HR Articles

There has been a tornado of confusion in the build up to Brexit for employers. Adding to this confusion is the question whether there will be any changes to right to work checks for EU nationals pre and post Brexit? In short, the answer is that there will be no significant changes until 1 January 2021, when the new skills-based immigration system will be implemented.

The Prime Minister, Boris Johnson, has announced on Facebook live yesterday that he intends on changing Immigration Rules to fast-track foreign scientists to the UK. In his announcement he also mentioned removing the 2000-cap on the current Tier 1 Exceptional Talent route and widening the number of endorsing bodies.

A visit visa refusal can be frustrating to deal with. In most cases, it can be unexpected and puts your forthcoming holiday or business plans to an immediate halt. It may also cause reputational issues if you were to meet a potential client in the UK.

The Court of Appeal (“CoA”) decision in Harper Trust v Brazel reiterates the risks to employers who apply a loose and general Working Time Regulations (“WTR”) and ACAS affiliated holiday pay calculation for part-time workers.

If you are a non-EEA national and wish to study in the UK, then you can do so through the Tier 4 visa route. If you are applying from outside of the UK, then here is a quick checklist of documents required for the application.

Tier 2 Sponsors are bound by various sponsorship duties, and one of the most important ones is offering a genuine vacancy for a job role. A failure to provide a genuine vacancy can lead to the downgrading, suspension or revocation of an employer’s sponsor licence. For the migrant applicant, this could mean a refusal of their Tier 2 visa.

Employers have an ongoing duty to keep sufficient national minimum wage records to demonstrate their compliance with the law.

In case you missed our article last week, earlier this year the government ran a consultation on how and whether to extend the redundancy protection for pregnant women and new parents

If you are a non-EEA or Swiss family member of an EU national and have been granted an EU Settlement Scheme Family Permit to enter the UK, then you will need to apply under the EU Settlement Scheme to continue residing in the UK after the expiry of your permit.

The Home Office has issued a further urgent Addendum to the Tier 2 policy guidance today. This follows their earlier addendum of 17 July 2019 to the Tier 2 &5 Sponsor Guidance. This addendum provides urgent corrections to the minimum salary thresholds to some SOC codes.