Category Archives: Immigration

Government Reforms (1):  Brexit – What’s the Deal with No Deal?

brexit
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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Case Update (3): Immigration – Illegal Working and Tribunal Claims

right to work
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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Government Reforms (1):  BREXIT – EU Settlement Scheme

brexit
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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Government Reforms (3): BREXIT – Government Guidance

Brexit
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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Government Reforms (4): BREXIT – the final chapter?

Brexit
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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Government reforms (3): BREXIT – The final chapter?

Brexit
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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Immigration: Post-Brexit – status of EU workers in the UK

Brexit
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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Case update (2): Unfair dismissal – Right to work and to appeal

dismissed
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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Home Office guidance – right to work checks

right to work
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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Newsflash: Post-Brexit – status of EU workers working in the UK

Do you employ EU nationals in the UK? If so, you might be getting queries from employees anxious as to their status following the recent UK decision to leave the EU. In association with our partner in business immigration law, leading immigration expert Natasha Gya Williams, here are some key pieces of advice: Nothing has…
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