The main EU Settlement Scheme deadline is 30 June 2021; however, there are other deadlines and considerations of which applicants and their employers may be unaware. Although it is possible to make a late application, this will be allowed only where the individual can demonstrate reasonable grounds for missing the deadline. This article highlights a selection of issues that relate to the main deadline or will start to have practical implications after 30 June 2021.
The Home Office is launching a new graduate route from 1 July 2021 and is making amendments to the skilled worker route from 6 April 2021, including changes to the shortage occupation list, the eligible occupations, the salary calculation rules and the compliance requirements where a salary is reduced. This article discusses the implications of the main changes and flags the changes that will most likely be of interest to employers.
Chancellor of the Exchequer Rishi Sunak recently presented the Spring Budget 2021 and announced a range of immigration measures designed to help highly skilled and skilled international talent come to the United Kingdom to support business growth, particularly for scale-up businesses, innovative businesses and intra-company transfers. The measures also aim to contribute to the advancement of key industry sectors such as academia, science, research and technology.
From 15 February 2021, international arrivals to England must quarantine in a government-managed hotel if, within the 10 days before their arrival, they have been in or transited a country to which a travel ban applies. Additional post-arrival COVID-19 testing has been mandated from the same date. A raft of penalties will also apply for non-compliance.
Since the beginning of 2021, the government has implemented a raft of additional travel and entry measures to minimise the spread of new COVID-19 variants in the United Kingdom, including pre-departure COVID-19 testing, travel bans, the suspension of travel corridor arrangements and the requirement that visits to the United Kingdom be for an essential purpose. This article outlines the recent developments for travel to England.
With the end of the Brexit implementation period comes the end of the free movement of persons. This is the case irrespective of the fact that the United Kingdom has secured a trade deal with the European Union. Employers and individuals must digest what the new immigration rules look like, both for EEA and Swiss nationals (aside from Irish nationals) wishing to come to the United Kingdom and British nationals wishing to go to the continent.
On 10 December 2020 the United Kingdom opened up a process for EEA nationals to apply for a frontier worker permit. This will allow some cross-border commuters who work in the United Kingdom but live abroad to continue their working pattern after the end of the Brexit transition period.
The Immigration and Social Security Coordination (EU Withdrawal) Act 2020 recently received royal assent. The act provides the legislative basis for ending EU free movement arrangements in the United Kingdom after the end of the transition period and recognising the immigration status of Irish citizens in the United Kingdom.
Despite the EU Settlement Scheme being publicised as simple and straightforward, there are many potential pitfalls for the unwary, particularly when the circumstances of the COVID-19 pandemic are factored in. To avoid them, individuals must be aware of the scheme and get to grips with it before the end of 2020. This article sets out some of the potential pitfalls and suggestions for how to avoid them.
The Home Office recently published new Immigration Rules for students. The rules provide the first glimpse of the new points-based immigration system and highlight what some of its implications will be, not only for students, but also for employers and workers. While the new rules for work routes will not be published until later in Autumn 2020, the new rules for students provide some significant pointers on the Home Office's general thinking and flag some areas in which further policy clarifications will be needed.
EEA nationals and their employers are now turning their minds towards how frequent business and work travellers and cross-border commuters can continue to come to the United Kingdom from 2021. For some, the best solution may be offered by the EU Settlement Scheme, but there are also other options to consider.
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.
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.
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.
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.
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.
What might a no-deal Brexit mean for UK employment rights? What could employers do now to prepare? And what might the future hold in a no-deal scenario? Prime Minister Boris Johnson is clear that he would be prepared to leave the European Union without a deal if necessary and the current legislation commits the United Kingdom to leaving the European Union at 11:00pm on 31 October 2019. Thus, it seems like a good time to revisit the employment law implications of a no-deal Brexit for employers.