Mr Stephen O'Flaherty

Stephen O'Flaherty

Updates

Employment & Immigration

Key immigration action points for employers in 2021
United Kingdom | 03 February 2021

Free movement between the United Kingdom and the European Economic Area and Switzerland has ended and has been replaced in the United Kingdom by the domestic immigration system, including the new points-based immigration system. EEA and Swiss nationals (excluding Irish nationals) who want to work in the United Kingdom now need some form of visa permission, depending on when they arrived in the country. This change has significant implications for UK employers.

Home Office issues new guidance for sponsors
United Kingdom | 02 December 2020

The Home Office has issued new guidance for sponsors which replaces the Tier 2 and Tier 5 sponsor guidance. It covers the skilled worker, intra-company transfer and temporary worker routes and aims to provide information on sponsorship when these routes are launched from 1 December 2020.

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.

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.

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.

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.

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.

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.

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.

Government plans to go ahead with reformed points-based immigration system despite COVID-19
United Kingdom | 29 April 2020

The Home Office has released an update for employers on the new points-based immigration system due to take effect from January 2021. Despite the disruption caused by COVID-19, the Home Office still intends to go ahead with the new immigration system within the timeframe outlined in its policy statement released on 19 February 2020. What does this mean for UK employers?