On 21/12/2022 the High Court has handed down incredibly helpful judgement for EU Pre-Settled status holders. The relevant case is: R (Independent Monitoring Authority for the Citizens’ Rights Agreements) v Secretary of State for the Home Department [2022] EWHC 3274 (Admin). This judicial review case was brought by the Independent Monitoring Authority (IMA) and supported by the European Commission and by the3million Ltd. The IMA is the post-Brexit citizens’ rights watchdog established…
Read MoreRight to Work Employer Checking Service – Positive Verification Check
Employer Checking Service and Home Office Verification Check: Employers and HR professionals who carry out and monitor employment Right to Work Checks are likely to come across the Employer Checking Service (ECS) – Verification Checks procedure. The Right to Work Checks and Employer Checking Service (ECS) procedure were introduced by Home Office for employers to comply with the law on preventing illegal working. The relevant law is set out in…
Read MoreSkilled Worker & other sponsored visas – salary payment, unpaid leave, salary reductions
Payment of salary for sponsored workers including Skilled Worker and GBM First key point to note: Salary for Skilled Workers and other sponsored workers may be paid in the UK or abroad. Where the worker will be paid from abroad in a currency other than pounds sterling, the salary entered on the CoS must be based on the exchange rate for the relevant currency on the day the CoS is…
Read MoreCan work start date be delayed for Skilled Worker visa – helpful changes to the 28 days rule
In June 2022 we published an article about the troublesome ‘28 days rule’ requiring migrant Skilled Workers to start work in the UK within 28 days of whichever was later: the date their visa was granted, the start date stated on their visa or the work start date stated on their COS. There was only one exception to this rule, allowing delay beyond the 28 days when migrant worker had…
Read MoreSponsor licence rejected or refused – what to do and how to apply again
Sponsor licence rejected or refused – what to do next and can you apply again You submitted your sponsor licence application but a good few weeks later (usually within about 6-8 weeks) you receive a notification from Home Office that your application is rejected or refused. If you find yourself in such circumstances then this article may assist you in understanding what the rejection or refusal means for you in…
Read MoreUK Immigration update: Home Office New Plan for Immigration
We know how complex and difficult it is to navigate the UK immigration rules and procedures, not only for the applicants but also for the immigration practitioners. On top of their complexity the rules are also constantly changing. We publish our blogs to address the updates and important immigration topics. In July 2022, the Home Office published ‘New Plan for Immigration: legal migration and border control strategy’ https://www.gov.uk/government/publications/new-plan-for-immigration-legal-migration-and-border-control-strategy. This relatively…
Read MoreComprehensive Sickness Insurance (CSI) no longer a problem for British citizenship application
In our blog in early February 2022 we outlined how lack of Comprehensive Sickness Insurance (CSI) could cause problems for certain categories of EU nationals and their family members when applying for Naturalisation (British citizenship). We are glad to now provide an update that the new Home Office guidance published in late June 2022 no longer requires comprehensive sickness insurance for Naturalisation applications to prove lawful residence. Lawful Residence and…
Read MoreCan I set up my own business in the UK and employ myself on Skilled Worker visa
Is there a limit on share % ownership for Skilled Worker sponsor licence and work visa Some foreign nationals may wish to set up a business in the UK in order to obtain Skilled Worker sponsor licence and employ themselves on the Skilled Worker visa at their own UK company. Under the old Tier 2 General visa regime there was 10% limit on the share ownership in the business to…
Read MoreSkilled Worker sponsor licence and visa – all you need to know
Steps and requirements for Skilled Worker sponsor licence and Skilled Worker visa Skilled Worker sponsor licence is a highly beneficial asset to UK businesses due to shortages of local skilled workers in the UK. With the sponsor licence, UK business can employ foreign skilled workers from any country in the world. There are some key requirements and steps that businesses need to follow when applying for the Skilled Worker sponsor…
Read MoreSkilled Worker visa – rules on minimum salary
What can be included in Skilled Worker’s minimum salary On 1/12/2020 the Skilled Worker visa replaced the Tier 2 General visa regime. The rules on what can be included in the minimum salary for Skilled Worker visa are different to what could be counted towards minimum pay for the Tier 2 General visa. To start with, the minimum pay for Skilled Worker has to be the highest of the following:…
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