Immigration: Right-to-work checks and balances

As the Covid-19 adjusted process for right-to-work checks ends, Samar Shams explains which checking processes employers need to use now for UK and non-UK nationals If an employer conducts a right-to-work check in the manner dictated by the Home Office, it can establish a statutory excuse against being liable for a penalty should it be …
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Immigration: No time to lose

Alison East highlights the importance of addressing immigration and nationality issues for looked after children It is very important that an informed explanation of a looked after child’s immigration circumstances is available on their social services file record, to ensure that when social workers move on, goals such as British citizenship are regularly reviewed and …
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Immigration: In with the old

The government’s 2022 immigration changes offer little assistance to employers struggling with labour shortages, warns Samar Shams The global business mobility rules bring a number of existing routes under one umbrella, with modifications. In 2022, the government is introducing the last pieces of its post-Brexit immigration system. A new high-potential individual visa has just come …
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Immigration: Key changes to right-to-work checks coming into force on 6 April 2022

Joanna Hunt looks at the government’s plans for online checks of prospective employees’ permission to work Employers will need to familiarise themselves with the online right-to-work checking system and update recruitment and policy documents to make reference to it and the new processes. This April, the prevention of illegal working system is going to undergo …
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Brexit: Settlement scheme deadline – what can employers do now?

Amanda Sanders and Aida Geragusian review the updated rules on right-to-work checks and what happens if an EEA national has not applied for settled or pre-settled status in time From 1 July 2021, employers need to request evidence of an EEA national’s status under the EUSS or under an alternative UK immigration route before employment …
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Immigration: Between a rock and a hard place

Henry Setright QC and Michael Gration analyse the Supreme Court’s examination of the relationship between the 1980 Hague Convention and the Refugee Convention There is an obvious substantial risk in cases where a parent or child has sought asylum that too great a focus on the need to expeditiously determine the 1980 Hague Convention proceedings …
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Legal news: Employment update

Lydia Moore and Lydia Octon-Burke round up recent developments affecting employers and their advisers A poorly worded, unclear or even incomprehensible ET1 from a litigant in person may place a burden on a legally represented employer to clarify what the claim is. EAT offers direction on dealing with litigants in person In Cox v Adecco …
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Immigration: A guide to your post-Brexit options

Elaine McIlroy outlines some of the less familiar and cheaper alternatives to sponsoring migrant workers under the skilled worker route The frontier worker permit has not been as widely publicised as the EU settlement scheme and yet it presents an opportunity for eligible EEA and Swiss employees to protect their right to work. The last …
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Immigration: Business travel in the post-Brexit landscape

Samar Shams explains when employees are permitted to travel between the UK and EU without needing a visa When travelling on business without a visa, it is best for employees to carry a letter setting out exactly what activities they intend to undertake and how these fit within the UK or EU restrictions, as applicable. …
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