two months into the job, Sajid Javid appears to be, so far, quite a pragmatic Home Secretary. Following six months of the Tier
With London Tech Week upon us, Sajid Javid today announced the introduction of a new “start-up” visa route for entrepreneurs looking to set up businesses
What started as a minor aberration has now turned into a worrying trend. The Home Office confirmed on 24 May that we have hit the monthly
The responsibility to take the utmost care to ensure that the Points Based System, Immigration Rules and guidance are followed remains with the sponsor. A
One of the interesting aspects of the ongoing national debate about Brexit is the prominent position occupied in the debate by the UK fishing industry.
Today is the deadline for employers with 250 or more employees to publish calculations showing the size of the pay gap between their male and
Businesses across the UK began receiving notification emails last week from the Home Office confirming that their applications for restricted certificates of sponsorship had been approved.
The Ganges and Gurkha is the 60th most popular restaurant in Plymouth. It serves Nepalese and Indian food, and was shortlisted for the British Curry
On 1 March the Court of Appeal looked at Article 8 of the European Convention on Human Rights in the context of a Tier 1 (Entrepreneur)
Last week the Court of Appeal dealt with the issue of fairness and discretion in the context of the Points Based System. Specifically, it decided
Thousands of staff at more than 60 universities around the country have gone on strike, starting today. Some members of the University College Union (UCU),
Seasoned Brexit watchers will be familiar by now with the trope that there is a “need for a level playing field”. Coined by the EU
UK businesses seeking to hire skilled non-EU workers are losing out as it emerges that the monthly quota has been hit for an unprecedented third
Spring is in the air (for those optimists among us). For Tier 2 sponsor licence holders, this can only mean one thing. It’s time to grab
In many cases, employers who wish to hire Tier 2 skilled workers must pass the Resident Labour Market Test. This means that Tier 2 sponsors
The web of Rules and Guidance has become so tangled that even the spider has difficulty controlling it. So says Lord Justice Underhill in Mudiyanselage
In the High Court last month, Mrs Justice Moulder found that the Home Office had gathered partly unreliable intelligence in the course of an investigation
In the midst of an “NHS crisis”, with two in three hospitals said to have a shortage of doctors, immigration laws appear to be making the
Hidden within December’s statement of changes (HC309) to the Immigration Rules are new provisions that will affect how the Home Office assesses continuous residence for
The Secretary of State’s decision to revoke an IT consultancy’s Tier 2 sponsor licence was upheld before Christmas in R (Sri Prathinik Consulting Limited) v
A Statement of Changes in Immigration Rules HC309 was laid yesterday, 7 December 2017. This note does not aim at detailing all the changes, instead
Like (I suspect) many other practitioners, I often find myself speaking to a client’s employer to explain to them why my client has the right
The Home Secretary recently announced that the number of people who can be accepted under the Tier 1 (Exceptional Talent) immigration route would double, from 1,000
According to UK immigration rules, if a chef works at a restaurant which provides a take-away service, he is less skilled than one who plies
Immigration policy is decided at a national level, meaning that the rules governing the entry of foreign nationals to the UK are almost entirely the
Sivayogam is a religious charity, serving Hindu and Tamil communities in London. Finding priests in the UK and Europe had proven difficult so, in 2009,
In 2011, Russell and Ellen Felber set up the award-winning Torridon Guest House in Inverness. It has hundreds of stellar reviews across TripAdvisor and similar
Nadeem Anjum applied for a Tier 1 (Entrepreneur) visa in early 2015. It was refused. The Entry Clearance Officer took the view, following an interview
What are the immigration rules for footballers from outside the EU? And what rules will apply to footballer transfers from abroad after Brexit? Here we
Tier 2 is a fortress. Everything about the UK work permit system is designed to disincentivise employers importing migrant labour from outside of the EU.
Businesses large and small are the backbone of our economies, and enterprise is the engine of our prosperity. That is why Britain is – and
The President of the Immigration and Asylum Chamber of the Upper Tribunal has found that the Home Office abused its power in forcing a college to
The Points Based System is notoriously complex and indecipherable. Initially I believe this was simply incompetence on the part of Home Office officials unable to
Statement of Changes to the Immigration Rules HC667 was laid yesterday, 3 November 2016. The document weighs in at 90 pages but many of the
“Technical”, “deeply unattractive”, “disingenuous”, “singularly lacks merit”, “ridiculous”, “inappropriate”, “extraordinary”. All words used by Elias or Vos LLJ to describe the arguments advanced by the
The guidance that Tier 2 and 5 sponsors must follow was updated last week. The new version applies to sponsor licence applications made, and certificates of sponsorship assigned, on or after 18 July 2018. Some of the key changes are: Fees and refunds Application fees for sponsor licence applications and...
Taking part in strike action can be stressful enough. But for migrant workers who are sponsored by their employer, striking has also had the potential to place their immigration status in the UK at risk. This is because the Home Office’s position has been that unpaid absence from work due...
As regular readers of this blog will be aware, the Home Office’s latest statement of changes to the Immigration Rules comes into force tomorrow (Friday 6 July 2018). Nath has summarised the various changes being introduced in a previous post. Although a relatively small part of a fairly lengthy statement...
In the case of R (Nesiama & Ors) v Secretary of State for the Home Department [2018] EWCA Civ 1369, the Court of Appeal found that “residence” in the UK means “physical presence”, such that continuous residence in an application for indefinite leave to remain may be broken by too...
On Friday 15 June, a new statement of changes was laid. Rather atypically, many of the changes are welcome news! All changes will come into force on 6 July 2018, although some only apply to applications made after that date. As always, practitioners are encouraged to read the new rules...
Less than two months into the job, Sajid Javid appears to be, so far, quite a pragmatic Home Secretary. Following six months of the Tier 2 cap wreaking havoc amongst employers and users of the Points Based System, resulting in the NHS losing out on hiring over 2,300 doctors, the...
With London Tech Week upon us, Sajid Javid today announced the introduction of a new “start-up” visa route for entrepreneurs looking to set up businesses in the UK. According to one part of the announcement, it will replace the Tier 1 (Graduate Entrepreneur) route from spring 2019, although another part...
The responsibility to take the utmost care to ensure that the Points Based System, Immigration Rules and guidance are followed remains with the sponsor. A Mr Talpada attempted to challenge the applicability of the Rules and guidance to his case on the facts and by using common law legal principles...
One of the interesting aspects of the ongoing national debate about Brexit is the prominent position occupied in the debate by the UK fishing industry. I would venture to say that maritime immigration control is a topic infrequently encountered even by Free Movement readers, and with the current focus on...
Today is the deadline for employers with 250 or more employees to publish calculations showing the size of the pay gap between their male and female workers. The gender pay gap is the percentage difference between the average hourly earnings for men and women; men earn 18.4% more than women...
Businesses across the UK began receiving notification emails last week from the Home Office confirming that their applications for restricted certificates of sponsorship had been approved. This is because they had met an as yet unpublished points threshold. The Home Office has saved the bad news for today. Yet again there...
The Ganges and Gurkha is the 60th most popular restaurant in Plymouth. It serves Nepalese and Indian food, and was shortlisted for the British Curry awards in 2013. In 2015, it had a Tier 2 sponsor licence, meaning that it could sponsor workers from overseas to come and work in...
On 1 March the Court of Appeal looked at Article 8 of the European Convention on Human Rights in the context of a Tier 1 (Entrepreneur) appeal. Although the appeal was dismissed, the court confirmed that running a business may amount to private life for the purposes of Article 8....
Last week the Court of Appeal dealt with the issue of fairness and discretion in the context of the Points Based System. Specifically, it decided that such values take a firm second place to predictability. The case is R (Dharmeshkumar Bhupendrabhai Patel & Anor) v Secretary of State for the...
Thousands of staff at more than 60 universities around the country have gone on strike, starting today. Some members of the University College Union (UCU), which has called the strike, will be non-EU nationals sponsored under the relevant university’s sponsor licence. Here, I consider the Home Office’s position on whether...
Seasoned Brexit watchers will be familiar by now with the trope that there is a “need for a level playing field”. Coined by the EU out of concern that the UK may turn itself into a tax haven, the phrase has now been appropriated by Brexiteers in the government. Cabinet...
UK businesses seeking to hire skilled non-EU workers are losing out as it emerges that the monthly quota has been hit for an unprecedented third time in a row. Yesterday afternoon, the Home Office sent out hundreds of emails to UK businesses that have been waiting for the outcome of...
Spring is in the air (for those optimists among us). For Tier 2 sponsor licence holders, this can only mean one thing. It’s time to grab the organisation’s “leave expiries” list, a crystal ball and a calculator and work out how many unrestricted certificates of sponsorship (CoS) the organisation is...
In many cases, employers who wish to hire Tier 2 skilled workers must pass the Resident Labour Market Test. This means that Tier 2 sponsors must offer a position to a settled worker ahead of a migrant where both candidates have the necessary skills and experience. Discrimination, but the acceptable...
The web of Rules and Guidance has become so tangled that even the spider has difficulty controlling it. So says Lord Justice Underhill in Mudiyanselage v Secretary of State for the Home Department [2018] EWCA Civ 65, the latest decision in a long lineage examining the much maligned Points Based...
In the High Court last month, Mrs Justice Moulder found that the Home Office had gathered partly unreliable intelligence in the course of an investigation into a college, breaching its right to peaceful enjoyment of its Tier 4 sponsor licence under Article 1 Protocol 1 of the European Convention on...
In the midst of an “NHS crisis”, with two in three hospitals said to have a shortage of doctors, immigration laws appear to be making the situation worse. Last week iNews reported that dozens of medics with offers to work in the NHS had their visa applications refused. Even more...
Hidden within December’s statement of changes (HC309) to the Immigration Rules are new provisions that will affect how the Home Office assesses continuous residence for indefinite leave to remain (ILR) applications. Certain visa categories require an applicant to show they have been “continually resident” in the UK over a five...
The Secretary of State’s decision to revoke an IT consultancy’s Tier 2 sponsor licence was upheld before Christmas in R (Sri Prathinik Consulting Limited) v Secretary of State for the Home Department [2017] EWHC 3204 (Admin). A stream of case law was cited, most notably Lord Justice Tomlinson’s leading judgment...
A Statement of Changes in Immigration Rules HC309 was laid yesterday, 7 December 2017. This note does not aim at detailing all the changes, instead just highlighting the most significant ones. Except where otherwise indicated, these changes will come into force on 11 January 2018, although applications made before 11...
Like (I suspect) many other practitioners, I often find myself speaking to a client’s employer to explain to them why my client has the right to work. The most typical example is where a client has submitted an application by post before the expiry of their leave. The document showing...
The Home Secretary recently announced that the number of people who can be accepted under the Tier 1 (Exceptional Talent) immigration route would double, from 1,000 to 2,000 each year. The exceptional talent visa regime does exactly what it says on the tin, providing a route for recognised or emerging...
According to UK immigration rules, if a chef works at a restaurant which provides a take-away service, he is less skilled than one who plies his trade at a restaurant that does not. As a result, restaurants which provide a take-away service cannot offer employment to chefs under the Tier...
Immigration policy is decided at a national level, meaning that the rules governing the entry of foreign nationals to the UK are almost entirely the same across the land. The requirements, for instance, to be met by nurses under Tier 2 of the Points Based System are the same in...
Sivayogam is a religious charity, serving Hindu and Tamil communities in London. Finding priests in the UK and Europe had proven difficult so, in 2009, it applied for registration as a Tier 2 sponsor, allowing the organisation to bring in religious workers from abroad. Its experience in R (Sivayogam) v...
In 2011, Russell and Ellen Felber set up the award-winning Torridon Guest House in Inverness. It has hundreds of stellar reviews across TripAdvisor and similar sites. The New Yorkers made their home in the Highlands having fallen in love with the area during a holiday there, initially spending £300,000 to...
Nadeem Anjum applied for a Tier 1 (Entrepreneur) visa in early 2015. It was refused. The Entry Clearance Officer took the view, following an interview with Mr Anjum, that he was not a “genuine entrepreneur”. Since rights of appeal against Points Based System applications were removed, judicial consideration of the...
What are the immigration rules for footballers from outside the EU? And what rules will apply to footballer transfers from abroad after Brexit? Here we look at the immigration aspects of football transfers using the recent successful but fraught transfer of Serge Aurier from Paris Saint-Germain to Tottenham Hotspur. Aurier...
Tier 2 is a fortress. Everything about the UK work permit system is designed to disincentivise employers importing migrant labour from outside of the EU. Like a teacher who has lost control of her class at school and exacts revenge on her own children at home, who are occasionally fed...
Businesses large and small are the backbone of our economies, and enterprise is the engine of our prosperity. That is why Britain is – and will always be – open for business: open to investment in our companies, infrastructure, universities and entrepreneurs. – Theresa May, Davos, January 2017 Entrepreneurs are...
The President of the Immigration and Asylum Chamber of the Upper Tribunal has found that the Home Office abused its power in forcing a college to expel a student and deliberately depriving him of a statutory right of appeal. The case has now been reported as R (on the application...
The Points Based System is notoriously complex and indecipherable. Initially I believe this was simply incompetence on the part of Home Office officials unable to communicate in plain English and ill equipped to design to and then adapt to the constantly shifting requirements of Ministers. My view is that the...
Statement of Changes to the Immigration Rules HC667 was laid yesterday, 3 November 2016. The document weighs in at 90 pages but many of the changes are to language rather than effect. The more significant changes are to Tier 2 skilled workers, for whom the minimum salary level is increased,...
“Technical”, “deeply unattractive”, “disingenuous”, “singularly lacks merit”, “ridiculous”, “inappropriate”, “extraordinary”. All words used by Elias or Vos LLJ to describe the arguments advanced by the Home Office in the course of their judgments in the remarkable case of R (On the Application Of Ufot) v Secretary of State for the...
