RIGHT TO WORK CHECKS GUIDANCE UPDATED-ESSENTIAL READING FOR EMPLOYERS

An employer’s guide to right to work checks (publishing.service.gov.uk)

New guidance came in to force on 6th April 2022.

One of the most important changes is that relating to the holders of biometric residence permits and biometric cards whose rights to work will from 6th April need to be checked using the on-line system. Manual checks can no longer be undertaken though there is no need for employers to make retrospective checks of cards already checked before the April dead-line.

Another useful addition is Annex F which explains the rights to work of Ukrainian nationals under the various new schemes.

For advice on any aspect of the new guidance please contact us on info@jennyharveyimmigration.co.uk

Ukraine Family Scheme Visa Guidance Published

Apply for a Ukraine Family Scheme visa – GOV.UK (www.gov.uk)

The Home Office has published guidance on the Family Scheme Visa which is good news for some.

Eligible Ukrainian Nationals (plus immediate family members of Ukrainian nationals) will be able to apply to join UK based family members if those family members are British or settled, if they have pre-settled status, or if they have refugee or humanitarian protection in the UK.

This does not just apply to immediate family members of those UK based family members but also includes extended family members such as the parents of a child who is over 18, children over 18, grandparents, grandchildren and siblings.

The visa application process will be free of charge and will enable successful applicants to live in the UK for up to 3 years.

Unfortunately the scheme is not helpful to the family members of people based in the UK on a temporary basis .

For more information on the scheme and how to make an application please get in touch and we will try to help.

GUIDANCE FOR UKRAINIAN NATIONALS IN UKRAINE AND THE UK

In response to the terrible events unfolding in Ukraine, the Home Office has published guidance on visa applications from outside the UK and on certain concessions for Ukrainian nationals inside the UK.

Certain close family members of British nationals who normally live in Ukraine can apply for a “Family Migration visa” free of charge and should contact UK Visas and Immigration before making an application.

They must provide their biometrics and will be able to do so at the Visa Application Centre in Lviv.

Outrageously, other Ukrainian nationals are not currently able to apply for UK visas from inside Ukraine though they will be able to do so from another county if they have managed to leave Ukraine and are eligible for a visa.

For those Ukrainian nationals already in the UK , some temporary concessions have been introduced, though they do not go far enough.

Those here as visitors will temporarily be able to switch in to a family route or a points- based route without leaving the UK but only if they are eligible for the new route.

The link to the current guidance, dated 27th February 2022,  can be seen below.

Support for family members of British nationals in Ukraine, and Ukrainian nationals in Ukraine and the UK – GOV.UK (www.gov.uk)

It may well change as events unfold.

Please contact us if you or your family members are in need of help and we will try to assist.

IMPORTANT FOR EMPLOYERS- CHANGES TO RIGHT TO WORK CHECKS FROM 6TH APRIL 2022

From the above date employers will only be able to check Biometric Residence Permits and Biometric Residence cards using the Home Office online service.

They will no longer be able to conduct manual right to work checks as explained on pages 56 and 57 of the most recent guidance on Employer Right to Work Checks.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1047370/2022_01_17_Employer_s_Guide_.pdf

Until 5th April 2022 employees can choose to use their physical cards to evidence their right to work in the UK and employers must not insist on using the online service.

British and Irish citizens do not hold biometric cards and employers should continue to undertake manual checks of their documents though a new “ digital identity verification” process is in the pipe line.

Surinder Singh dead-line fast approaching – 29th March 2022

If you are the family member of a British national and you are living in the EU but planning to relocate to the UK you should be aware of the above dead-line.

You may need to apply for an EU Settlement Scheme Family Permit and you must do so before 29th March this year.

There are currently long delays with permit applications being processed but as long as you are in the queue you should then be able to enter the UK once a permit is issued and to apply for pre-settled status using the required paper application form. (This one cannot be made on-line).

Strictly speaking the application should be submitted inside the UK  by 29th March 2022 but the Home Office has confirmed that a delay in being issued an EUSS permit will count as a “reasonable ground” for not applying in time.

Please contact us for more information about this or for assistance in making an application for an EUSS family permit or pre-settled status.

Updated guidance for travel to England

Guidance was updated on 7th December 2021 and is a vital read for anyone planning to travel to England. It sets out different rules for those who are fully vaccinated, those who are not fully vaccinated and for those who have been in a “Red List” country in the ten days before their planned arrival in the UK. New countries have recently been added to the “Red List” in the wake of Omicron’s emergence.

The guidance explains what it means to be “fully vaccinated” and how to prove your vaccination status . It also sets out the rules for those travelling with children.

Similar guidance for those travelling to Scotland, Wales and Northern Ireland can be found on the link below.

https://www.gov.uk/guidance/travel-to-england-from-another-country-during-coronavirus-covid-19

IDENTITY CARDS GENERALLY NO LONGER VALID ALTERNATIVE TO PASSPORTS FOR ENTRY TO UK

From 1st October 2021 most EU, EEA, and Swiss nationals will no longer be able to use their identity cards instead of passports to enter the UK.

Existing UK residents with EU-settled status or similar will still be able to use their cards.

GRADUATE ROUTE NOW OPEN

Eligible graduates can, from 1st July 2021, apply to remain in the UK for a further two years ( three years if awarded a doctorate) after graduation and can undertake employment at any skill level.

They don’t need to be sponsored by an employer and they will not be required to prove any level of financial support or English language ability.

This is a really welcome development for employers and graduates though time spent on this immigration route will not lead to settlement. Switching in to skilled sponsored work will be permitted and doing so as soon as possible is sensible for those graduates hoping to settle in the UK.

Family members already in the UK as a student’s dependents can apply to be joined to an application but new family members cannot.

An application must be made from within the UK and will generally be made using an App.

The guidance below sets out more detail on who will be eligible for this route, and how to make an application.

The points-based immigration system: The Graduate immigration route (publishing.service.gov.uk)

For more information on this new route, or for assistance with making an application please contact us on info@jeennyharveyimmigration.co.uk

NEWS FOR LANDLORDS-EEA NATIONALS AND FAMILY MEMBERS MUST PROVE IMMIGRATION STATUS FROM 1ST JULY 2021

From 1st July this year prospective EEA tenants will no longer be able to rely on an EEA passport or national identity card as proof of their right to rent. They will need to prove their right to rent in the same way as non- EEA nationals do and as explained in the most recent guidance for landlords to be found at the link below.

 

Landlord’s guide to right to rent checks (publishing.service.gov.uk)

 

Many will have settled status under the EU Settlement Scheme and will be able to prove their right to rent by providing landlords with a “share code” and their date of birth. These can be used to make checks through an online checking service and confirmation of settled status will give the prospective tenant a continuous right to rent.

 

Others will have a pre-settled status which can similarly be checked using the online checking service. Importantly, pre-settled status gives a prospective tenant a time-limited right to rent so follow up checks will need to be made.

 

Many will have applied for permission to remain in the UK under the EU Settlement Scheme but will be waiting for a decision. They will be legally able to rent until their application is decided and landlords will be able to make checks on their status as explained on page 57 of the guidance. 

 

There is no need to carry out retrospective checks on EEA Citizens who entered into a tenancy agreement before 1st July.

 

Irish citizens can continue to use their Irish passport or an Irish passport card to prove their right to rent and have a continuous right to rent.

 

It is very important that landlords do not discriminate when checking the status of prospective tenants and that checks are conducted on all prospective adult tenants, including British Citizens.

 

For advice on the new guidance or on any aspect of the right to rent checks please contact us at info@jennyharveyimmigration.co.uk

MAJOR CHANGE TO RIGHT TO WORK CHECKS ON EEA CITIZENS AND THEIR FAMILY MEMBERS FROM 1st JULY 2021

From 1st July employers must carry out right to work checks on new EEA employees in accordance with new guidance dated 18th June 2021.

https://assets.publishing.service.gov.uk

They can no longer rely on a prospective employee’s EEA passport or national identity card which will no longer be proof of their right to work in the UK.

 

Most EEA citizens will need to provide future employers with a “share code” and their date of birth which will enable the employer to check their immigration status using an online service. (See page 39 of the guidance.)

 

EEA citizens granted settled status under the European Settlement Scheme will have a continuous right to work in the UK but those with pre-settled status will only have a time-limited right to work here and a follow-up check will be required.

 

Some EEA citizens will not have status under the European Settlement Scheme but will have the right to work in the UK through another route. Irish nationals will be able to continue to prove their right to work using their passport or Irish passport card as they will continue to have unrestricted access to work in the UK.

 

There will be no need for employers to make retrospective checks on EEA citizens and their family members who are already working for them prior to 1st July.

 

Importantly, there is a transitional measure to assist employers who identify that an existing EEA citizen employee (employed before the end of June 2021) has not applied under the European Settlement Scheme by the 30th June deadline. Until 31st December 2021, an employer can carry out the steps set out on page 46 of the guidance, to include advising the employee that they must make an application to the EUSS within 28 days and provide them with a certificate of application (a CoA). They do not need to cease employment immediately but can await the determination of the employee’s application.

 

For advice on right to work checks please contact us at info@jennyharveyimmigration.co.uk