Latest updates

Home Office publishes COVID-19 minimum income policy for family visa route applicants
Lewis Silkin
  • Employment & Immigration
  • United Kingdom
  • 05 August 2020

The Home Office recently updated its policy guidance to confirm a surprisingly limited concession to the usual minimum income requirements that most applicants for partner and child visas must meet. The guidance is intended to ensure that applicants are not disadvantaged as a result of circumstances beyond their control because of COVID-19. However, it is concerning for multiple reasons.

Travelling from Spain – new self-isolation rules and employment
Lewis Silkin
  • Employment & Immigration
  • United Kingdom
  • 05 August 2020

A requirement to self-isolate for 14 days in order to limit the spread of COVID-19 has been re-imposed on all people returning to the United Kingdom from Spain. Happening in the middle of peak summer holiday season, how does this affect employees who are already travelling or due to travel in the next few weeks?

New Health and Care visa to launch on 4 August 2020
Lewis Silkin
  • Employment & Immigration
  • United Kingdom
  • 29 July 2020

The Home Office has released the first guidance on the new Health and Care visa for doctors, nurses and allied health professionals, including individuals working in the social care sector. The Health and Care visa will be available from 4 August 2020 and will fall under the Tier 2 (General) category.

Back to work – advice on working from home set to change from 1 August 2020
Lewis Silkin
  • Employment & Immigration
  • United Kingdom
  • 29 July 2020

The official guidance remains that employees should work from home if they can, but the prime minister recently announced that this will change on 1 August 2020. Employers will be able to ask employees who have been able to work from home since the lockdown to return to their workplace, provided that they have taken steps to ensure that the workplace is COVID-19 secure and social distancing measures are in place.

Home Office provides consolidated details of new immigration system
Lewis Silkin
  • Employment & Immigration
  • United Kingdom
  • 22 July 2020

The Home Office has published a more detailed policy statement on the changes to the UK immigration system due to come into effect from 1 January 2021, including its redesign of points-based immigration routes. The statement summarises the planned reforms to the most commonly used work, business, study and visit routes ahead of simplified immigration rules and guidance being published in Autumn 2020. This article outlines the key policy points for specific immigration categories and arrangements.

Latest developments on Coronavirus Job Retention Scheme
Lewis Silkin
  • Employment & Immigration
  • United Kingdom
  • 22 July 2020

The Coronavirus Job Retention Scheme ends on 31 October 2020, with employers required to start contributing from August 2020 and a new flexible furlough option available from July 2020. This article highlights the latest developments, including with regard to flexible furloughing arrangements, government contributions and claim deadlines.

Updated guide to immigration implications of COVID-19 for employers
Lewis Silkin
  • Employment & Immigration
  • United Kingdom
  • 15 July 2020

This article sets out the main immigration law issues and Home Office guidance of which employers need to be aware so that they can consider the implications of the COVID-19 pandemic for their business. It summarises the latest updates and provides further details on issues ranging from logistical considerations to Tier 2 and prevention of illegal working requirements.

Local lockdowns: HR and employment law issues
Lewis Silkin
  • Employment & Immigration
  • United Kingdom
  • 15 July 2020

As national lockdown restrictions begin to ease, employers can expect local lockdowns to become more common. This article explores the relevant HR and employment law issues, including with regard to employee pay, refurloughing and staffing workplaces that are trying to stay open.

British National (Overseas) visa scheme and Hong Kong to United Kingdom migration
Lewis Silkin
  • Employment & Immigration
  • United Kingdom
  • 08 July 2020

The government recently announced its commitment to establishing a new visa scheme for all British National (Overseas) persons and their dependants. The visa will provide a readily available opportunity for millions of Hong Kong residents to move to the United Kingdom more easily and honours the United Kingdom's historic commitment to Hong Kong.

Financial support for self-employed extended in line with employee furlough scheme
Lewis Silkin
  • Employment & Immigration
  • United Kingdom
  • 08 July 2020

The government's Coronavirus Self-Employment Income Support Scheme has been extended to provide a second three-month grant for self-employed individuals affected by COVID-19 after 13 July 2020. The value of the second self-employed grants has been reduced to 70% of trading profit for three months. The government has made it clear that financial support cannot continue indefinitely, and that this will be the final grant instalment under the self-employed scheme.

Windrush Day 2020 – lessons learned?
Lewis Silkin
  • Employment & Immigration
  • United Kingdom
  • 01 July 2020

Windrush Day is a time to celebrate the substantial and ongoing contribution of the Windrush generation and their descendants, who helped to rebuild the United Kingdom after World War II and have influenced the United Kingdom's social, cultural and political landscape ever since. It is also a time to reflect on righting the wrongs of the Windrush scandal and focus on the fight against racism.

Home and away – when working from home means working abroad
Lewis Silkin
  • Employment & Immigration
  • United Kingdom
  • 01 July 2020

COVID-19 is causing many employees to ask if they can work from home for an extended period overseas (eg, because it is their home nation or because their family is based there). Employers should consider a variety of issues – including the tax, social security, immigration and employment implications – before agreeing to an employee's request to work from home when home is not in the United Kingdom. This article discusses the issues and sets out practical steps that employers can take to minimise risks.

UK immigration beyond lockdown
Lewis Silkin
  • Employment & Immigration
  • United Kingdom
  • 24 June 2020

UK visa processing is slowly starting to resume, but it is not yet business as usual. There are still many things that employers and applicants must monitor and potential pitfalls to avoid. The issues relating to processing remain complex and, as each country is moving out of lockdown at a different pace depending on their local restrictions, each application should be considered on a case-by-case basis.

How to flexi-furlough – government reveals more details
Lewis Silkin
  • Employment & Immigration
  • United Kingdom
  • 24 June 2020

The government has published updated guidance on the Coronavirus Job Retention Scheme, setting out the pathway to its phasing out. The guidance provides details of the complex mechanism under which flexible furloughing (ie, part work and part furlough) will be allowed from 1 July 2020.

New quarantine rules cause confusion for cross-border workers
Lewis Silkin
  • Employment & Immigration
  • United Kingdom
  • 17 June 2020

New rules require most international travellers who arrive in the United Kingdom from 8 June 2020 to self-isolate for 14 days. There is an exemption for cross-border workers; however, how this works in practice is not straightforward. This article examines the exemption and provides information for employers with regard to eligibility.

Race discrimination complaints in the workplace and how to address them
Lewis Silkin
  • Employment & Immigration
  • United Kingdom
  • 17 June 2020

With Black Lives Matter (BLM) protests taking place across the United Kingdom and worldwide, many businesses have publicly stated their commitment to equality and the BLM movement. However, what happens when the experience of current or former black, Asian and minority ethnic employees is alleged not to live up to that standard? Employers must find ways to address such complaints and take appropriate action where needed.

Home Office guidance on employing European citizens
Lewis Silkin
  • Employment & Immigration
  • United Kingdom
  • 10 June 2020

The Brexit transition period will end on 31 December 2020. EEA nationals and their family members who are resident in the United Kingdom before that date have until 30 June 2021 to apply to the EU Settlement Scheme. In doing so, they will obtain either settled or pre-settled status. The Home Office recently confirmed two points concerning EEA nationals and their family members.

Restructuring workplaces post COVID-19: FAQs for employers
Lewis Silkin
  • Employment & Immigration
  • United Kingdom
  • 10 June 2020

The Coronavirus Job Retention Scheme may have been extended until 31 October 2020, but employers should already be thinking about what their workforce might look like following the end of subsidised furlough and a return to more normal working patterns. This article answers key questions on options for restructuring workforces, including with regard to ending or extending furlough, notice and redundancy payment rights during furlough, changing terms and conditions and dealing with redundancies.

Sickness and sick pay – FAQs for employers as COVID-19 lockdown restrictions ease
Lewis Silkin
  • Employment & Immigration
  • United Kingdom
  • 03 June 2020

The government has set out its roadmap for gradually easing the COVID-19 lockdown restrictions, but as employees begin to return to work, there will continue to be many individuals who are unwell or required to self-isolate. This article answers some of the most frequently asked questions about sickness absence and sick pay during the ongoing COVID-19 pandemic, including the rules on statutory sick pay and the position of people who are self-isolating, shielding or otherwise vulnerable.

Government's immigration stance on frontline workers proves controversial
Lewis Silkin
  • Employment & Immigration
  • United Kingdom
  • 03 June 2020

The Home Office recently published an expanded list of COVID-19 frontline workers' occupations entitling them and their family members to a free and automatic one-year extension of leave. The expanded list includes biochemists, midwives and paramedics. Controversially, other frontline health and social care workers – in particular, care workers and home carers – have been excluded from the extension arrangements.