Posts

Pilot EU Settlement Scheme Expanded to Include EU Staff of Higher Education Institutions

The post-Brexit “Settlement Scheme” is being piloted to see how effectively it will work. From 15th November 2018 eligible EU staff members of higher education institutions will be able to apply for “settlement” using the new online application process which requires access to an android device.

 

For further information on the pilot or on other aspects of the EU settlement scheme, please contact Jenny Harvey on info@jennyharveyimmigration.co.uk

EU Settlement Scheme – Information for Employers

The Home Office has published a “toolkit” for employers and suggests that employers “cascade it” to their employees.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/728672/EU_Settlement_Scheme_Introduction_To_Employer_Toolkit.PDF

EU employees cannot yet apply for “settlement” – although the application scheme is now being piloted – but the information is a useful summary of how it will work.

There are some useful reminders for employers:

  • They must not discriminate against EU workers
  • There will be no change to the rights of EU workers until 2021
  • They should be careful not to give immigration advice when distributing information

Employers – please contact me for more information and let your EU employees know that I can advise on their current and future rights.

Relaxation of Rules on Absences Calculation

Certain visa categories including Tier 1 entrepreneurs and  Tier 2 (General) workers require an Applicant to show “continuous residence” for a 5-year period when applying for indefinite leave to remain in the UK.

“Continuous residence” can be broken by absences of 180 days or more in 12 months. This used to mean that an Applicant should not have been out of the UK for more than 180 days in any of the 5 years preceding the date of their application.  A new rule brought in on 11th January 2018 meant that an application could be refused if at any point over the 5 years in question the limit was exceeded in any rolling 12 month period.

The new rule was applied retrospectively and has led to widespread condemnation. It has now, from 6th July 2018,  been relaxed, meaning that it won’t apply to absences occurring during leave granted prior to 11th January 2018.

For more information about this or for any question about applying for indefinite leave please contact Jenny Harvey on info@jennyharveyimmigration.co.uk.

Croatian Nationals – unrestricted rights to work in the UK

Croatian Nationals – unrestricted rights to work in the UK as of Sunday 1st July 2018.

 

From that date, employers may accept Croatian passports as proof of the right to work and Sponsors will need to update their systems as employees will no longer need authorisation to work.

Employers – a new guide on right to work checks

Employers – a new guide on right to work checks has been published.

 

Please see link below.

 

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/720858/29_06_18_Employer_s_guide_to_right_to_work_checks.pdf

The Home Office has updated its information for EU nationals

The Home Office has updated its information for EU nationals – https://www.gov.uk/guidance/status-of-eu-nationals-in-the-uk-what-you-need-to-know

Please contact me if you would like to discuss any of the  issues raised.

Request for Personal Information – Updated Guidance

This could be useful when calculating absences from  the UK for the purposes of applications including those for naturalisation.

https://www.gov.uk/government/publications/requests-for-personal-data-uk-visas-and-immigration/request-personal-information-held-by-uk-visas-and-immigration 

New guidance on right to work checks for employers

A new guide has been published, dated 16.8.17, and applying to people employed after 8.8.17.

 

Changes include advice about the employment of non- EEA family members of EEA nationals, voluntary workers and international students and is a vital read for employers and their HR teams. It also explains the new illegal work measures such as closure notices and compliance orders as well as the introduction of immigration checks in to the licencing regimes for taxis and private hire vehicles and alcohol and late night refreshment.

 

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/638349/Employer_s_guide_to_right_to_work_checks_-August_2017.pdf