When the UK left the European Union on 31 December 2020, it marked the end of free movement of EU nationals to live, work and study in the UK without prior permission. As a consequence, in order to treat both EU and non-EU nationals equally for immigration purposes, a new UK immigration system has been implemented which applies to all non-UK nationals entering the UK.
Under the Skilled Worker route, which includes the Health and Care Worker route launched in August 2020, qualified doctors, nurses and other health and adult social care professionals who wish to undertake an eligible job with the NHS, an NHS supplier or in adult social care can apply for a Health and Care visa if they meet the requirements of the route.
These changes significantly impact the way in which NHS Trusts and Health and Care organisations recruit foreign nationals. Employers need to understand the changes in anticipation of the impact on their workforce and to avoid delays be familiar with the immigration legislation and Home Office guidance to ensure compliance.
Failure to do so can result in sanctions or penalties which can severely impact an organisation’s reputation as well as its ability to hire foreign nationals.
We have set out over the following pages how we can assist in these areas to give an overview of some, but not all, of the work we do in the Health and Care sector. We would be delighted to discuss additional services required to see how we may be able to help.
Advising an NHS trust on the prevention of illegal working and the fair dismissal of an illegal worker, leading to their successfully passing a UKVI audit.
Providing training to a foundation trust on recent immigration changes and their obligations on the prevention of illegal working.
Providing advice to a UK subsidiary of a US-based company on how to secure visas for a number of its senior executives transferring from the US to the UK; We also provided advice on compliance with licence obligations, including changes to personnel on the sponsorship management system, as well as providing urgent support on UKBA Compliance and document checking, resulting in a successful UKBA audit .
We worked with an NHS Trust dealing with a sensitive grievance and concerns raised by a member of staff under the Freedom to Speak Up route. We have worked closely with the Trust in identifying suitable commissioning managers to oversee the investigation process ensuring that a suitably independent and trained investigator was appointed and also assisted with drafting complex Terms of Reference for the process to undertake the investigation.
Our significant experience in this area has allowed us to provide both a legal and regulatory perspective which ensured that the Trust responded in accordance with the potential risk of legal action in an Employment Tribunal. From the regulatory perspective, our advice was based on best practice guidance from the National Guardian’s office, relevant codes of practice and key aspects of learning from the recent West Suffolk review for the entire NHS.
Working as part of a much wider health law team, we have been able to offer advice to our client regarding the GDPR and public law issues (defamation, injunction and privacy) alongside HR & employment advice. This has enabled the Trust to have assurance that serious concerns have been looked into and that any appropriate further processes under disciplinary, Dignity at Work or MHPS processes were kept under consideration as part of effective decision making.
"The knowledge of the team as a collective on the different areas of law. Jacqui Atkinson – I have built up a very good client relationship with Jacqui over the years. I find Jacqui very responsive and knowledgeable and she provides her advice pragmatically to fit the situation. I am confident in the advice Jacqui provides and Jacqui is always my go to person when I require legal advice."
The immigration control tools now being used by the UK government which combine high costs, complex application system, salary threshold and exclusion of low skilled worker are having a significant detrimental effect on the business ability of UK based companies to employ EEA staff in the UK.
Whilst the Bill still has to clear the House of Lords, there is a great concern over the impact of the Bill.
Advice for employers carrying out right to work checks has been updated as a result for Covid-19, replacing 18 June 2021 guidance.
One aim of the Innovation Strategy is to generate innovation through new Visa routes - what does this mean for UK businesses?
The new Graduate Visa is now live. The route is available to overseas students who have completed a degree at undergraduate level or above and have a visa as a Student in the UK at the time of application.
How organisations can support their EU national employees with EU Settlement Scheme applications with the ‘grace period’ ending 30 June 2021.
Reminder for employers that 'An employer's guide to right to work checks' has been updated for the end of the grace period on 30 June 2021.
All EU citizens who were not residing in the UK by the end of December 2020 and want to live and work in the UK from 1 January 2021 must apply for a visa as a result of Brexit.
The Home Office have announced that it will end their temporary adjustments to the process of checking an individual’s right to work in the UK on 20 June not 17 May 2021 as initially planned.
The Young Professionals Scheme will make it easier for young Indian citizens and young Britons to access visas.
The Home Office have published a new statement of changes to the Immigration Rules to take effect on 6 April 2021.
Hong Kong’s British National (Overseas) passport holders and their immediate dependants will be able to apply under a bespoke visa route opening from 31 January 2021.
Free movement between the UK and the EU ended on 31 December 2020. Since 1 January 2021, a new points-based immigration system applies to all migrants wanting to come to the UK, whether they are EU citizens or not.
Despite the uncertainty, however, we can help you take some sensible steps now to prepare your workforce for the implications of Brexit.
From 1 January 2021, freedom of movement between the UK and EU will end and the UK will introduce an immigration system that will treat all applicants equally, regardless of where they come from.
On 31 December 2020, free movement of people will cease to operate in the United Kingdom as a new immigration system will be introduced from 1 January 2021 and the government has provided further details of the new system on 13 July 2020.
This month has seen Further Details of the UK’s new Points-Based Immigration System published.
In unprecedented times of self-isolation and social distancing, the Home Office has now published new UK immigration guidance on right to work checks to adjust the rules on manual checking of original documentation and adapt to the new situation.
The UK government has now unveiled its proposed points-based immigration system which will come into operation from 1 January 2021.
To date patients from the EU have been able to benefit from reciprocal healthcare arrangements, including the EHIC, S1, S2 and S3 arrangements, which allow EU and EEA nations to freely access health and social care services in other member nations as if they are resident.
It was announced on 17 June 2019 that the UK Government will start discussions with 5 new advisory groups in preparation for the new skills-based immigration system that will be introduced following the UK’s departure from the European Union.
When dealing with children with care and immigration issues, both the Family Court and the Immigration Tribunal must act in the child’s best interests.
In this update, we review various aspects of a ‘no deal’ Brexit and the Withdrawal Agreement which organisations in the energy sector should know about.
The Home Office recently announced substantial changes to Tier 1 of the PBS.
The Government has announced that the current exemption from the £30,000 minimum salary threshold for Tier 2 (General) sponsored workers in a number of public service professions has been extended.
The Government has recently provided new guidance for EU nationals coming to the UK in the event of a no-deal Brexit.
Many NHS Trusts have been debating the extent to which settlement fees should be paid to employees and family members. For those still engaged in the debate Theresa May’s announcement on 21 January 2019 that the settlement application fee would be scrapped will have been welcome news.
We have set out below a summary of the main duties and responsibilities that you will have to the Home Office, once you have successfully obtained your Licence to Sponsor.
In April 2018 a Right to Work Checking Service was launched to allow individuals to demonstrate their right to work in the UK. Individuals are currently able to review their right to work record online and share a code with their employer to allow them to gain access to the record.
Non-EEA or Swiss nationals must score a specified number of points to come and work, set up business, or study in the UK.
The following is an extract from the current UK Immigration Rules and outlines which activities are permitted whilst in the UK on a business visit for the most common types of visits that we come across.
Section 54 of the Modern Slavery Act 2015 now requires any commercial organisation which supplies goods or services in the UK and has an annual turnover of £36m or more to publish an annual slavery and human trafficking statement.
Introduced in October 2015, the Modern Slavery Act (MSA) is a landmark move toward tackling illegal exploitation within the UK.