This article comes from Immigration lawyer, Jay Moghal. As we head towards the end of the transitional period and the UK leaving the EU on 31 December 2020, we explore what this means for businesses and recruitment of overseas workers. From January 2021 any new arrivals from the EU will have to apply for sponsorship…
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What do we already know? We have updated you in previous Newsletters (see here) that when the UK leaves the EU, with or without a deal, free movement of people will be allowed to continue for a transitional period from the exit date for approximately two years. EU citizens and family members who want to…
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Summary: Can an employer rely on a breach of the immigration rules to argue that an employment contract is unenforceable in claims by employees? No held the Court of Appeal in Okedina v Chikale available here. Facts: Miss Chikale was a Malawi national who was initially employed by Mrs Okedina in Malawi in 2010. Miss…
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What do we already know? When the UK leaves the EU, with or without a deal, free movement of people will be allowed to continue for a transitional period from the exit date for approximately two years. EU citizens and family members who want to continue to live and work in the UK beyond 30…
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The Home Office has published guidance on: 1. EU Settlement Scheme The guidance (available here), provides information on the documents necessary to prove a person’s relationship to an EU citizen, submitting evidence of the EU citizen’s identity and nationality, as well as evidence of the EU citizen’s continuous residence in the UK. The guidance explains…
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1. Home office employers toolkit The Home Office has published an employer toolkit (available here) which provides information for employers to be able to support EU citizens and their families when applying to the EU settlement scheme during the public test phase. The toolkit includes a leaflet, poster and briefing pack in order to ensure…
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1. POST-BREXIT IMMIGRATION POLICY The Home Office has published the White Paper on its post-Brexit immigration policy, available here.  The White Paper sets out the proposed immigration regime that would apply from 1 January 2021, whether the UK leaves the EU with a deal or no deal. The starting point is that EU free movement…
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Home Office Statement of Intent In June 2018, the Home Office published a statement of intent (available here) about how EU citizens and their families can apply for ‘settled status’ in the UK under the new EU Settlement Scheme. EU citizens or a non-EU family member of an EU citizen who have been resident in the…
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Summary:  Is it fair to refuse to give a right of appeal against dismissal, where the employer has reasonably (but mistakenly) reached the conclusion that an employee has no right to work in the UK? No, says the EAT in Afzal v East London Pizza Ltd t/a Dominos Pizza, available here. Facts:  Mr Afzal, the…
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The Home Office has published an updated version of An Employer’s Guide to Right to Work Checks, available here. The main changes to the guide concern: what to do in relation to a non-EEA national who has been a long-term lawful resident of the UK since before 1988, and does not possess acceptable right to…
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