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Immigration - Legal Updates

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Jan
18
2018

Tier 2 Sponsors: Role of the Authorising Officer
#Immigration

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

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

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

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

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

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....

Nov
24
2017

UK work experience visas under Tier 5
#Immigration

The Tier 5 visa route enables international students from outside the EEA to undertake temporary work experience, internships or approved training in the UK during or after their studies. Here, we consider the Government Authorised Exchange (GAE) and Youth Mobility schemes under Tier 5 of the Points Based System. Both routes allow a student/graduate to live and work in the UK for 12-24 months....

Nov
17
2017

Government doubles visas for exceptional talented individuals
#Immigration

On Wednesday, the government announced its intentions to double the number of visas to individuals who show promise in the technology, science, art and creative industries. Home Secretary Amber Rudd confirmed that the number of visas available through the Tier 1 Exceptional Talent route will increase from 1,000 to 2,000 a year....

Nov
10
2017

Brexit Update: Government Publishes ‘Technical Document’ on EU citizens’ rights
#Immigration

Last night, Theresa May confirmed that the EU Withdrawal Bill would be amended to formally commit to Brexit at 23:00 GMT on 29 March 2019. This comes after the government published a ‘technical document’ on Tuesday setting out further details of how the new settled status scheme for EU nationals and their family members would operate as the UK leaves the EU. The document seeks to reassure the 3 million EU citizens currently living in the UK of their immigration status post-Brexit....

Oct
27
2017

Right to Work: Employing International Students
#Immigration

Some international students from outside the EEA are allowed to work in the UK, depending on the conditions of their visas. Where they are permitted to work, students can work part time during their studies, full time during vacation periods and any period of time between completing their studies and the expiry of their student visa. Employers wishing to take on such students should be aware of the additional right to work checks required....

Oct
20
2017

Tier 2 Sponsor Duties: Record Keeping
#Immigration

Tier 2 sponsors are required to fulfil certain duties throughout the duration of their sponsor licence. Failure to comply with any of the sponsor duties, is likely to lead to a licence being suspended or in a worst-case scenario revoked and sponsored workers seeing their leave curtailed....

Oct
13
2017

Tier 2 Sponsors: Preparing for a UKVI Compliance Visit
#Immigration

Sponsor licence holders are all too familiar with the challenges of maintaining compliance with UKVI requirements. All sponsors should expect a compliance visit at some point and any visit should be taken very seriously!...

Sep
29
2017

Award winning Indian restaurant in Wales re-opens following immigration raid
#Immigration

An award winning Indian restaurant in Wales has re-opened after being temporarily closed down by immigration officers. Yasmin’s, which has won various curry awards over the years, was shut down last week following an immigration raid which found the owners had failed to carry out the prescribed right to work checks....

Sep
22
2017

Theresa May Florence Speech: UK laws to protect EU citizen’s rights
#Immigration

This afternoon, Theresa May delivered a “landmark” speech in Italy confirming she wants a 2 year transition period with no change to current market access or rules. Speaking ahead of Brexit talks which are due to resume on Monday, May thanked European nationals living in the UK for their contribution and promised that their rights will be protected and they could “carry on” living their lives as before....

Sep
15
2017

Establishing a business presence in the UK – the sole representative visa
#Immigration

Our immigration lawyers have recently seen an increase in enquiries from successful overseas business owners who wish to establish a business presence in the UK. Such individuals have explored the Tier 1 Entrepreneur visa route but either do not want to live in the UK or do not wish to make a large investment, such as the £200,000 required under the Entrepreneur route....

Sep
07
2017

Leaked document on Post Brexit Immigration
#Immigration

The Guardian has obtained a copy of a leaked document setting out the government’s proposals on post-Brexit immigration. ...

Sep
01
2017

Top London Curry House Re-Opens following Immigration Raid
#Immigration

One of London’s top curry houses, Tayyabs, has re-opened following a 48 hour shutdown by immigration enforcement officers for allegedly employing illegal workers. Family owned Punjabi restaurant Tayyabs closed on Tuesday following an immigration raid which found some of its 40 employees did not have the correct permission to work in the UK....

Aug
30
2017

Home Office admits error in British born Shane Ridge case
#Immigration

This afternoon, the Home Office confirmed that Shane Ridge, the Lancashire born joiner, is indeed a British citizen and they had incorrectly refused his application for Right of Abode. Shane Ridge’s case made headlines this week when it was discovered that despite being born in the UK and spending his entire life here, he was required to leave or face a £5,000 fine or prison sentence. ...

Aug
25
2017

Food industry expresses workforce concerns in landmark Brexit survey
#Immigration

This week, the Food & Drink Federation (FDF) warned that over a third of its members businesses would become unviable without access to EU labour, as 47% of EU workers consider moving away from permanent and seasonal roles....

Aug
18
2017

Home Office Updates Guidance on Right to Work Checks
#Immigration

This week, the Home Office published new guidance for employers setting out the right to work checks required to establish or retain a statutory excuse....

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