Working in the UK
Right to work checks - updated guidance for employers
The Home Office (UKVI) has updated its guidance to employers on right to work checks.
The key changes were as follows:
- Application Registration Cards (ARC) are now issued as biometric documents containing an expiry date - the earlier version of the ARC is no longer being issued but the cards already in circulation will continue to be valid until 2019.
- The 'Additional information' section (page 37) has been updated to include some examples of alternative evidence that can be provided by a non-EEA family member (direct or derivative). However, it is important to note that if such alternative evidence is accepted by the employer it will not establish a statutory excuse against a penalty should the individual be found to be working illegally.
- Advice in respect of voluntary work and being a volunteer has been added to the guidance (pages 38-39).
- Information has been added to the guidance about illegal working measures introduced by the Immigration Act 2016: closure notices and compliance orders, and immigration checks in the licensing regimes for taxis and private hire vehicles, and alcohol and late-night refreshment.
- The additional information to be obtained from international students (page 19) has been amended to reflect that an employer may face a civil penalty if their Tier 4 student employee exceeds the maximum period they are permitted to work during term time in any given period running from Monday to Sunday.
The updated guidance can be downloaded here.
Tier 5 (Temporary Worker) - updated guidance
The Home Office (UKVI) has updated their guidance on applications for a visa or visa extension under the Tier 5 (Temporary Worker) category.
The updated guidance can be downloaded here.
https://www.gov.uk/government/publications/guidance-on-application-for-uk-visa-under-tier-5-temporary-worker
Migration Statistics Quarterly Report: August 2017 (Working in the UK)
The Office for National Statistics (ONS) has published its Migration Statistics Quarterly Report: August 2017.
The key points in relation to working in the UK are as follows:
- Of those who immigrated to work (275,000) in YE March 2017, the majority had a definite job (188,000) but fewer came to the UK looking for work (down 39,000 to 87,000).
- Work remains the most common reason for international migration.
- The difference in people looking for work was accounted for by EU citizens (down 29,000 to 47,000) in the YE March 2017 (statistically significant).
- EU15 citizens looking for work decreased by 12,000, whilst EU8 and EU2 both saw a decrease of 9,000.
- The estimate of non-EU immigrants arriving to work (72,000) in YE March 2017 was the same as the previous year. Of these, 20,000 (28%) arrived looking for work, which is likely to be accounted for by people granted visas under the Youth Mobility Scheme (Tier 5).
- Most non-EU citizens arriving for work were coming to take skilled jobs. Home Office statistics show that the number of visas granted for longer than 12 months to skilled workers fell by 4,780 (6.6%) to 67,322 in YE June 2017.
- The International Passenger Survey (IPS) shows that an estimated 33,000 British citizens arrived for work reasons. Of these, around half (16,000) arrived looking for work.
- For emigration, work accounted for over half (182,000) of all emigrants in YE March 2017.
- An increase in people emigrating with a definite job was seen across all main citizenship groups.
- In the YE June 2017, the number of sponsored skilled work (Tier 2) visas, including dependants, was 1% lower than the previous year at 93,000.
- Tier 5 Youth Mobility and temporary visas were 4% lower at 42,000.
- In the YE June 2017, in all work categories there were 164,000 work-related visas (including dependants) granted, which was 2% lower than YE June 2016.
- In the YE June 2017, there were 771,000 National Insurance number (NINo) registrations overall, a decrease of 7% on the previous year.
- Latest estimates show there were 3.56 million non-UK nationals in employment in the UK, 199,000 were unemployed and 1.12 million were economically inactive.
The full report can be viewed here.
The full report can be viewed here.
Employer sponsorship: restricted certificate allocations (August 2017)
The Home Office have published a list of the restricted certificates allocated for employer sponsorship in Tier 2 (General) for August 2017.
All valid applications received by 5th August were successful if they scored at least 21 points.
The total number of restricted certificates granted in August was 2,245.
There is a total of 2,140 certificates of sponsorship available for allocation in September 2017.
You can view further information here.
All valid applications received by 5th August were successful if they scored at least 21 points.
The total number of restricted certificates granted in August was 2,245.
There is a total of 2,140 certificates of sponsorship available for allocation in September 2017.
You can view further information here.
https://www.gov.uk/government/publications/employer-sponsorship-restricted-certificate-allocations
Impact of 'UK workers first' proposal
The BBC has reported that the National Farmers' Union have claimed that the "entire food supply chain" could be threatened if there was a 'UK workers first' proposal.
A Home Office document has reportedly been leaked to The Guardian and contains the following ideas:
A Home Office document has reportedly been leaked to The Guardian and contains the following ideas:
- A cap on the number of unskilled workers from the EU
- Introducing a salary and skills threshold
- Preventing EU migrants from job-seeking in the UK
- Ending the right to settle in Britain for most European migrants
- Placing new restrictions on their rights to bring in family members.
http://www.bbc.co.uk/news/uk-politics-41172505
Studying in the UK
Migration Statistics Quarterly Report: August 2017 (Working in the UK)
The Office for National Statistics (ONS) has published its Migration Statistics Quarterly Report: August 2017.
The key points in relation to studying in the UK are as follows:
- Study was the second most common reason for migration.
- Long-term immigration to study (139,000) for all nationalities saw a statistically significant decrease of 27,000 from YE March 2016, reflecting the decrease reported in YE September 2016.
- Immigration to study saw a statistically significant decrease of 27,000 compared with the previous year.
- The majority of those immigrating to study were non-EU citizens (93,000 - down 20,000); however, the comparable number of visas issued over the same period to non-EU students for 12 months or more rose by 5% to 142,128.
- In the YE June 2017, the total number of non-EEA sponsored applications to study at universities in the UK rose by 5% to 170,929 (all visa lengths).
- International Passenger Survey (IPS) data show that, of those whose main reason for long-term immigration was study, the majority (93,000 or 69%) were non-EU citizens.
- The comparable number of visas issued over the year to YE March 2017 to non-EU students for 12 months or more reported by the Home Office rose by 5% to 142,128.
- Home Office visa data shows there was a rise for higher education (to 170,929, up 5%) - within this total, applications to Russell Group universities rose by 9%. It also showed an increase for English Language schools (to 2,940, up 20%) and falls for both the further education sector (to 14,445, down 9%), and independent schools (to 12,895, down 6%).
- More than one-third of non-EU study visas were granted to Chinese students (up by 12,000 or 17% compared with the previous year).
The full report can be viewed here.
- Study was the second most common reason for migration.
- Long-term immigration to study (139,000) for all nationalities saw a statistically significant decrease of 27,000 from YE March 2016, reflecting the decrease reported in YE September 2016.
- Immigration to study saw a statistically significant decrease of 27,000 compared with the previous year.
- The majority of those immigrating to study were non-EU citizens (93,000 - down 20,000); however, the comparable number of visas issued over the same period to non-EU students for 12 months or more rose by 5% to 142,128.
- In the YE June 2017, the total number of non-EEA sponsored applications to study at universities in the UK rose by 5% to 170,929 (all visa lengths).
- International Passenger Survey (IPS) data show that, of those whose main reason for long-term immigration was study, the majority (93,000 or 69%) were non-EU citizens.
- The comparable number of visas issued over the year to YE March 2017 to non-EU students for 12 months or more reported by the Home Office rose by 5% to 142,128.
- Home Office visa data shows there was a rise for higher education (to 170,929, up 5%) - within this total, applications to Russell Group universities rose by 9%. It also showed an increase for English Language schools (to 2,940, up 20%) and falls for both the further education sector (to 14,445, down 9%), and independent schools (to 12,895, down 6%).
- More than one-third of non-EU study visas were granted to Chinese students (up by 12,000 or 17% compared with the previous year).
The full report can be viewed here.
CPC-ONS-UUK Survey of Graduating International Students 2017
The ESRC Centre for Population Change and Universities UK (UUK) have published a joint report on its survey of graduating international students 2017.
The full report can be viewed here.
The full report can be viewed here.
Other immigration news
Update on Brexit
The Brexit negotiations are still ongoing and there will be no change to the status of EU citizens living in the UK whilst the UK remains in the EU.
They have updated the information on the timeline for applications by confirming that at the point the UK leaves the EU, EU citizens will not be required to leave the UK if they don't yet have a document under the new scheme. There will be a 'grace' period of permission to remain in the UK covering all EU citizens and their family members. This will be a fixed period of time that will be confirmed during negotiations.
Further information can be viewed here.
The Brexit negotiations are still ongoing and there will be no change to the status of EU citizens living in the UK whilst the UK remains in the EU.
They have updated the information on the timeline for applications by confirming that at the point the UK leaves the EU, EU citizens will not be required to leave the UK if they don't yet have a document under the new scheme. There will be a 'grace' period of permission to remain in the UK covering all EU citizens and their family members. This will be a fixed period of time that will be confirmed during negotiations.
Further information can be viewed here.
Extended family members of EEA nationals
The 'Consideration and outcome' section (page 28) of the guidance on applications from an extended family member of a EEA or Swiss national has been updated to clarify that 'because of this break of residency he has not met the 5 year qualifying criteria'. In the previous version, this stated 'the 4 year qualifying criteria'.
The updated guidance can be viewed here.
The 'Consideration and outcome' section (page 28) of the guidance on applications from an extended family member of a EEA or Swiss national has been updated to clarify that 'because of this break of residency he has not met the 5 year qualifying criteria'. In the previous version, this stated 'the 4 year qualifying criteria'.
The updated guidance can be viewed here.
Migration Statistics Quarterly Report: August 2017 (Other)
The Office for National Statistics (ONS) has published its Migration Statistics Quarterly Report: August 2017.
Other key points were as follows:
- Net long-term international migration was estimated to be +246,000 in year ending (YE) March 2017, which was a decrease of 81,000 from +327,000 in YE March 2016.
- Immigration was down by 50,000 to 588,000, whereas emigration was up by 31,000 to 342,000.
- More than half of the change in net migration can be accounted for by a decrease in net migration of EU citizens (-51,000), which was driven by an increase (33,000) in emigration of EU citizens (particularly EU8, which was up by 17,000), and a 19,000 decrease in immigration.
- Long-term migration estimates for the YE March 2017 show that 80,000 immigrated and 29,000 emigrated to accompany or join others.
- A total of 51,000 non-British citizens emigrated to return home to live in YE March 2017 (up by 34,000) - these were mostly EU citizens (44,000, up 20,000 from YE March 2016), and half of these were from EU8 countries.
- A total of 16,211 people were granted asylum, resettlement or an alternative form of protection in YE June 2017 - this was a 7% increase from 15,108 in the previous year.
- In 2016, the largest number of applications for asylum came from nationals of Iran (4,184), followed by Pakistan (2,870) and Iraq (2,672).
The full report can be viewed here.
- Net long-term international migration was estimated to be +246,000 in year ending (YE) March 2017, which was a decrease of 81,000 from +327,000 in YE March 2016.
- Immigration was down by 50,000 to 588,000, whereas emigration was up by 31,000 to 342,000.
- More than half of the change in net migration can be accounted for by a decrease in net migration of EU citizens (-51,000), which was driven by an increase (33,000) in emigration of EU citizens (particularly EU8, which was up by 17,000), and a 19,000 decrease in immigration.
- Long-term migration estimates for the YE March 2017 show that 80,000 immigrated and 29,000 emigrated to accompany or join others.
- A total of 51,000 non-British citizens emigrated to return home to live in YE March 2017 (up by 34,000) - these were mostly EU citizens (44,000, up 20,000 from YE March 2016), and half of these were from EU8 countries.
- A total of 16,211 people were granted asylum, resettlement or an alternative form of protection in YE June 2017 - this was a 7% increase from 15,108 in the previous year.
- In 2016, the largest number of applications for asylum came from nationals of Iran (4,184), followed by Pakistan (2,870) and Iraq (2,672).
Home Office's second report on statistics collected under exit checks programme
The Home Office has published its second report on the data collected on travellers departing and arriving in the UK as part of the exit checks programme.
The key findings were as follows:
- 96.3% of the 1.34 million visas granted to non-EEA nationals which expired in 2016/17 (individuals did not obtain a further extension to stay longer) departed in time.
- 0.4% of the 1.34 million departed after their leave had expired.
- 3.3% of the 1.34 million had expired leave but were not initially identified as having departed.
- Ten nationalities together accounted for three quarters (73%) of the visas that expired in 2016/17. For these nationalities, the proportions departing in time were fairly similar, ranging between 94.3% (Chinese) and 98.6% (Saudi Arabian and Thai nationals).
Exit checks is a long-term programme and the data collected from this will continue to be assessed and analysed.
The full report can be viewed here.
- 96.3% of the 1.34 million visas granted to non-EEA nationals which expired in 2016/17 (individuals did not obtain a further extension to stay longer) departed in time.
- 0.4% of the 1.34 million departed after their leave had expired.
- 3.3% of the 1.34 million had expired leave but were not initially identified as having departed.
- Ten nationalities together accounted for three quarters (73%) of the visas that expired in 2016/17. For these nationalities, the proportions departing in time were fairly similar, ranging between 94.3% (Chinese) and 98.6% (Saudi Arabian and Thai nationals).
Exit checks is a long-term programme and the data collected from this will continue to be assessed and analysed.
HR Immigration Services
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 charge of £680 (for up to a maximum of 12 persons attending).
*all prices are subject to VAT
If you think your organisation would benefit from training in any of these areas, please contact us for a no commitment discussion either by telephone on 01344 624016 or by email at enquiries@hrimmigration.co.uk
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 charge of £680 (for up to a maximum of 12 persons attending).
*all prices are subject to VAT
If you think your organisation would benefit from training in any of these areas, please contact us for a no commitment discussion either by telephone on 01344 624016 or by email at enquiries@hrimmigration.co.uk
Audits and Inspections
We are 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, policies, 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@hrimmigration.co.uk
We are 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, policies, 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@hrimmigration.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 take 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@hrimmigration.co.uk
Depending on the number of employees/students you have, we would either check all files or an agreed sample. After the inspection has take 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@hrimmigration.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, outline 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@hrimmigration.co.uk
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@hrimmigration.co.uk
