Draft Code of Practice Prevention of Illegal Working

The Home Office has published its revised Code of Practice on Preventing Illegal Working (the “draft Code”) covering the changes to the right to work check requirements for EEA citizens which come into effect on 1 July 2021. For your information please find attached document. Set out below are the changes that the draft Code introduces, how this will affect UK employers and the areas of continued uncertainty.

Applying for a Spouse or Partner Visa from the UK

The previous Home Office coronavirus policy permitted those with visas expiring between 24 January 2020 and 31 August 2020 to apply for long term visas from the UK, even where ordinarily these types of applications would require an applicant to apply from outside the UK.

Important news for United Kingdom companies who may be recruiting migrants workers after Brexit

From 1st January 2021, all EEA nationals will require immigration permission to work in the United Kingdom.

Therefore, United Kingdom companies that wish to employ skilled EEA nationals after 1 January 2021, who do not have immigration permission to work in the United Kingdom will have to sponsor them under Tier 2 of the new points-based system. This involves the company applying for a Sponsor Licence from the Home Office.

New United Kingdom Government Guidance for Tier 2 Workers, Tier 5 Workers and Tier 4 Students as a result of the current Covid-19 Pandemic

The United Kingdom Government has announced new guidance on allowing Tier 2 and Tier 5 workers as well as Tier 4 Students to begin their work or studies before the application has been decided. Due to the current pandemic processing ability and times have become unknown.

This measure will ensure that students and employees can continue in their respective fields whilst applications are decided.

You can start work/studies before your visa application has been decided if:

New guidance on Tier 2 and Tier 2 Workers and Students

On 15th April 2020 the UK Government announced new guidance on allowing Tier 2 and Tier 5 workers as well as Tier 4 Students to begin their work or studies before the application has been decided

Due to the COVID-19 pandemic processing ability and times at the UKVI have become unknown. This measure will ensure

Key points of the Guidance concerning the new Points Based Immigration System to be introduced on 1 January 2021

The United Kingdom Government has issued its guidance on their Points-Based Immigration System: An Introduction for Employers. There is nothing new to what was previously suggested.

Please find below a summary of the key points of the guidance:

New Immigration System Announcement

This morning the Home Secretary, Priti Patel has announced the new Points Based System and said

From 1st January 2021, EU and non-EU citizens will be treated equally.

Free movement will be replaced with a United Kingdom's Points Based System to cater for the most highly skilled, skilled worker, students and a range of other specialist worker routes, including global leader and innovators.

COVID-19 Pandemic and Visa Extension

Due to COVID-19 pandemic Visa Nationals who cannot return home will be able to extend their visas.

The Home Secretary, Priti Patel,announced new visa extension regulations today, which states that any Visa National whose leave expires after 24th January 2020 and before 31st May 2020 who cannot leave the country due to travel restrictions or self issolation, will not be penalised for overstaying.