Archive for category: News

As of 1^st October 2022, the guidance on employers undertaking right-to-work checks has been updated. Checks must be undertaken in accordance with the guidance below.

Coronavirus (COVID-19): right to work checks – GOV.UK (www.gov.uk)

The adjusted procedures introduced during the pandemic have ended.

Retrospective checks do not need to be made on employees whose right to work has already been checked.

For information on the new guidance or on any other aspect of making right-to-work checks please contact us at info@jennyharveyimmigration.co.uk

On 11^th April 2022, a new route was introduced for overseas businesses wishing to establish a branch or subsidiary in the UK.

Unlike under its predecessor, the Sole Representative route, an employee being sent to the UK to establish a branch will need to be sponsored by their overseas employer which must apply for a UK Expansion Worker Sponsor Licence.

Interestingly, the route allows the overseas business to nominate an eligible employee to act as the authorising officer of the new entity and to sponsor him or herself to enter the UK.

The employee in question should have worked for the overseas business for at least 12 months before they apply for a visa (unless they earn an annual salary of £73,900 or more), must generally earn at least £42,400, and must be coming to undertake a skilled role.

Once in the UK, they may be able to sponsor up to 4 additional eligible employees to help with the establishment of the UK entity.

This route is only aimed at businesses without an existing trading entity in the UK.

Employees coming to the UK under this route will not be able to settle here though they may be able to switch to the skilled worker route and apply for settlement once eligible on that basis.

For more detailed advice on using this route, and for applying for a UK Expansion Worker Sponsor Licence, please email us on info@jennyharveyimmigration.co.uk

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

New guidance came in to force on 6^th 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 6^th 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

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 27^th 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.

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 29^th 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 29^th 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.