Government’s planned increase to the Immigration Health Surcharge
Government’s planned increase to the Immigration Health Surcharge
20 November 2018
UK immigration solicitor, James Vaughan, examines the effects of the Government’s planned increase to the Immigration Health Surcharge in the latest monthly publication from the Immigration Law Practitioners’ Association (ILPA). The increase will have a substantial impact on migrants and employers in most immigration categories, and could swell the cost of hiring essential workers by thousands of pounds.
Read the full article here.
Anastasia Tonello comments on the proposed ban of birthright citizenship in the US
Anastasia Tonello comments on the proposed ban of birthright citizenship in the US
5 November 2018
Managing Partner and Head of US Practice Anastasia Tonello weighs in on the potentially disastrous consequences of the Trump administration’s proposal to end birthright citizenship in the US for illegal immigrants and non-immigrant aliens.
Anastasia reveals the particularly harsh consequences this order would have on over 300,000 highly skilled Indian guestworkers on H-1B visas. The backlog for green card applications from certain populous countries such as India means that children of these highly-skilled migrants may never be considered for legal permanent residency. This will create an “underclass” of immigrants of certain nationalities, essentially precluding them from being able to settle permanently in the US, even if they are born there and it is the only country they know.
Read the full Bloomberg Law article here.
Pro-bono update – LDS marks Justice Week
Pro-bono update – LDS marks Justice Week
31 October 2018
Matters involving UK immigration affect individuals from all walks of life – from senior level executives to those escaping persecution and violence in their country of birth. Whilst the tide seems to be changing on how immigration is reported in the UK media, we have experienced years of negativity and vitriol towards vulnerable members of society. Combatting this and cuts to legal aid, are just a few of the reasons why the team at Laura Devine Solicitors is so determined to use their knowledge and expertise to assist those who do not have access to justice.
Whilst pro bono work is very much part of our everyday work at LDS, Justice Week provides the opportunity to look back over the last 12 months and consider the cases we have been involved with. Some of the highlights include:
- Liaising with the Home Office to process a UK visit visa for Bana Alabed, a young Syrian girl who became globally known for her tweets during the 2016 siege of Aleppo and her call for peace in Syria. Her tweets became viral and having moved safely with her family to Turkey, Bana proceeded to release her first book, Dear World which is a story of a little girl trapped in a war who inspired the world with a simple message: ‘I need peace’. Bana was invited to attend the 8th annual Asian Awards ceremony in London where she was awarded the prestigious ‘Rising Star’ award. LDS were delighted to work with Bana, her family and The Blair Partnership to enable Bana to travel to the UK to collect her award.
- Working with an amateur boxing champion in England who has fallen victim of the Home Office’s Operation Nexus, having been brought to the UK at a young age and, whilst in care was charged with minor convictions. The individual is not recognised as a national of any country despite the Home Office’s attempts to remove him from the UK. LDS is working closely with renowned Chambers to review the individual’s eligibility for a statelessness claim and/or application on the basis of his private and family life in the UK.
- Assisting a woman with a British husband and British children, who was unable to regularise her immigration status due to her husband falling ill whilst overseas and having to remain there due to his condition. A refused application for leave to remain in the UK as a result of the family’s situation and having a husband unresponsive in a hospital overseas left this mother unable to work in the UK to support her two British children. This ultimately led to the woman becoming destitute, having to rely on the generous support of family and friends in order to care for them. Without permission to be in the UK, this individual was also unable to visit her husband whilst in hospital due to fears she would not be able to return to her sons.
The next 12 months is set to be another busy year and we are delighted to be working closely with two fantastic UK charities – Pan Intercultural Arts and Street Child United.
Pro Bono visit visas for the Street Child Cricket World Cup
Ahead of the international cricket World Cup in May 2019, Street Child United is hosting the first Street Child Cricket World Cup in the UK. LDS is excited to be assisting with the UK visit visas for all participants who are street-connected young people. Teams are heading to the UK from traditional cricketing nations and… not so traditional cricketing countries to participate in a cricket tournament whilst having the opportunity to discuss the rights of street children. No doubt the event will be a success and we are proud to be able to offer assistance to help bring young people to the UK and raise awareness of the life and rights of street-connected children all over the world. Our work has already started, with our Head of Appeals and Human Rights heading to the Summit in London last weekend to speak with Team Leaders from the participating countries about the UK visa process.
Jennifer Stevens outlines business concerns over post-Brexit immigration plans
Jennifer Stevens outlines business concerns over post-Brexit immigration plans
29 October 2018
Partner Jennifer Stevens summarises the potential impacts of the post-Brexit immigration system proposed by the recently published Migration Advisory Committee (MAC) report. She tells Law360 that businesses only have until December 2020 to prepare for the new immigration system, which would require businesses to sponsor EU citizens under the Tier 2 category, in the same way non-EU migrant workers are being sponsored currently.
While restating the current uncertainty over what the post-Brexit arrangement between Europe and the UK will resemble, Jennifer highlights the substantial cost that could be attached to the hiring of EU workers. A minimum salary threshold, an Immigration Health Surcharge and an Immigration Skills Charge comprise just some of the new costs, amounting to thousands of pounds, which could be associated with hiring each new EU worker
Read the full Law360 article here.
Miglena Ilieva speaks to Recruiter Magazine on post-Brexit immigration system
Miglena Ilieva speaks to Recruiter Magazine on post-Brexit immigration system
22 October 2018
Senior Solicitor and PSL Team Manager Miglena Ilieva discusses the Migration Advisory Committee’s recent report as well as the Government’s current proposals for a post-Brexit immigration system with Recruiter Magazine. Miglena commented on the anticipated effects for employers of both lower and high skilled migrants, as well as the projected impacts on workforce availability and the cost of employing essential migrant workers.
Read the full article here.
Anastasia Tonello speaks to NBC regarding US green card delays
Anastasia Tonello speaks to NBC regarding US green card delays
17 October 2018
Managing Partner and head of the US Practice Anastasia Tonello comments on the growing delays experienced by immigrant visa applicants. She notes that the current administration’s policy changes have placed added pressure on an already strained system for issuing green cards.
With the phasing in of interviews for employment-based green card applicants, Anastasia points out that the addition of these applicants to the pool of family-based applicants require to interview places an enormous demand on the same number of immigration officers at local-level USCIS offices.
Read the full NBC article here.
Anastasia Tonello reveals the broad implications facing benefit-seeking US migrants
Anastasia Tonello reveals the broad implications facing benefit-seeking US migrants
25 September 2018
Managing Partner and Head of the US Immigration Practice Anastasia Tonello highlights the harmful implications likely to transpire if the US government executes proposed plans for punishing migrants who are deemed likely to seek essential benefits or other entitlements. Anastasia summarises the concern being shown across the US by public officials including city leaders and health administrators, who are warning of grave implications for migrant communities if the proposed plan is enforced.
Read the full CityLab article here.
Lord Mayor asks people to #GoRed for this year’s #CityGivingDay
Lord Mayor asks people to #GoRed for this year’s #CityGivingDay
25 September 2018
LDS is a proud participant and supporter of #GoRed for this year’s #CityGivingDay. We have been involved in various activities throughout the day starting with a photoshoot on Guildhall Yard with the Lord Mayor, Lady Mayor, Sheriffs, Aldermen and other City workers, complimentary breakfasts at Prets, lunches with colleagues, promoting and donating to our favourite charities including Street Child United, RLS Athens, Pan Intercultural Arts and Suicide Awareness, our very own LDS #GoRed photoshoot (see pictures), the day will close with pink champagne on our terrace and then dinner at Mansion House.
Brexit: Migration Advisory Committee report out today
Brexit: Migration Advisory Committee report out today
18 September 2018
The Migration Advisory Committee (MAC) has published its report on the economic and social impacts of Brexit today.
The long-awaited report is expected to guide the thinking behind the White Paper on the post-Brexit immigration system, which the Government has announced will follow shortly after the MAC report.
MAC recommendations – the not so good news
Among its recommendations, the MAC suggests a single immigration system for EU and non-EU nationals after the end of the transition period, defying calls from businesses to create a special and less cumbersome system for EU nationals.
In bringing EU nationals within the Tier 2 sponsorship system, the MAC recommends that employers should be required to meet the minimum salary levels under Tier 2, as well as pay the Immigration Skills Charge (ISC) for any newly employed EU nationals after the transition period. The ISC is currently £5,000 for medium and large sponsors for a 5-year sponsorship (in addition to other costs such as the Immigration Health Surcharge and Home Office application filing fees).
This is likely to disproportionately affect small and medium sponsors that may not have the resources to operate a sponsor licence or to increase salary levels and pay the ISC charges in order to recruit the talent they need. The only consolation the MAC has recommended to these businesses is a review of how the current licencing system works for small and medium businesses at present.
On the issue of lower skilled migration, the report recommends that there should be no specific provision for lower-skilled migrants to enter the UK. It also suggests that Sector-Based schemes should be avoided with the exception of creating a Seasonal Agricultural Workers scheme, which has already been announced.
MAC recommendations – positive changes across Tiers 2 and 5
However, it is not all bad news for employers. The MAC also makes the following welcome recommendations:
- abolishing the annual Tier 2 (General) cap – which remained oversubscribed for eight months between December 2017 and July 2018 and which caused many to wonder whether the Tier 2 system was fit for purpose;
- abolishing the Resident Labour Market Test (RLMT) or substantially expanding the exemptions to it, for example by lowering the salary-based exemption from its current level of £159,600 to below £50,000. This would vastly expand the pool of a readily available workforce, as well as cut down delays related to having to re-run genuine advertising to comply with the sponsorship-specific RLMT technical requirements for advertising;
- extending the Tier 2 (General) system to include medium-skilled workers at level RQF3 (bringing this down from the current level RQF6 for highly skilled workers). However the MAC advocates retaining the current minimum salary threshold applicable to the present higher skill level scheme – which would mean that many lower level occupations would be unable to access the scheme in any event;
- using the Tier 5 (Youth Mobility Scheme) as a ‘backstop’ in the event that more migration is required to service the UK economy. This may be done by extending the scheme to nationals of countries with which the UK signs trade deals in the future.
Brexit Services
We offer a wide range of Brexit-related services, including seminars, Brexit ‘surgery’ sessions and detailed briefings providing advice to businesses and employees.
If you would like to know more about how we can help your business prepare for Brexit, please contact your usual LDS lawyer or EUenquiries@lauradevine.com.
Sophie Barrett-Brown speaks to People Management on calls to reintroduce Post Study Work category
Sophie Barrett-Brown speaks to People Management on calls to reintroduce Post Study Work category
5 September 2018
Senior Partner and Head of the UK Practice Sophie Barrett-Brown speaks to People Management regarding recent calls from the universities sector to reintroduce visas allowing overseas students to stay and work in the UK for up to two years after they graduate.
Sophie explains that the abolition of the previous post-study work visa route was short-term thinking policy making and highlights the difficulties employers have recently faced with the Tier 2 visa system.
Read the full article here.
