Working in the UK
Right to Work checks
UK Visas and Immigration (UKVI) have updated their guidance for employers on conducting right to work checks.
The following amendments have been made:
- If the Residence Card, Permanent Residence Card, Accession Residence Card or Derivative Residence Card held by a non-EEA national is endorsed on a non-EEA migrant's passport, that passport may be current or expired. However, the Residence Card, Permanent Residence Card, Accession Residence Card or Derivative Residence Card must be current and checks must be made by the employer to ensure both documents belong to the worker.
- Further clarification of the work placement rules for international students has been provided. A Tier 4 student is only permitted to undertake a work placement when it is an integral and assessed part of their course. A work placement is separate from any employment that a student may be permitted to undertake while they are following a course of study.
- The guidance has also been updated in respect of Transfer of Undertakings (Protection of Employment) (TUPE) transfers and changes to the constitution of corporate employers. An explanation is provided as to why a transferee under a TUPE transfer should perform the check. It is also confirmed that a check is not necessary when there is only a change in the legal constitution of the organisation e.g. from a private limited company to a public limited company.
- The new arrangements for making an enquiry via the Employer Checking Service (ECS) interactive tool have also been added.
You updated guidance can be viewed here.
Illegal working penalties: quarterly totals
UK Visas and Immigration (UKVI) have published their quarterly report showing the total number of fines (civil penalties) for illegal working given to employers in each region of the UK. The report shows that 1,235 penalties (total of £10,288,750) have been issued in England during the period 1 January and 30 June 2014. The quarterly report can be viewed here.
https://www.gov.uk/government/publications/illegal-working-penalties-quarterly-totals
Right to Work checks
UK Visas and Immigration (UKVI) have updated their guidance for employers on conducting right to work checks.
The following amendments have been made:
The following amendments have been made:
- If the Residence Card, Permanent Residence Card, Accession Residence Card or Derivative Residence Card held by a non-EEA national is endorsed on a non-EEA migrant's passport, that passport may be current or expired. However, the Residence Card, Permanent Residence Card, Accession Residence Card or Derivative Residence Card must be current and checks must be made by the employer to ensure both documents belong to the worker.
- Further clarification of the work placement rules for international students has been provided. A Tier 4 student is only permitted to undertake a work placement when it is an integral and assessed part of their course. A work placement is separate from any employment that a student may be permitted to undertake while they are following a course of study.
- The guidance has also been updated in respect of Transfer of Undertakings (Protection of Employment) (TUPE) transfers and changes to the constitution of corporate employers. An explanation is provided as to why a transferee under a TUPE transfer should perform the check. It is also confirmed that a check is not necessary when there is only a change in the legal constitution of the organisation e.g. from a private limited company to a public limited company.
- The new arrangements for making an enquiry via the Employer Checking Service (ECS) interactive tool have also been added.
Illegal working penalties: quarterly totals
UK Visas and Immigration (UKVI) have published their quarterly report showing the total number of fines (civil penalties) for illegal working given to employers in each region of the UK. The report shows that 1,235 penalties (total of £10,288,750) have been issued in England during the period 1 January and 30 June 2014. The quarterly report can be viewed here.
'Right to rent' pilot - update
The 'right to rent' pilot has been rolled out in parts of the West Midlands, including Birmingham, Walsall, Sandwell, Dudley and Wolverhampton.
Private landlords, letting agents and homeowners who let rooms will need to check the right of prospective tenants to be in the country to avoid potentially facing a penalty of up to £3,000.
In the majority of cases, landlords will need to carry out simple checks without the need to contact the Home Office. However, in a limited number of cases, such as when the tenants do not have their documents due to an ongoing Home Office application, landlords can request a check using the 'right to rent' tool.
There is also a helpline for landlords on 0300 069 9799.
'Right to rent' pilot - update
The 'right to rent' pilot has been rolled out in parts of the West Midlands, including Birmingham, Walsall, Sandwell, Dudley and Wolverhampton.
Private landlords, letting agents and homeowners who let rooms will need to check the right of prospective tenants to be in the country to avoid potentially facing a penalty of up to £3,000.
In the majority of cases, landlords will need to carry out simple checks without the need to contact the Home Office. However, in a limited number of cases, such as when the tenants do not have their documents due to an ongoing Home Office application, landlords can request a check using the 'right to rent' tool.
There is also a helpline for landlords on 0300 069 9799.
Private landlords, letting agents and homeowners who let rooms will need to check the right of prospective tenants to be in the country to avoid potentially facing a penalty of up to £3,000.
In the majority of cases, landlords will need to carry out simple checks without the need to contact the Home Office. However, in a limited number of cases, such as when the tenants do not have their documents due to an ongoing Home Office application, landlords can request a check using the 'right to rent' tool.
There is also a helpline for landlords on 0300 069 9799.
Tier 1 (Entrepreneur) - updated modernised guidance
UK Visas and Immigration (UKVI) have updated their modernised guidance on how they consider applications in the Tier 1 (Entrepreneur) category of the points-based system (PBS). The revised guidance can be viewed here.
Tier 1 (Entrepreneur) - updated modernised guidance
UK Visas and Immigration (UKVI) have updated their modernised guidance on how they consider applications in the Tier 1 (Entrepreneur) category of the points-based system (PBS). The revised guidance can be viewed here.
EU migration
The new president of the European Commission, Jean-Claude Juncker, has reportedly warned the UK not to treat EU migrants as criminals, as they are "earning their wages".
During a debate on Austrian TV, My Juncker, said he wanted Britain to remain an active member of the EU but suggested that the effects of curbing free movement could have a negative impact on the City of London.
http://www.bbc.co.uk/news/uk-politics-30456785
EU migration
The new president of the European Commission, Jean-Claude Juncker, has reportedly warned the UK not to treat EU migrants as criminals, as they are "earning their wages".
During a debate on Austrian TV, My Juncker, said he wanted Britain to remain an active member of the EU but suggested that the effects of curbing free movement could have a negative impact on the City of London.