Home Office announces extension to right to work check concessions
Home Office announces extension to right to work check concessions
27 August 2021
The Home Office has decided to defer the end of the temporary adjusted right to work check measures until 5 April 2022 (inclusive). The Home Office had previously stated that the adjusted measures would come to an end after 31 August 2021.
What are the temporary changes?
Under the adjusted measures, an employer is permitted to carry out a right to work check by verifying their employee’s right to work via video call with a copy of their right to work document (scanned or photocopied) rather than seeing the original.
Previously, an employer either had to use the online check (where available) or be in physical possession of the employee’s original right to work document at the time of verification.
Why has the Home Office deferred the end date?
The Home Office said it made the decision to defer the end of the adjusted measures because of positive feedback it received about the ability to carry out right to work checks remotely.
What is next?
Until 5 April 2022, employers can continue to carry out remote checks in line with the adjusted measures. Employers will not be expected to carry out retrospective checks on employees whose right to work was checked between 30 March 2020 and 5 April 2022 (inclusive). Provided the check was carried out in line with the temporary concession, employers will maintain a statutory excuse against liability for a penalty.
It remains to be seen whether a requirement to conduct physical document checks will ever be reinstated as the Home Office has said that it intends to introduce a new digital service to include workers who are not currently able to avail of the online checking service, including UK and Irish citizens.
Get in touch
For further information on recent and forthcoming changes to UK and US immigration law visit our website www.lauradevine.com or contact your assigned LDS lawyer or enquiries@lauradevine.com.
Miglena Ilieva
Senior Solicitor and PSL Team Manager
Clara Gautrais
Trainee Solicitor
Robert Greene
Paralegal
Home Office launches 'check your immigration status' service
Home Office launches new ‘check your immigration status’ service
11 August 2021
If an individual’s access to work, benefits or services has been affected and they believe this is because the Home Office holds an incorrect immigration status, they can now make an application to check their immigration status is correct.
How to apply to check your immigration status
Individuals must complete this form and send it to IC@homeoffice.gov.uk alongside supporting documentation. Alternatively, they can send the form by post to the Customer Correspondence Hub (IC). The service is free of charge and individuals can expect a response within seven days of the Home Office receiving the enquiry.
Documents you should send
All applicants must send their contact details as part of the application. Additional supporting material which an individual may choose to send include:
• a copy of the letter stating that their access to work, benefits or services has stopped;
• information on who has stopped their access to work, benefits or services;
• any reference numbers relating to their query; and
• copies of any other relevant letters supporting their claim (eg immigration decision letter).
Additional documentation must be sent in jpg or pdf format and must be in English or Welsh.
A third party (such as a solicitor) can submit an application of behalf of an individual provided they have written authorisation from the individual permitting them to discuss the individual’s case with the Home Office.
Get in touch
For further information on forthcoming changes to UK immigration law, see our website, contact your assigned LDI lawyer or email enquiries@lauradevine.com.
Miglena Ilieva
Senior Solicitor and PSL Team Manager
Robert Greene
Paralegal
Christi Hufford Jackson promoted to partnership
Christi Hufford Jackson promoted to partnership
5 August 2021
From Laura Devine Immigration intern to partner, Christi Jackson’s experience at the firm has come full circle. We sat down with Christi to speak about her colourful career as a lawyer and what being made partner means to her.
Humble beginnings
Since she was a little girl, Christi knew she wanted to become a lawyer. “I don’t think it would surprise any of my family that I became a lawyer,” she says. “I think they knew I was destined to be a lawyer from the beginning.”
Having studied Sociology, Criminology and Psychology at Texas Christian University, Christi went on to study law at Texas Wesleyan University School of Law (now Texas A&M University School of Law).
But whilst she knew she wanted to become a lawyer; she didn’t always know she would end up specialising in immigration law.
“I fell into immigration law, actually. I knew that I wanted to work outside of the US. I knew that I needed to practice in an area that was federal so that I didn’t have to cross-qualify and become a UK-qualified solicitor or barrister. So, I had two choices, it was immigration law or international tax.”
As it transpires, there was only really one choice. Christi is not very good at maths – by her own admission – so immigration law it was.
“I knew that I had chosen the right path.”
Fortuitous encounters
During her last semester in law school, Christi studied in London. It’s here that she first came across Laura Devine Immigration as an intern.
“I loved it,” she says speaking of her experience at the firm. “I loved immigration law. That definitely locked in my desire. I knew that I had chosen the right path. So, that’s how I came to be familiar with the firm.”
But it wouldn’t be for another 13 years or so that Christi would step foot inside the firm again. After completing law school, she returned to the US where she took the bar exam. She then spent numerous years working as a lawyer between the UK and the US before receiving an opportune call that would reshape her career.
“I got a call from Laura and the team and they said, did I want to come back here to head the US practice. And it was perfect. It was perfect timing and of course, I wanted to come back and join the firm. So, I’ve been back here now five and a half years.”
“I’m excited to join a team of really accomplished women.”
From intern to partner
It wouldn’t be long before Christi made waves in the firm. From dealing with complex client matters to making international media appearances, she has had many career highlights at Laura Devine Immigration. But her proudest moment? Becoming partner.
“That is an achievement that I have been working really hard at for many, many years,” she says. “And I’m excited that it has finally happened.”
“I’m excited to join a team of really accomplished women. I’m happy for them to be my partners and work together so we can continue the vision of the firm. I believe in the firm, and I’m really excited to be a partner.”
Challenges on the horizon
And whilst you may have assumed that little could phase someone with as many accolades to their name as Christi, there is one hurdle that even she cannot surmount.
“The emails. It’s the emails. There are so many. I like working with people and I like working with clients. But those emails. So, if someone could figure out a way to get rid of those that would be great.”
Unfortunately, we don’t have the secret formula to handle those emails, but we do wish Christi the best of luck on this next stage in her career at the firm. We know she will be fantastic.
Christi Hufford Jackson
Partner and Head of the US Practice
Robert Greene
Paralegal
Government announces new immigration routes for 2022
Government announces new immigration routes
5 August 2021
The government has published a policy paper on the new UK Innovation Strategy. It contains information about two new visa routes that are set to be launched in 2022: ‘High Potential Individual’ and ‘Scale-up’. The paper also contains details on changes to the Innovator route.
High Potential Individual
The High Potential Individual route will be open to applicants who have graduated from a top global university. There will be no job requirement and there will be an option to extend the visa and settle in the UK, unlike with the new Graduate route that launched on 1 July 2021. The government has said it will explore opportunities to expand this route to other categories of high potential.
Scale-up
The Scale-up route will be open to individuals with a high-skilled job offer from a qualifying scale-up and a required salary level. Individuals will be able to extend their visa and settle in the UK. They will also be able to switch jobs or employers. Scale-ups that can demonstrate an average revenue or employment growth rate of more than 20% over a three-year period and at least 10 employees at the start of the three-year period will be able to expediate their verification process to use this route.
Innovator
The government has also announced plans to “revitalise” the Innovator route. The following changes have been set out in the UK Innovation Strategy:
- the business eligibility criteria will be simplified so that applicants are required to demonstrate that their business venture has a high potential to grow and add value to the UK and is innovative.
- a lighter touch endorsement process will be introduced for applicants whose business ideas are particularly advanced to match the best-in-class
- international offers, with all applicants accepted on the Department for International Trade’s Global Entrepreneur Programme being automatically eligible.
- there will no longer be a requirement to have at least £50,000 in investment funds where the endorsing body is satisfied that the applicant has sufficient funds to grow their business. the restriction on doing work outside of the applicant’s primary business will be removed.
Get in touch
For further information on forthcoming changes to UK immigration law, see our website, contact your assigned LDI lawyer or email enquiries@lauradevine.com.
Miglena Ilieva
Senior Solicitor and PSL Team Manager
Robert Greene
Paralegal
Travellers fully vaccinated in the US or Europe exempt from quarantine
Travellers fully vaccinated in the US or Europe exempt from quarantine
5 August 2021
The government has announced an easing of travel restrictions for travellers coming to England who have been fully vaccinated in the US or certain European countries. The changes are set out in Section 2A of the The Health Protection (Coronavirus, International Travel and Operator Liability) (England) Regulations 2021.
New travel rules for adults
As of 4am on 2 August 2021, adults travelling from an amber list country who have been fully vaccinated in the EU, Andorra, Iceland, Liechtenstein, Monaco, Norway, San Marino, Switzerland, the Vatican City or the US:
- must prove their vaccinated status either with an EU Digital COVID Certificate for Europe or a CDC card for the US;
- book a post-arrival COVID-19 test before departure to be taken on or before day two of arriving in England; and
- do not need to quarantine upon arrival or take a day eight COVID-19 test.
Fully vaccinated means at least 14 days after the second dose is given and with a vaccine authorised by the European Medicines Agency for Europe, the Swissmedic for Switzerland, or the Food and Drug Administration for the US.
Additionally, adults vaccinated in the US must also show proof of US residency (eg USA passport, visa or Green Card).
New travel rules for children
People under 18 who are residents of the European countries listed above or the US must follow the same rules as children from the UK:
- Children aged 11 to 17 must show a negative COVID-19 test to travel to England.
- Children aged 4 and under do not have to take post-arrival COVID-19 tests.
- Children aged 5 to 17 must take a post-arrival COVID-19 test on day two but do not have to quarantine.
Children aged 5 to 17 who are not ordinarily resident in the UK, US or the European countries listed above must take a post-arrival COVID-19 test on day two and eight and must quarantine for 10 full days.
New travel rules for adults vaccinated in France
The new exemptions originally excluded France from the list of EU countries. However, the government announced that as of 4am on Sunday 8 August 2021, the new exemptions also apply to adults who have been fully vaccinated in France.
Get in touch
For further information on forthcoming changes to UK immigration law, see our website, contact your assigned LDI lawyer or email enquiries@lauradevine.com.
Miglena Ilieva
Senior Solicitor and PSL Team Manager
Robert Greene
Paralegal
Natasha Chell and Clara Gautrais write for ILPA on right to work checks
Natasha Chell and Clara Gautrais write for ILPA on right to work checks
3 August 2021
Partner and Head of Risk and Compliance Natasha Chell and Trainee Solicitor Clara Gautrais have written an article for the ILPA Monthly on right to work checks and challenges post-Brexit.
In their piece, Natasha and Clara discuss the temporary COVID-19 concession to right to work checks which allows employers to conduct online checks of employee’s documents rather than inspecting physical documents.
They also discuss the right to work check measures applicable to EUSS applicants whose applications are pending and look at whether employers are required to conduct retrospective checks on EEA nationals and their family members.
Get in touch
To learn more about forthcoming changes to UK immigration law, see our website, contact your assigned LDI lawyer or email enquiries@lauradevine.com.
Natasha Chell
Partner and Head of Risk and Compliance
Clara Gautrais
Trainee Solicitor
EUSS frequently asked questions
EU Settlement Scheme – Frequently asked questions
30 July 2021
The deadline for applications to the EU Settlement Scheme (EUSS) was 30 June 2021. In this article, we’ll give an overview of the EUSS, how to apply if you missed the deadline and some important considerations for employers.
End of free movement
The UK left the EU on 31 January 2020 and the transition period ended on 31 December 2020. Schedule 1 of the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 makes provisions to end rights to free movement under retained EU law. Since 1 January 2021, all non-British citizens are subject to the UK’s domestic immigration system. This includes citizens from the EU, Norway, Iceland, Liechtenstein (‘EEA’) and Switzerland, unless they successfully applied to the EUSS by the June deadline.
What is the EUSS?
The EUSS allows EEA and Swiss citizens who were living in the UK before 31 December 2020 to protect their rights to live and work in the UK. The deadline for most people to apply was 30 June 2021.
What is the difference between settled and pre-settled status?
EEA and Swiss citizens who have been living in the UK for five years or more can apply for settled status. This is equivalent to indefinite leave to remain (ILR). Those holding settled status for at least 12 months can usually apply for British citizenship.
EEA and Swiss citizens who have been living in the UK for less than five years can apply for pre-settled status. Once they meet the five-year residency threshold, they can apply for settled status and must do so before their pre-settled status expires.
Individuals with settled or pre-settled status can continue to enjoy the rights they had when the UK was part of the EU. This means they can live, work and study in the UK, and they can travel in and out of the country. They can also access public funds and use the NHS for free.
Who is exempt from the EUSS?
The following people do not need to apply:
- individuals with indefinite leave to enter or remain;
- Irish citizens; and
- Frontier Work permit holders – or those eligible for one – provided they continue to live outside the UK whilst working here.
Who is exempt from the 30 June 2021 deadline?
The June deadline does not apply to the following people:
• a family member of an EEA or Swiss citizen who was living in the UK before 31 December 2020 and who joins them on or after 1 April 2021;
• a child who was born or adopted in the UK on or after April 2021;
• a family member of an eligible person of Northern Ireland who is from outside the EEA or Switzerland, and they could not return to the UK by 31 December 2020 without the family member;
• a person who is exempt from immigration control or stopped being exempt after 30 June 2021;
• a person living in the UK with indefinite leave to enter or remain which expires after 30 June 2021; and
• a family member of a British citizen with whom they lived in the EEA or Switzerland by 30 December 2020 and with whom they returned to the UK.
What if you missed the deadline?
Individuals who are eligible for the EUSS and have ‘reasonable grounds’ for missing the deadline can still apply after 30 June 2021. The government has published a non-exhaustive list of circumstances that qualify as ‘reasonable grounds’ and has said that it will adopt a ‘pragmatic and flexible approach’ to considering cases.
In addition, it has said that there remains scope ‘indefinitely’ for an eligible person to make a late application.
Examples of ‘reasonable grounds’ include:
- a person who is the victim of modern slavery or is in an abusive relationship;
- a child or parent of a child who did not know they needed to apply;
- a person who has a medical condition, or physical or mental capacity issue that prevented them from applying;
- a person who has care needs or their carer did not know they needed to apply; and
- a person who had indefinite leave to remain and did not know they could apply.
One potentially wide-ranging ground is a ‘compelling practical or compassionate reason’ preventing a person from applying. The government has confirmed that this includes individuals being prevented from applying due to issues relating to COVID-19.
What checks do employers have to do?
Employers are not responsible for ensuring that staff members have applied to the EUSS by the 30 June 2021 deadline. In addition, they are not expected to carry out retrospective right to work checks on EEA and Swiss employees who were hired before 1 July 2021. Employers who do decide to carry out retrospective checks must do so in a non-discriminatory manner. If an employer discovers that an eligible employee has not got settled or pre-settled status, they should advise that they make an application within 28 days.
As of 1 July 2021, EEA and Swiss citizens must evidence their right to work in one of two ways. Those with settled or pre-settled status must prove their right to working using the Home Office’s online service: ‘prove your right to work to an employer’.
EEA and Swiss citizens that have not been granted leave under the EUSS must evidence their right to work using the documents set out in legislation. Irish citizens can continue to evidence their right to work by using their Irish passport or passport card.
Get in touch
For further information on forthcoming changes to UK immigration law, see our website, or contact your assigned LDI lawyer or enquiries@lauradevine.com.
Miglena Ilieva
Senior Solicitor and PSL Team Manager