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JULY 2018

Welcome to the July 2018 edition of the immigration update - an e-bulletin providing an update on key immigration issues for employers.

Status of EU citizens in the UK: new details of settled status scheme revealed

Further details have recently been published regarding the rights of EU citizens and their family members after Brexit, including details about the process for applying for settled or pre-settled status.  Broadly, EU citizens and their family members who arrive in the UK by the end of the transition period (i.e. by 31 December 2020) must ensure that they apply for settled or pre-settled status by no later than 30 June 2021.  If they fail to apply by then they will be in the UK unlawfully.  This is the case even if they currently have permanent residence. Read more

Restricted COS crunch- some good news at last

It has been far more difficult in recent months for UK businesses to recruit non-EEA nationals. This is because, for the 7th consecutive month, the quota on the number of people who can be sponsored by their employers for skilled roles requiring a restricted certificate of sponsorship was reached in June 2018. However, from July 2018, nurses and doctors will no longer be included within the quota, freeing up certificates for employers to use. Read more

Right of appeal should be given to employees who fail to demonstrate their continued right to work

In Afzal v East London Pizza Ltd t/a Dominos Pizza the Employment Appeal Tribunal confirmed that, where an employee was dismissed after he failed to provide evidence that he still had the right to work in the UK, the employee should be given the right to appeal against that dismissal. This would allow an opportunity for the employee to prove that an extension application had in fact been made before his leave expired and that he therefore had the right to work in the UK. If this was shown, the employer should then re-instate him with continuity of employment. Read more

Are you doing all you can to avoid a civil penalty?

Recent guidance from the Home Office shows civil penalties for illegal working totalling over £11 million were issued to businesses in just one quarter last year.  How do you get a civil penalty and how can they be avoided? Read more


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