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Latest Immigration News

What are the implications of the end of the ‘grace period’?

What are the implications of the end of the ‘grace period’?

The following Employment news provides comprehensive and up to date legal information on What are the implications of the end of the ‘grace period’?

Citizens of somewhere—‘Zambrano’ carers and the EU Settlement Scheme (R (on the application of Akinsanya) v Secretary of State for the Home Department)

Citizens of somewhere—‘Zambrano’ carers and the EU Settlement Scheme (R (on the application of Akinsanya) v Secretary of State for the Home Department)

The following Immigration news provides comprehensive and up to date legal information on Citizens of somewhere—‘Zambrano’ carers and the EU Settlement Scheme (R (on the application of Akinsanya) v Secretary of State for the Home Department)

UK government publishes 1 July right to work Code

UK government publishes 1 July right to work Code

The following Employment news provides comprehensive and up to date legal information on UK government publishes 1 July right to work Code

Court of Appeal rules Immigration Exemption lacks appropriate legal safeguards (R (oao Open Rights Group and The3Million) v Secretary of State)

Court of Appeal rules Immigration Exemption lacks appropriate legal safeguards (R (oao Open Rights Group and The3Million) v Secretary of State)

The following Immigration news provides comprehensive and up to date legal information on Court of Appeal rules Immigration Exemption lacks appropriate legal safeguards (R (oao Open Rights Group and The3Million) v Secretary of State)

Featured Immigration content

A married but non-cohabiting couple are looking to extend their leave under Tier 2 (General). They have not been living at the same address in the UK since 2017 but are in a genuine relationship. What effect will this have on their extension application?

A married but non-cohabiting couple are looking to extend their leave under Tier 2 (General). They have not been living at the same address in the UK since 2017 but are in a genuine relationship. What effect will this have on their extension application?

A married but non-cohabiting couple are looking to extend their leave under Tier 2 (General). They have not been living at the same address in the UK...

Checklist—immigration-related requirements on a TUPE transfer

Checklist—immigration-related requirements on a TUPE transfer

This Checklist gives an overview of the immigration matters that should be considered on a relevant transfer under the Transfer of...

Is the minimum salary requirement for ILR on Tier 2 (General) based on a certain number of working hours per week? Is there a minimum length of time that an applicant has to be earning at that level prior to applying for ILR?

Is the minimum salary requirement for ILR on Tier 2 (General) based on a certain number of working hours per week? Is there a minimum length of time that an applicant has to be earning at that level prior to applying for ILR?

Is the minimum salary requirement for ILR on Tier 2 (General) based on a certain number of working hours per week? Is there a minimum length of time...

Applying for EEA registration certificates and residence cards

Applying for EEA registration certificates and residence cards

Applying for EEA registration certificates and residence cardsIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit...

Practice notes

Partners of work, investment and study migrants

Partners of work, investment and study migrantsThis Practice Note looks at key considerations in relation to applications by dependent partners of...
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19th May
Practice notes

Brexit legislation tracker

Brexit legislation trackerThis Practice Note tracks the progress of UK legislation introduced as part of the legislative project associated with the...
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19th May
tag iconBrexit
Practice notes

Partners applying for indefinite leave to remain under Appendix FM: eligibility table

Partners applying for indefinite leave to remain under Appendix FM: eligibility tableThis Practice Note sets out the requirements for applications for...
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19th May
Q&As

Where a new employee has an indefinite leave to remain endorsement in their expired passport, would an employer have a statutory excuse against a civil penalty if they obtained a positive verification notice from the employer checking service with a copy of their expired passport? If not, would the employer need to wait until the employee receives their biometric residence permit before they can commence employment?

Where a new employee has an indefinite leave to remain endorsement in their expired passport, would an employer have a statutory excuse against a...
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19th May
Practice notes

Changes of law and policy, rights against retrospective legislation, and legitimate expectation

Changes of law and policy, rights against retrospective legislation, and legitimate expectationChanges to immigration law may mean that a person who...
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Produced in partnership with Judith Farbey QC of Doughty Street Chambers and Deborah Revill of Lamb Building 19th May
Practice notes

Leave outside the Rules—the Secretary of State’s powers and policies

Leave outside the Rules—the Secretary of State’s powers and policiesIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit...
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Produced in partnership with Ed Mynott 19th May
Practice notes

Immigration judicial review: which decisions can be reviewed and heads of review

Immigration judicial review: which decisions can be reviewed and heads of reviewIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the...
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Produced in partnership with Daniel Hayes of D Hayes Public Law Practice 19th May

Most recent Sponsor duties and responsibilities content

Q&As

If a Tier 5 (Government Authorised Exchange) educational institution sponsor becomes aware that a sponsored migrant has breached a condition of their leave, how must this be reported to the Home Office and where can additional representations be sent?

If a Tier 5 (Government Authorised Exchange) educational institution sponsor becomes aware that a sponsored migrant has breached a condition of their...
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5th Jun
Q&As

Is it possible to add further branches to a sponsor licence where all of the entities have the same parent company, but the parent company or head office itself is not the licence holder? Also, what is the situation if one operating company applies for the licence, but the intention is to subsequently form a parent company and other subsidiaries which will also need to sponsor workers?

Is it possible to add further branches to a sponsor licence where all of the entities have the same parent company, but the parent company or head...
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5th Jun
Q&As

Following a TUPE transfer, if the 20-working day window is missed for reporting/applying for a new sponsor licence, will the transferee be required to carry out the Resident Labour Market Test for the transferred employees?

Following a TUPE transfer, if the 20-working day window is missed for reporting/applying for a new sponsor licence, will the transferee be required to...
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5th Jun
Q&As

If a Tier 2 sponsor is selling their business to another company, what would happen to the sponsored workers?

If a Tier 2 sponsor is selling their business to another company, what would happen to the sponsored workers?For the sake of clarity, this response...
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Produced in partnership with Gary McIndoe of Latitude Law 5th Jun
Q&As

If a sponsor is acquired by another company resulting in its direct ownership changing but where no sponsored workers are being transferred to the acquiring company, does this just need to be reported on the Sponsor Management System rather than requiring the sponsor to obtain a new sponsor licence? The acquiring company holds a sponsor licence under the same tier already.

If a sponsor is acquired by another company resulting in its direct ownership changing but where no sponsored workers are being transferred to the...
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Produced in partnership with Joel Reiss of Latitude Law 5th Jun
Q&As

Can an employer employ a Tier 2 migrant who was granted entry clearance on the basis of an incorrectly assigned unrestricted Certificate of Sponsorship (CoS), instead of a restricted CoS? Are there any implications for the sponsoring employer?

Can an employer employ a Tier 2 migrant who was granted entry clearance on the basis of an incorrectly assigned unrestricted Certificate of...
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5th Jun
Q&As

In relation to the reporting duty to report a change of size from a small company, what is the trigger point in terms of the 10-day reporting requirement? The Guidance is unclear and a further difficulty is that often those involved in the sponsor licence will not become aware of this change, particularly where the accounts have not been lodged at Companies House.

In relation to the reporting duty to report a change of size from a small company, what is the trigger point in terms of the 10-day reporting...
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5th Jun
Q&As

Can, and if so, in what circumstances, a Tier 2 sponsor ask the Home Office to postpone a compliance visit?

Can, and if so, in what circumstances, a Tier 2 sponsor ask the Home Office to postpone a compliance visit?Each Tier 2 sponsor licence holder agrees,...
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Produced in partnership with Nick Nason of Edgewater Legal 5th Jun
Q&As

Can a Tier 2 licence holder issue a Certificate of Sponsorship (CoS) to a person who no longer has leave to enter or remain in the UK? Does it make any difference if the CoS is issued within 14 days of the expiry of leave?

Can a Tier 2 licence holder issue a Certificate of Sponsorship (CoS) to a person who no longer has leave to enter or remain in the UK? Does it make...
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5th Jun
Q&As

Are there any restrictions on a Tier 2 sponsor making a loan to a Tier 2 migrant and deducting loan repayments from their salary? Would this have to be reported?

Are there any restrictions on a Tier 2 sponsor making a loan to a Tier 2 migrant and deducting loan repayments from their salary? Would this have to...
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5th Jun
Q&As

What notifications must a Tier 2 (General) sponsor make when ceasing to employ a migrant who is changing employer? At what point must the migrant stop working for the Tier 2 (General) sponsor once the notifications have been made?

What notifications must a Tier 2 (General) sponsor make when ceasing to employ a migrant who is changing employer? At what point must the migrant stop...
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Produced in partnership with Nicholas Nason of Edgewater Legal 5th Jun
Q&As

Is there anything in the Immigration Rules to prohibit a Tier 2 sponsor from employing their extended family member (such as their nephew)? We understand that this must be disclosed at the time of assigning the Certificate of Sponsorship.

Is there anything in the Immigration Rules to prohibit a Tier 2 sponsor from employing their extended family member (such as their nephew)? We...
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Produced in partnership with Nick Nason of Edgewater Legal 5th Jun
Q&As

Can a Tier 2 sponsor reduce a sponsored migrant’s number of weekly hours in order for them to be able to undertake supplementary employment (for another employer)? If so, is the sponsor required to report this change in employment via the sponsor management system?

Can a Tier 2 sponsor reduce a sponsored migrant’s number of weekly hours in order for them to be able to undertake supplementary employment (for...
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Produced in partnership with Gary McIndoe of Latitude Law 5th Jun
Q&As

What are the implications for a Skilled Worker sponsor if they report a mistake on the salary of a Certificate of Sponsorship years later? Will it lead to a revocation of the sponsor licence if the mistake was only discovered recently?

What are the implications for a Skilled Worker sponsor if they report a mistake on the salary of a Certificate of Sponsorship years later? Will it...
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5th Jun
Q&As

Where a Tier 2 sponsor employs a Tier 2 (General) migrant abroad before they come to the UK and they need to continue to work abroad for 28 days beyond the start date given on their Certificate of Sponsorship (CoS), will para 323AA(za) apply or is it sufficient for the sponsor to report the overseas location on the sponsorship management system (SMS)?

Where a Tier 2 sponsor employs a Tier 2 (General) migrant abroad before they come to the UK and they need to continue to work abroad for 28 days...
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5th Jun
Practice notes

April 2017 Tiers 2 and 5 Sponsor Guidance—key compliance changes

April 2017 Tiers 2 and 5 Sponsor Guidance—key compliance changesSTOP PRESS: This Practice Note is being updated to reflect changes to the Immigration...
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5th Jun
Practice notes

April 2016 Tiers 2 and 5 Sponsor Guidance—key compliance changes

April 2016 Tiers 2 and 5 Sponsor Guidance—key compliance changesSTOP PRESS: This Practice Note is being updated to reflect changes to the Immigration...
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5th Jun
Practice notes

Challenging Tier 2 or 5 sponsor licence decisions by way of judicial review

Challenging Tier 2 or 5 sponsor licence decisions by way of judicial reviewSTOP PRESS: This Practice Note is being updated to reflect changes to the...
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Produced in partnership with Shahjahan Ali of DAC Beachcroft 5th Jun
Practice notes

Sponsor duties under Tiers 2 and 5 and adapting human resources systems

Sponsor duties under Tiers 2 and 5 and adapting human resources systemsSTOP PRESS: This Practice Note is being updated to reflect changes to the...
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5th Jun
Practice notes

Sponsor duties under Tiers 2 and 5: sponsor changes of circumstances

Sponsor duties under Tiers 2 and 5: sponsor changes of circumstancesSTOP PRESS: This Practice Note is being updated to reflect changes to the...
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5th Jun

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