The UK Visas and Immigration (UKVI) has made a number of updates to its guidance for employers for conducting right to work checks. This briefing provides a summary of the updates.
There is always an employment law dimension in Queen’s Speeches, and this one is no different, says Mugni Islam-Choudhury.
Obligations on businesses to ensure supply chains are slavery-free, including investigating suppliers and intermediaries.
The potential issues and planning considerations.
If it’s going to be made easier to evict illegal immigrants, can Mr Cameron please also make it easier for all landlords to evict all tenants?
The Supreme Court has granted permission to appeal in MM (Lebanon) and others v Secretary of State for the Home Department.
To avoid unpleasant surprises immigration issues should be part of the due diligence process.
Employment Update, Spring 2015: immigration in corporate deals; interim relief for whistleblowers; and more download
Also: employee references; cases round-up; tribunal watch; and more.
Once accepted onto the Registered Traveller scheme they will enjoy relaxed entry requirements such as using ePassports.
To clarify the key employment policies of each political party, Shoosmiths has summarised each of the parties’ positions below.
Switzeriand: expat ordinance refined download
Revised ordinance more narrowly defines the scope of covered expatriates.
S Chelvan, member of No5 Chambers, appeared on an ITV News special election programme on immigration, which was aired on Wednesday 22 April.
Chetal Patel and Anna Przewoznik outline the issues and explain how careful planning is the key to avoiding unpleasant surprises.
Changes to the UK immigration rules download
Verity Buckingham of Dentons discusses the key changes to UK immigration rules, including the increase in fees for immigration applications and the reduction of visitor visa routes.
This process involved providing a considerable amount of evidence to the SRA that through his work he had achieved the same standard as someone completing a traditional training period.
A national poster campaign promoting a positive message about the contribution from immigrants to British society features an award-winning human rights lawyer.
Citizenship and Immigration Services agency to resume 15-day, $1,225 premium processing of H-1Bs.
US visa applications: an update download
The US Citizenship and Immigration Services received more H-1B petitions subject to annual quota limits for Fiscal Year 2016 than the law allows to be granted.
Advisers need appreciation of the underlying issues to best advise clients faced with often difficult decisions.
The implications of the draft Protection of Charities bill, which proposes significant increases to the Charity Commission’s powers.
BWB’s Ashley Fleming has won a four-year battle for a Canadian victim of domestic violence to remain in the UK, following the breakdown of her relationship with an EU citizen.
From media reports of a Homeland Security report on an immigrant investor visa programme you might think there is a great problem that needs immediate attention. Not true.
James Dixon, barrister at No5 Chambers, was recently involved in a pre-election debate on Poles in the UK.
On 18 March 2015, the Government announced that it will support a majority of recommendations made by the Review Committee responsible for assessing the Integrity of the 457 Visa Programme.
Most of the changes which have been made are points of clarification or updated definitions.
James Dixon, barrister at No5 Chambers, is speaking at the pre-election debate on Poles in the UK.
Right to work: what you need to know download
With an increasing number of employees from outside the UK, is it time for a ‘spring clean’ of your company’s immigration procedures?
The US Citizenship and Immigration Services agency will begin to issue Employment Authorization Documents to qualified H-4 visa status spouses of H-1B temporary worker visa holders.
Proposed changes to the Immigration Rules are intended to provide greater clarity in respect of the activities that can be performed by visitors
An expedited process for entities that require foreign experts to be invited to Israel for up to 30 days in aggregate, during a period of 12 months.
Our global immigration and mobility lawyers work in tandem with the 425 lawyers in our global labour, employment and employee benefits and corporate compliance practices
Let’s face it. There are simply not enough US work visa options for Israeli professionals.
A resolution between the government of Ukraine and the government of the Russian Federation on visa free travel for citizens of Ukraine and the Russian Federation has come into force.
A tale of four green cards download
Being a legal permanent resident (LPR) of the US or a “green card” holder, obviously has many advantages, but what may not be so obvious are the responsibilities.
Significant changes to working time record-keeping and new notification requirements and sanctions with regard to posting employees to Austria
Before you go picking out curtains for your new Palo Alto estate, there’s one small matter that needs to be taken care of well in advance of the move — your US work visa.
Buyer beware! Business purchases present numerous traps for the unwary particularly in terms of the employment liabilities that may be transferred.
HFN has a large and knowledgeable employment team that works with local and international clients, on matters ranging from national labour disputes to individual employment agreements.
Changes to the UK immigration rules for Tier 2 migrants took effect from 6 November 2014 and affect employers who sponsor migrants to work in their organisations under a Sponsorship Licence.
No5 Chambers barrister S Chelvan was an invited participant of an expert roundtable on credibility assessment in asylum procedures in Budapest on 14 and 15 January.
We are running a free training session on business immigration in February. For employers who hold a sponsorship licence, getting it wrong could result in the revocation of that licence
T minus 84 days. The countdown has begun. The date is coming. It will be here soon. It is the biggest event of the year in US immigration.
Saudi Arabia Update — Shoura Council focus on monopolies; liberalisation of healthcare sector; and more download
Dentons’ latest Saudi Arabia Update covers healthcare liberalisation, employment law, consumer protection and judicial corruption.
Landlords of residential accommodation beware! New immigration rules in force in the Midlands download
Landlords of private rented accommodation in certain parts of the Midlands are now under an obligation to check and keep records of the immigration status of their tenants.
The draft Law on Employment of Foreigners was published in the Official Gazette of the Republic of Serbia on 26 November 2014, and will come into force on 4 December 2014.
The Parliament of the Republic of Serbia adopted the Law on Employment of Foreigners on 25 November 2014.
Positive signals for Switzerland: continuation of lump-sum taxation in Switzerland and the Canton of Geneva download
Swiss voters have decided by a clear majority of 59.2 per cent on the retention of the lump-sum taxation regime on a federal, cantonal and communal level.
InCredit — Immigration Act 2014 regulations; gross mortgage lending up five per cent; and more download
Addleshaw Goddard has released the 25 November 2014 edition of its InCredit publication.
The arrival of the festive season is usually a time for merriment, but for employers it brings with it the challenges involved with sourcing additional staff to meet increased consumer demand.
On 22 November, the Canadian government announced the removal of the requirement for Chilean nationals to obtain temporary resident visas to travel to Canada.
Barack Obama has announced a series of executive actions to crack down on illegal immigration at the border and prioritise deporting felons, not families.
For employers who hold a sponsorship licence, getting it wrong could result in the revocation of that licence and a curtailment on their ability to recruit overseas workers.
Home Office releases guidance for residential landlords on the new immigration checks on tenants download
The Home Office has released guidance for landlords ahead of the Right to Rent Check Pilot Scheme, which launches in the West Midlands on 1 December 2014.
Real-Estate Insight — new rules affecting landlords with regard to Immigration Act; commentary on Youssefi case; and more
This edition features new rules affecting private landlords and managing agents with regards to the Immigration Act.
Property disputes update — involuntary bailees: doing what is ‘right and reasonable’; and more download
In our autumn update, we report on some encouraging decisions in which the courts have recognised commercial reality.
Employment Law Round-up — landmark EAT case on holiday pay; right to privacy in the workplace; TUPE; and more download
In this issue, we look first at the landmark EAT case on holiday pay, which attracted a lot of TV and press attention earlier this month.
DLA Piper has announced its fourth class of Krantz Fellows. This fellowship hires two first-year associates each year who spend their first year doing pro-bono work.
Investors, their spouses and unmarried children under 21 can become US permanent residents by creating (or saving) jobs for US workers through investment.
The Home Office has announced that changes to the UK Immigration Rules are due to come into force on 6 November 2014.
Tier 1 (Investor) category changes download
The Tier 1 (Investor) category caters for high-net-worth individuals making a substantial financial investment to the UK.
Five of the practice groups at B P Collins have been awarded a band-one ranking in the 2015 edition of Chambers UK.
Be Global — further changes to Saudi Arabia’s Nitaqat System; Spain issues first judgment on the calculation of vacation pay; and more
Be Global is DLA Piper’s snapshot of key global employment law developments designed to help you identify legal hotspots across your global operations.
The government announced an independent review of the integrity of the Subclass 457 programme on 25 February 2014.
In Mandalia v Secretary of State for the Home Department UKSC 2014/0059, the Supreme Court has granted permission to appeal to the appellant.
The home secretary has laid before parliament a report that fully endorses the DSSH model created in 2011 by No5 Chambers barrister S Chelvan.
The following regions are discussed in this article: Azerbaijan; Kazakhstan; the Russian Federation; Uzbekistan; and Kyrgyzstan.
The changes announced on 16 October 2014 by the Home Office to the Tier 1 (Investor) Visa route come into effect on 6 November 2014.
Following changes introduced by the Immigration Act 2014, the Home Office has decided upon the location for the pilot scheme.
Doing Business in the United States download
Doing Business in the United States is an introductory guide for non-US businesses that may be interested in doing business in the US.
Starting in mid-September 2014, the US CBP began optimising processing for first-time Canadian TN and L applicants coming under NAFTA.
On 8 October 2014, No5 Chambers’ Abid Mahmood spoke at a Judicial Appointments Commission event organised by CILEX, the Law Society and the Bar Council.
As the UK moves into the final few months before a general election, sponsors’ immigration compliance is likely to become even more closely monitored by the Home Office.
UK Discrimination Law Review: code for employers — avoiding unlawful discrimination while preventing illegal working download
In May 2014, the Home Office published a new statutory code of practice to provide practical guidance to employers on avoiding illegal discrimination when carrying out document checks.
B P Collins has been named as a ‘regional heavyweight’ for the first time in the 27th annual Legal 500 league tables and achieved top-tier status in five practice areas.
Public access work for the young Bar download
This article offers an insight to how barristers, especially young barristers willing to embrace change, can help their future while continuing to work with solicitors.
Employment, benefits, social security and immigration are all matters currently reserved to the UK Parliament, but whether this will remain the case is not yet known.
Newsweek magazine has cited the DSSH (Difference, Stigma, Shame, Harm) model for proving an asylum claim based on sexual or gender identity.
Nineteen is the new 22: amending definition of ‘dependent child’ in Canadian Immigration and Refugee Protection Regulations download
The Canadian government amendments to the Canadian Immigration and Refugee Protection Regulations, changing the definition of a ‘dependent child’, have come into force.
Private landlords in Buckinghamshire are being warned that they may soon be responsible for checking whether or not new tenants have the right to rent in the UK.
The autumn issue of BQ Baltic magazine featured an article by Eversheds senior associate Milda Jasaitiene Lithuanian titled ‘Lithuanian immigration: what’s new?’
GRATA Law Firm managing partner Rashid Gaissin has attended the InvestPro — Kazakhstan 2014 conference, which was held in Almaty.
The September edition of Legal Action magazine profiles No5 Chambers barrister S Chelvan.
Eprivateclient’s ‘Top 35 Under 35’ list recognises Wragge Lawrence Graham & Co private capital associates Alistair Robertson and Katie Coles.
Here is a list of frequently asked questions regarding EB5 escrow intended to help regional centres, developers and foreign investors.
Africa InBrief — August 2014: the use of evidence obtained from social media; immigration lockdown; and more download
Eversheds has published the August 2014 issue of its Africa InBrief publication.
The road ahead: what’s coming in the final months of the 113th Congress and the Lame Duck session download
Dentons’ look at the road ahead in Washington provides a snapshot of the key issues on the agenda before 4 November and in the ‘Lame Duck’ session to follow.
This is an experienced, commercially focused team with a network of international offices.
The firm has consistently been praised as a market leader in the corporate and compliance field, especially in mergers and acquisitions and in company law.
Boyanov & Co provides advice in connection with wealth management, tax planning, business and personal relocation, family law matters and employment law advice.
A number of Tier 2 sponsors do not consider the effect of changes to their company structure on their sponsor licence and/or what their obligations are in such circumstances.
Welcome to PwC Legal LLP, a member of the PwC international network of firms.
Limited supply allocated to EB5 investors born in mainland China is now exhausted and no further supply will be available until 1 October 2014.
The US Citizenship and Immigration Services agency reports faster processing times for immigrant investors in the US under the EB5.
BWB has been at the heart of the social enterprise sector for more than 20 years.
We are widely recognised as the leading immigration practice in the UK. Our immigration team is led by Philip Trott.
Our charity and social enterprise team works with more charities than any other law firm in the country.
Whatever your requirements, our notary service is conveniently placed to ensure your documents are legally recognised in a timely manner.
We advise corporate clients and high-level management employees on all matters relating to employment relationships and with regard to all employment-related tax aspects.
The US State Department announced on 4 August that most of the worldwide backlog of non-immigrant visa cases have been resolved.
A powerful collaboration of local authorities came together to launch APSE Energy on 11 June 2014 in Parliament.
Employers have a duty to prevent illegal working and are obliged to carry out prescribed document checks on individuals before they commence work.
Two of No5 Chambers’ human rights barristers recently spoke at the Public Law Project Conference in Manchester.
S Chelvan from No5 Chambers has been interviewed for the Outlook programme on BBC World Service.
Manjit S Gill QC, Ramby de Mello and Danny Bazini of No5 Chambers have appeared in a case concerning family migration and the minimum income threshold.
The Republic of Kazakhstan has unilaterally introduced a visa-free regime for the period from 15 July 2014 to 15 July 2015 for the citizens of 10 countries.
Following the grant of permission in TN and MA (Afghanistan) v SSHD  EWCA Civ 1609, there is a listing for the appeal in the Supreme Court in April/May 2015.
Once skilled migrants have moved to the UK and begun to work under their newly acquired immigration status, it is likely there will be changes to their pay and job role.
Many people with an international element to their business or their lifestyle choose to employ domestic staff from overseas.
The University of Kent’s well-publicised landmark work for an asylum-seeker could lay the foundations for a shift in thinking in immigration cases
Walker Morris looks at the immigration changes and what employers need to know.
The odds are very long that Congress will enact comprehensive immigration reform legislation in 2014, and the odds may not improve much in 2015.
It is now more difficult for a non-resident to acquire agriculturally zoned land suitable for the cultivation of soil and the raising of livestock.
There have been a number of changes to immigration-checking rules for employers.
DLA Piper has received the 2014 Beacon of Justice Award from the National Legal Aid & Defender Association (NLADA).
A law has introduced a requirement for Russian citizens holding any other (i) citizenship or (ii) permanent residence permit in a foreign state to notify the Russian FMS.
Russian citizens will now have to notify authorities when obtaining foreign citizenship or permanent residency in a foreign country download
A law has been signed requiring Russian citizens to notify the migration authorities on obtaining foreign citizenship or any right to reside permanently in a foreign country within 60 days.
Formidable growth in UK tech scene? download
Research indicates significant growth in London’s tech sector over the next decade. If the forecasts are to be believed, they are certainly to be welcomed.
Immigration Act 2014 download
The Immigration Act, which received royal assent on 14 May 2014, requires private landlords to ensure that prospective tenants are in the UK legally.
CIC has announced expanded guidelines for immigration and border service officers to follow when assessing work permit applications.
Queen’s Speech 2014 download
There are significant proposals this year on areas such as infrastructure, pensions, zero-hours contracts, ‘modern slavery’ and recall of MPs.
S Chelvan from No5 Chambers has been announced as the winner of the Legal Aid Barrister of the Year at the Legal Aid Lawyer of the Year Awards 2014.
American consular posts in Canada temporarily suspended visa processing for non-Canadians from June through the end of August.
Two migrant domestic workers from Nigeria brought claims of direct and indirect race discrimination in the Employment Tribunal.
New immigration codes of practice download
Two new immigration statutory Codes of Practice (replacing previous versions) were released by the government on 16 May 2014.
Prevention of illegal working download
There are new ‘right to work’ checks required for employees and higher penalties for getting it wrong.
No5 Chambers barrister S Chelvan has provided training across Europe on his DSSH (difference, stigma, shame and harm) model for credibility assessment in LGBTI asylum claims.
Many Tier 2 sponsors have reported to us that their sponsored migrants have approached them with questions about supplementary work.
Immigration Update — May 2014: the Immigration Act 2014 — what it means for employers and migrant workers download
Under the Act, the number of immigration decisions which can be appealed has fallen from 17 to four.
Immigration Update — May 2014: sponsored migrants working at client sites — getting it right download
It is increasingly common, particularly in the IT sector, for businesses to send their Tier 2 sponsored migrants to work, on a temporary basis, at client sites.
Of the many changes to the Immigration Rules on 6 April 2014, the Tier 1 (General) sub-category was greatly affected.
Immigration Update — May 2014: new right-to-work checks — easier to get it right, but more serious if you get it wrong download
On 16 May 2014, new rules on the prevention of illegal working came into force that affect three areas.
The Home Office has announced its plans to launch a passport return service pilot for migrants applying by post for indefinite leave to remain in the UK under Tier 2.
The government has introduced an order changing the requirements for checking the right to work of current and prospective employees.
Penningtons Manches’ immigration team is to spearhead a diagnostics review of the UK’s immigration options for international creative and artistic talent.
Numerous changes that affect migrants and non-migrants alike will now be introduced by the Immigration Act 2014.
The DHS has announced a proposed rule to attract high-skilled foreign workers by allowing spouses of certain H-1B holders to also be eligible to work in the US.
Penningtons Manches has announced that it is supporting Tech London Advocates’ (TLA’s) Home Office Hours programme.
Verification of all employees’ eligibility for employment in the US is required, but can result in penalties if a company re-verifies unnecessarily.
The EAT considered whether a worker was prevented from bringing a sexual discrimination and harassment claim against her employer because she was working illegally.
The Canadian government has placed a moratorium on issuing labour market opinions for jobs in the food service industry.
The Federation Council has approved a law requiring foreign citizens to take examinations in Russian history in order to obtain work and residency permits.
On 4 April, Birmingham Citizens Advice Bureau held a fundraising Golf Day at North Worcestershire Golf Club, which was sponsored by No5 Chambers.
No5 Chambers has announced that Susan Monaghan has been called to the Bar of Northern Ireland.
Immigration law for employers download
Nabila Mallick summarises the key points of immigration law for employers.
Penningtons Manches’ immigration team has been selected to spearhead a review of the UK’s immigration options for international creative and artistic talent.
The finalists for this year’s Legal Aid Lawyer of the Year Awards have been announced. No5 Chambers barrister S Chelvan has been shortlisted.
With the demand for many industries to cater for cross-border markets, more and more UK employers are requiring their workforce to be mobile nationally and also across Europe.
In 2008, the regime for preventing illegal working in the UK was changed by the introduction of civil penalties under the Immigration, Asylum and Nationality Act 2006.
Stabilise your immigration strategies with lawyers at Dentons. Our immigration team is well versed in all areas of immigration services, meeting your needs through every step of the process.
The Penningtons Manches immigration team is widely regarded as a collaborative, friendly team that delivers innovative solutions and guidance to its clients.
We work hard to minimise your stress levels by being easy to reach and talk to throughout the sale or purchase of your home or property investment.
The visa processing service, which until how has been provided by WorldBridge, will be provided by VFS Global from 26 March 2014.
The US Citizenship and Immigration Services has announced it received more new H-1B petitions than it is authorised to approve for fiscal year 2015.
S Chelvan of No5 Chambers has been interviewed for a news item that was broadcast on Channel 4 News on 28 March.
Immigration update — March 2014: expansion of Tier 1 (Exceptional Talent) to include the digital technology sector download
The Tier 1 (Exceptional Talent) sector is being restructured to include a designated allocation of 200 endorsements for those showing exceptional talent in the field of digital technology.
This article presents the main changes affecting Tier 4 sponsors and students.
Auction time for investor visas? download
Currently, to come to the UK as a Tier 1 investor, an investment of £1m, £5m or £10m must be made in the UK.
The Home Office recently announced its latest set of changes to the UK’s immigration rules. Most of the key developments will take effect from 6 April 2014.
A recommendation for the suspension of the Tier 1 (Investor) visa route has been made by the Home Affairs Select Committee.
Expatriation of minors download
Recent coverage has failed to highlight the increasing number of minor US citizens and green-card holders relinquishing their US citizenship.
Claire van Overdijk of No5 Chambers has been appointed to the attorney-general’s London C panel of junior counsel to the Crown.
A survey conducted by Gateley has revealed that 60 per cent of people do not fully understand how the points-based immigration system works.
According to Taylor Wessing’s Amy Patterson, the key question that remains is whether the change in COMI is one of substance or mere illusion.
These tips will help those individuals who are new to the world of business immigration, as well as seasoned experts, as they highlight a few common issues.
S Chelvan of No5 Chambers has established some guidelines that are designed to ensure immigration officials ask the right questions of LGBTI people.
No5 Chambers’ Mark Kelly has acted for the defence in the case of Gurdev Nagra, who has been spared jail after pleading guilty to two charges of assisting unlawful immigration.
Up close and personnel: new compensation limits announced and Unison’s challenge of employment tribunal fees dismissed download
Bristows has published its Up close and personnel newsletter for February 2014.
Paul Joseph from No5 Chambers has won in the Court Of Appeal for the home secretary.
PricewaterhouseCoopers (PwC) has acquired Toronto-based immigration law firm Bomza Law Group.
Mark Harper resigned after discovering a cleaner he employed for his flat did not have permission to work in the UK. How can employers avoid the same trap?
Hogan Lovells has won asylum for a lesbian woman who feared sexual orientation-based persecution if she was required to return to her native Macedonia.
MAC has published a report on the Tier 1 investor visa, which focuses on whether the investment thresholds of the current scheme provide sufficient economic benefits to the UK.
The Migration Advisory Committee has released its much-leaked report on the Tier 1 (investor) visa route.
The Brits, Baftas and immigration download
The Brits and Baftas have recently come and gone, but do its international stars need immigration permission to ‘work’ in the UK?
Two No5 Chambers barristers have been shortlisted for the Birmingham Law Society Legal Awards 2014: Abid Mahmood and Nabila Mallick.
Tier 2 Intra-Company Transfer is a category that allows multinational companies to transfer staff to the UK to work on a long-term basis or for frequent short-term visits.
The Paris office of Eversheds is sponsoring a mentoring programme aimed at helping young women aged between 25–39 within the immigrant population.
AA (Somalia) — Supreme Court says home secretary should amend the refugee family reunion rule for children download
The Supreme Court has strongly indicated to the home secretary that she should amend the immigration rules concerning family reunion of children with refugees in the UK.
S Chelvan, barrister at No5 Chambers, has provided training in Stockholm on his ‘Difference, Stigma, Shame and Harm’ model for analysing and determining LGBTI asylum claims.
The Chambers UK Bar Guide has ranked No5 Chambers in 15 practice areas.
Labour market testing was introduced as a mandatory requirement for all standard business sponsors who wish to nominate a position under the 457 visa programme.
Few topics get tabloid blood racing like immigration, but are heart rates running quite so high among lawyers practising in this area?
S Chelvan of No5 Chambers analysed the impact of a case concerning three gay asylum seekers on the BBC World Service Newshour program on 7 November.
The UK Border Agency has updated its guidance for employers on preventing illegal working in the UK.
Immigration law update download
The UK Border Agency has published an updated version of its guide for employers on preventing illegal working in the UK.
Business immigration changes download
Immigration into the UK continues to be a hot topic, with the government wanting to reduce net immigration.
This booklet addresses employees’ many commonly asked questions regarding international assignments.
Entries for the 2015 Diversity Immigrant Visa Program (DV) (also known as the ‘green card lottery’) must be submitted electronically by 2 November 2013.
Nabila Mallick has been nominated by chambers at the suggestion of the bar bono unit for bar pro bono lawyer of the year.
Comprising of one of the largest immigration groups in the country, the barristers at No5 are at the cutting edge of the development of the law in the field. No5 Chambers has a truly national presence, with offices in London, Birmingham and Bristol.
On 26 June 2013, the Supreme Court of the United States issued two rulings that significantly advanced same-sex marriage rights in America.
On 6 September 2013 the UK Border Agency (UKBA) announced a number of positive changes to the immigration rules which will help UK employers.
As the legal aid cuts bite, immigration firms need to be more commercially minded to make the transition into privately funded work
On 6 April, the UK Border Agency will introduce changes to the Tier 2 immigration rules that will affect UK employers.
The Standing Committee of the National People’s Congress passed a new Exit-Entry Administration Law on 30 June, 2012, representing the first overhaul of China’s immigration law since 1986.
The Supreme Court has told the Government that its current immigration practices are unlawful.
The Government’s crowd-pleasing legal stance on immigration is creating fresh challenges for law firms
CMS Cameron McKenna is set to offload its UK immigration practice to Fragomen, an international firm specialising in immigration law.