+44(0)1344 624016

Immigration News - May update

 

Working in the UK

 

Updated guidance on sponsoring migrant workers under Tier 2 or 5

UK Visas and Immigration (UKVI) have published updated guidance to employers on applying for a Tier 2 or 5 sponsor licence, and sponsoring migrant workers.

The specific dates of the limit have been removed in paragraph 29.9 and 29.27. Minor errors in paragraphs 29.23, 29.26 and 29.27 have been corrected, as well as an error on Annex 8.

You can view the updated guidance here.

https://www.gov.uk/government/publications/sponsor-a-tier-2-or-5-worker-guidance-for-employers

 

Restricted Certificates of Sponsorship (RCoS)

UKVI have published the allocations of restricted CoS for April 2018.

All valid applications received by 5thApril were successful if they scored at least 46 points. A total of 2,168 restricted certificates were granted in April.

The total number of certificates available for allocation in May 2018 is 1975.

Further information can be viewed here.

Please do not hesitate to contact us on 01344 624016 or at enquiries@veristat.co.ukfor advice or guidance in respect of any aspect of Tier 2 sponsorship or the recruitment of migrant workers.

https://www.gov.uk/government/publications/employer-sponsorship-restricted-certificate-allocations

 

Updated BRP checking service – employers/job applicants

UKVI have made changes to their BRP Checking service, which allows an employer to check details of a job applicant’s right to work in the UK, including:

  • the types of work they’re allowed to do
  • how long they can work in the UK for, if there’s a time limit

To use this service, the applicant must have a biometric residence permit (BRP). The applicant will also need to give permission for the prospective employer to check their details.

If permission is granted, the employer will be sent a 4-digit security code by email.

To give permission to share details of right to work in the UK with your prospective employer, the job applicant needs to go to https://www.gov.uk/prove-right-to-work

If you have been given permission by a job applicant to view their right to work details, and have been sent the security code, you should go to https://www.gov.uk/view-right-to-work and enter the BRP number and the 4-digit security code you have been emailed.

Please note that the employer must still conduct a right to work check in person, by obtaining, checking and copying the appropriate documents, as well as recording when the check was done.

https://www.gov.uk/prove-right-to-work

https://www.gov.uk/view-right-to-work

  

Undocumented Commonwealth citizens

The Home Office has published guidance to employers on right to work checks on undocumented Commonwealth citizens.

If a job applicant has lived in the UK permanently since before 1973 and has not been abroad for long periods in the last 30 years, they have the legal right to live and work in the UK.

If a job applicant came to the UK after 1 January 1973 but before 1988, then they might not have an automatic right to be here, but they may be allowed to stay here permanently and they do have the right to work.

You must check with the Home Office if an applicant is a Commonwealth citizen but does not have the right documents, as they may still have the right to work in the UK.

Further information can be viewed here.

Guidance has also been issued to landlords in relation to conducting right to rent checks, which can be downloaded here.

https://www.gov.uk/government/publications/undocumented-commonwealth-citizens-resident-in-the-uk/guidance-for-employers-conducting-right-to-work-checks-on-undocumented-commonwealth-citizens

 

Tier 1 (Graduate Entrepreneur) – updated list of endorsing bodies

An updated list of the educational institutions that can endorse graduates applying under Tier 1 (Graduate Entrepreneur) has been updated by UKVI.

The updated list can be downloaded here.

https://www.gov.uk/government/publications/endorsing-bodies-tier-1-graduate-entrepreneur

  

Offshore wind workers: Immigration Rules concession 2017

UKVI have published guidance to employers about the concession for workers joining a construction vessel operating in UK territorial waters.

This allows the employment of non-European Economic Area (EEA) nationals who are joining vessels engaged in the construction and maintenance of offshore wind projects in UK territorial waters.

The guidance can be downloaded here. This concession will expire after 21 April 2019.

https://www.gov.uk/government/publications/offshore-wind-workers-immigration-rules-concession-2017

 

Other Immigration News

Free citizenship for the Windrush generation

The Home Secretary has confirmed that a compensation scheme will be set up for individuals who have suffered loss or damage because of their inability to evidence their right to be in the UK and to access services.

A new customer contact centre will be set up to make sure that anyone struggling to navigate the many different immigration routes can speak to a person and get appropriate advice.

Further information can be viewed here. The Home Secretary’s statement on the Windrush generation can be viewed here.

https://www.gov.uk/government/news/free-citizenship-for-the-windrush-generation

 

Application for a registration certificate or residence card for a family member of an EEA national

UKVI have published an updated application form for family members of an EEA national who wish to apply for a registration certificate (EEA nationals) or residence card (non-EEA national), as confirmation of their right of residence in the UK.

The updated form can be downloaded here.

https://www.gov.uk/government/publications/apply-for-a-registration-certificate-or-residence-card-for-a-family-member-form-eea-fm

 

Future management of the Gatwick Immigration Removal Centres

The contract for the management of Brook House and Tinsley House, which was due to expire this month, was put for tender in November 2016. However, it has been decided that G4S would continue with the contract for a further two years to allow for the review of 2 significant reports on immigration detention before a new procurement begins.

Further information can be viewed here.

https://www.gov.uk/government/news/future-management-of-the-gatwick-immigration-removal-centres

 

Good character: nationality policy guidance

The guidance on assessing the good character requirement in nationality applications has been updated by UKVI.

The updated guidance can be viewed here.

https://www.gov.uk/government/publications/good-character-nationality-policy-guidance

 

Veristat Service

 

Training for employers and education providers

We provide bespoke training on all aspects of immigration matters, including Right to Work, Tier 2 sponsorship, Tier 4 sponsorship, and identification of fraudulent documents.

These training sessions are conducted on the client’s premises for a standard half-day rate for up to 12 persons per session.

If you think your organisation would benefit from training in any of these areas, please contact us for a quote by emailing us at  enquiries@veristat.co.uk. If you would like to discuss the contents of our training packages or require a bespoke training package to be delivered please contact us by telephone on 01344 624016 or email us as above.

 

Audits and Inspections

Veristat is hugely experienced at providing compliance audits across all immigration tiers. We have worked with hundreds of employers, ranging from small family businesses to multi-nationals, high street retailers and professional sports clubs. In the education sector, we have also worked with over 30 universities and a significant number of colleges and schools.

Our audit/inspection service is fully flexible and can be tailored to individual requirements, and is based on sound practical experience of UKVI’s policies, culture and approach.

  • For employers, we offer on-site Tier 2 compliance inspections (with staff aware or unaware to simulate a surprise UKVI visit). We also offer right to work compliance visits.
  • For education providers, our service ranges from a “lite” health-check to a comprehensive review of Tier 4 activities, assessing compliance with UKVI requirements and sharing best practice. We also offer targeted inspections covering specific issues, such as BCA, Tier 2 compliance, policies, student unions, relationships with partner institutions, etc.

On completion, we provide a comprehensive, evidence-based report, together with an assessment of how compliant the business or institution is with UKVI’s requirements. We will support the introduction of change if required and offer a ‘spot check’ follow up service at a later date if required to reassure management that recommendations have been implemented.

If you’re interested in booking an audit/inspection, please call us on 01344 624016 or email us at enquiries@veristat.co.uk.

 

File Inspection Days

If you’re unsure whether you require a full compliance audit or specific training but would like an independent check of your files to ensure they are fully compliant with Home Office requirements, we can provide a UKVI file compliance inspection of either your staff or student files.

Depending on the number of employees/students you have, we would either check all files or an agreed sample. After the inspection has taken place, we would provide a written report outlining any risks, feedback and recommendations.

For further information or a quote for our file inspection days, please call us on 01344 624016 or email us at enquiries@veristat.co.uk.

 

Presentations for European nationals (Brexit)

We provide sessions targeted at European nationals currently living and working in the UK. We can come to your premises and speak directly to your EU/EEA and Swiss employees, outlining their position now, and the likely situation they may find themselves in following Brexit. These practical sessions are designed to clarify the situation and more importantly their options moving forwards.

If you’re interested in booking a session for the European nationals working for you, please call us on 01344 624016 or email us at enquiries@veristat.co.uk.

 

 

If you or a colleague would like to receive this update by email every month, please click on the 'Receive our monthly immigration update' below.

 

Immigration News

Take the stress out of immigration

Contact us today to arrange a consultation or for a question

VERISTAT Immigration Consultancy Working with you to comply with immigration law
© Top picture by 1000 Words; LONDON, UK - NOV 18, 2015: Air travelers queue at border passport control entrance gates at Heathrow Airport. The British aviation hub is the busiest in the European Union by passenger traffic. Royalty-free stock photo ID: 372644803