Immigration services for healthcare
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.
Overview of services
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.
- Training on the UK Immigration points-based system to your workforce, recruitment & selection personnel including specific training on Health and Care visa
- Advising and assist with strategic workforce planning on recruitment of foreign nationals for your workforce
- Skilled Worker Sponsor licence applications
- Advice and assistance with meeting your duties as a sponsor under the Skilled Worker, Global Mobility and Temporary Worker categories
- Immigration audit and compliance advice to ensure that you are complying with your sponsor duties and relevant legal requirements
- Requesting and assigning Certificates of Sponsorship
- Work with you to ensure HR processes and procedures are sufficiently robust and licence holders aware of their compliance duties
- Ongoing sponsor licence support to ensure you comply with your sponsor duties
NHS trust illegal worker
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.
Foundation trust immigration training
Providing training to a foundation trust on recent immigration changes and their obligations on the prevention of illegal working.
UK subsidiary of US-based company - how to secure visas
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 .
Advice on complex whistleblowing and grievance investigation
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.
Head of Employment Healthcare
Bénédicte Viort de La Batie
"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."
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