Mr Andrew Osborne

Andrew Osborne

Updates

Employment & Immigration

Immigration Rules confirmed for Hong Kong British National (Overseas) citizens
United Kingdom | 25 November 2020

From 31 January 2021 two new immigration routes will be introduced for British National (Overseas) (BN(O)) citizens and their adult children who were born on or after 1 July 1997. These two routes are BN(O) status holder and BN(O) household member. The Home Office recently published the detailed Immigration Rules for these routes, which this article summarises.

Q&A on new immigration system
United Kingdom | 18 November 2020

Employers have lots of questions regarding the new immigration system that will apply in 2021, particularly with regard to the Skilled Worker visa, which will replace Tier 2 (General) from 1 January 2021. This Q&A – based on questions asked by attendees to a recent webinar – answers employers' main questions.

MAC commissioned to report on intra-company transfers
United Kingdom | 11 November 2020

The Migration Advisory Committee (MAC) has accepted a commission from the home secretary to review intra-company transfer visa arrangements. The MAC has also been asked to consider what provision could be made to allow overseas businesses to send a team rather than one individual to establish a UK branch or subsidiary, or carry out a secondment to work on a high-value goods or services contract. The report is due by the end of October 2021, with a revised route likely becoming available in 2022.

Six pitfalls to avoid with EU Settlement Scheme
United Kingdom | 04 November 2020

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.

Home Office publishes Immigration Rules for new immigration system
United Kingdom | 28 October 2020

The Statement of Changes in Immigration Rules HC 813 was recently published. This key document outlines the features of the government's points-based immigration system and simplifies the language and structure of some areas of the Immigration Rules. The new system will apply to EEA and Swiss nationals, aside from Irish nationals. This article highlights some of the changes that are likely to be of most interest to employers.

Global Talent visas for digital technology applicants: factsheet
United Kingdom | 21 October 2020

The Global Talent visa route is designed for individuals who are recognised or emerging leaders in digital technology and wish to work in the United Kingdom. Successful applicants will be granted up to five years' leave in the United Kingdom and can apply to extend their visa as many times as they like. This article outlines the criteria for endorsement used to assess whether an applicant qualifies as either a recognised or an emerging leader.

MAC publishes report recommending expanded shortage occupation lists
United Kingdom | 14 October 2020

The Migration Advisory Committee has recommended a significant expansion of the occupations deemed to be in shortage for the purposes of sponsorship under the new skilled worker category, which will replace Tier 2 (General) from 1 January 2021. The Home Office will now need to consider the recommendations and finalise the Immigration Rules for skilled workers.

Countdown to new 2021 immigration system and Brexit – are you ready?
United Kingdom | 07 October 2020

From 1 January 2021 there will be a new immigration system in the United Kingdom. Due to free movement ending, the new system will apply to EEA and Swiss nationals as well as non-EEA nationals. Employers must start to prepare for this change now. This article provides a timeline which outlines the areas that employers must consider and suggests timeframes for taking action.

New Immigration Rules for students give employers insight into what's to come for workers
United Kingdom | 30 September 2020

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.

ICIBI calls for evidence on UKVI's commercial partners' performance
United Kingdom | 23 September 2020

Employers and other stakeholders have until 1 October 2020 to provide the Independent Chief Inspector of Borders and Immigration (ICIBI) with views on how well the commercial partners of UK Visas and Immigration are performing, for applications made both in the United Kingdom and abroad. The ICIBI is seeking evidence from stakeholders on whether commercial partners are meeting the needs of UK visa applicants.

Innovator visa: everything you need to know
United Kingdom | 16 September 2020

This article outlines everything that applicants should know regarding the Innovator visa, including with regard to the purpose and length of stay, endorsing bodies, endorsement criteria and genuineness and other considerations. The innovator route is open to applicants who are experienced businesspeople looking to establish a business in the United Kingdom and are the founders of their business, relying on their own business plans, among other things.

Start-up visa: everything you need to know
United Kingdom | 09 September 2020

This article outlines everything that applicants should know regarding the requirements for the Start-up visa, including with regard to the purpose and length of stay, endorsing bodies, endorsement criteria and genuineness and other considerations. The start-up route is open to applicants who are looking to establish a business in the United Kingdom for the first time and are the founders of their business, relying on their own business plans, among other things.

UK immigration strategies for EEA business travellers and workers from 2021
United Kingdom | 02 September 2020

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.

Home Office issues communications to sponsors regarding licence renewals
United Kingdom | 26 August 2020

The Home Office has started to make early contact with sponsors whose licences are due to expire before the end of 2020. These sponsors will be able to apply to renew their licences earlier than the usual maximum 90 days before expiry. This should help to avoid delays at the end of 2020 when thousands of licences are up for renewal at the same time as European free movement ends for UK citizens.

Home Office confirms COVID-19 immigration arrangements beyond 31 July 2020
United Kingdom | 12 August 2020

In a last-minute update on 29 July 2020, the Home Office pivoted towards a return to business as usual regarding immigration policy. Some significant concessions remain available until at least 31 August 2020; however, there are a number of potential pitfalls of which employers and individuals should be aware.

Home Office publishes COVID-19 minimum income policy for family visa route applicants
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.

New Health and Care visa to launch on 4 August 2020
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.

Home Office provides consolidated details of new immigration system
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.

Updated guide to immigration implications of COVID-19 for employers
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.

UK immigration beyond lockdown
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.

New quarantine rules cause confusion for cross-border workers
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.

MAC launches six-week call for evidence on shortage occupations
United Kingdom | 27 May 2020

Employers have until 24 June 2020 to provide their views to the Migration Advisory Committee (MAC) on what occupations should be on the shortage occupation lists for UK sponsored skilled migration from 1 January 2021. Employers can complete an online form outlining details of what occupations they have difficulty recruiting for and why. In light of the COVID-19 outbreak, the MAC would also like to hear from employers that are unable to respond before the deadline, but can provide details for future research.

Pandemic right to work checks procedures
United Kingdom | 20 May 2020

Under the Home Office's current guidance for right to work (RTW) checks, it is possible to conduct a fully compliant initial or follow-up RTW check without seeing an individual face to face. Where this is impossible during the COVID-19 pandemic, the Home Office has instituted a temporary adjusted procedure, which must be backed up by retrospective checks in due course. This article summarises the options and procedures and highlights some general points to be aware of during the pandemic.

Guide to immigration implications of COVID-19 for employers
United Kingdom | 06 May 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.

UK employment rights in a no-deal Brexit
United Kingdom | 28 August 2019

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.