10
May

Tier 2 Sponsorship: Universal Jobmatch will be replaced by Find a job service on 14th May 2018

For Tier 2 Sponsors advertising in line with the Resident Labour Market Test (RLMT), please note that Universal Jobmatch website will be replaced by ‘Find a job’ service from 14th May 2018.

Should you already have an existing Universal Jobmatch account then you will be able to login to this until 17 June 2018 to access existing jobs and applicant information.

However, you’ll no longer be able to post jobs after 17th May 2018.

Your basic account information will be migrated to the new service and your company will receive an email with further information about this. Any existing job or applicant information will not be transferred, so you’ll need to start making local copies for future reference.

Please note that new employers will not be able to register on Universal Jobmatch as it will close on 10th May 2018. But they will be able to register on Find a job from 14th May 2018.

New jobs cannot be posted on Universal Jobmatch after 17th May 2018, but the website will not be closed until 18th June 2018 therefore employers and the resident workforce will be able to view the job advertisement for 28 days. There will be no need to re-advertise as the advert will still be available until that time.

After 18th June 2018, all adverts posted on Universal Jobmatch will be unavailable and it will not be transferred to the new platform.

The Home Office will update their guidance to reflect the changes in the next update but in the meantime, references to Universal Jobmatch should be interpreted to include ‘Find a Job’.

Employers are reminded to conduct and record their Resident Labour Market Test in line with the existing Home Office guidance by making sure that, where the advertisement was placed on Jobcentre Plus or Jobcentre Online, you must keep a screenshot of the advert on the day it is first advertised clearly showing all the required information in the Home Office Guidance.

Should you have any further queries on the above or unsure if your RLMT is fully compliant with the requirements under the Home Office guidance, please do not hesitate to contact us.

10
May

Windrush Scandal

There is growing discontent about the treatment of the Windrush generation, as the Home Office seek to settle the problem.

What is the Windrush scandal?

It is the generation of people from the Caribbean who arrived in the United Kingdom between 1948 and 1971. The main purpose of their settlement was to alleviate the labour shortage post-World War II.

Many of them were children who travelled with their parents. Consequently, the Home Office did not keep record of their leave to remain, so they did not have documents to certify their residence in the United Kingdom. Furthermore, the majority of the people never travelled outside the United Kingdom therefore they did not apply for any proof of residence or British passport.

The reason it has now come to light is due to changes in the law, which ensures everyone is able to evidence their immigration status to work, rent property or have access to benefits etc.

As a result, the Windrush generation, who now cannot evidence their residence in the UK, are facing and have faced the grim reality of being deported.

Moreover, recent news coverage of the victims of the Windrush generation brings to light many cases where victims have been deported or face deportation after living in the United Kingdom for decades. 

The Home Office have published guidance on 13th April 2018 on how the Windrush generation and their children can apply for permanent residency.

For those who arrived in the United Kingdom before 1973 and have not been away for a long period from the UK in the last 30 years, then they will have the right to live here.

For those who have arrived in the 1970s but after 1 January 1973, then they will not have the automatic right to live here, however, they may be eligible to live her permanently.

The guidance and contact helpline in relation to Windrush generation, can be found via this link: https://www.gov.uk/government/publications/undocumented-commonwealth-citizens-resident-in-the-uk/undocumented-commonwealth-citizens-resident-in-the-uk

Furthermore, the Home Secretary Amber Rudd has announced that the government will put in place a list of measures to ensure that people can get the support they need to formalise their stay. This includes: establishing a new customer contact centre, setting up a compensation scheme for people who have suffered loss and waiving fees for naturalisation for the children of the Windrush generation etc.

The Home Secretary did not implement nor confirm a date for the above measures, therefore, we advise people affected by this policy to ascertain their right to reside in the United Kingdom.

If you would like to find out if you are eligible to apply for naturalisation as a British Citizen, please do not hesitate to contact us.

18
Apr

UK Visas and Immigration updated Guidance and the Immigration Rules: Points-based system Tier 2

UK Visas and Immigration updated Guidance and the Immigration Rules: Points-based system Tier 2

The UKVI updated the Tier 2 Guidance and the Immigration Rules for the points-based system on 11th January 2018.

The following change in the rules are applicable for those applying for indefinite leave to remain under the points-based system (Tier 1 and Tier 2 applicants).

(i)                  Removal of the 60-day rule when calculating continuous period in the UK

The updated guidance removes the Tier 2 rule covering gaps in employment of 60 days. The guidance provides that;

“An amendment is being made so that Tier 2 Migrants are no longer required to have been continuously employed throughout the qualifying period to be eligible for settlement.  The provision is unnecessary as a Tier 2 migrant who is no longer working for their Sponsor is subject to curtailment.”

A leave can be curtailed by the Home Office to 60 days starting from the date of the decision to curtail leave is made. This implies that the migrant worker effectively has 60 days from the date of deemed service to make an application for leave in another category or find an alternative sponsor.

The above removal means that as long as the migrant worker is able to find an alternate sponsor or apply under different category within the 60 days period then the continuous residence is not considered broken for the purposes of indefinite leave to remain application.

It is worth noting that the 60 days curtailed leave is distinguished from the 60 days in the Guidance which is 60 days from the end of your employment date which is logged on the Sponsorship Management System. Therefore, the worker has 60 days to find another job or apply under another category from the curtailment letter date.

(ii)                Changes to Immigration Rules 245AAA (a)(i) Calculating the 5-year continuous period in the UK

The recent changes to the Immigration Rules states that in order to eligible for indefinite leave to remain under the points-based system;

‘’ the applicant has not been absent from the UK for more than 180 days during any 12 month period in the continuous period, except that any absence from the UK for the purpose of assisting with a national or international humanitarian or environmental crisis overseas shall not count towards the 180 days, if the applicant provides evidence that this was the purpose of the absence(s) and that their Sponsor, if there was one, agreed to the absence(s) for that purpose;’’

This indicates that the Home Office will take a harsher approach when calculating the 180 days absences as they can take any consecutive 12 months period within the 5-year period.

For example;

–          Old Rules: If your qualifying date for indefinite leave to remain is 1st Jan 2018, under the previous rules, the Home Office would have calculated the absences from 1st Jan 2018 to 1st Jan 2017, 1st Jan 2017 to 1st Jan 2016, 1st Jan 2016 to 1st Jan 2015 etc.

 

–          New Rules: If your qualifying date for indefinite leave to remain is 1st Jan 2018, under the current rules, the Home Office can take any consecutive 12-month period during the 5 years.

For more information on this change, please refer to our previous article: http://www.bararassociates.com/updated-guidance-indefinite-leave-remain-calculating-continuous-period-uk/

If you have any problems calculating the continuous residence or require further advice please do not hesitate to contact us.

26
Mar

Ukrainians can travel to EU Member States without a visa

Ukrainians can travel to EU Member States without a visa

Although, Ukraine is not part of the European Union, Ukrainians can travel to most EU Member States without a visa for short stays since June 11, 2017 after the European Union and European Council representatives approved the request of Ukraine for visa-free travel.

Ukrainian citizens holding biometric passports can travel to the Schengen Zone without a visa for a period of 90 days within any 180-day period for purposes other than working.

In addition to the Schengen Zone, Ukrainian citizens holding biometric passports can also travel to countries that are not part of the Schengen Zone such as Norway, Iceland, Liechtenstein, and Switzerland.

However, it should be noted that even though United Kingdom and Ireland are part of the European Union, Ukrainians wishing to travel to the United Kingdom and Ireland will have to undergo different procedures in order to qualify for short visits in these countries.

The reason for which is owed to the fact that the United Kingdom and Ireland have different policies.

Moreover, it should be pointed out that as Ukrainian nationals are only allowed to travel without a visa for a period of 90 days, any stay for longer than 90 days will require a visa.

https://www.schengenvisainfo.com/ukrainians-can-now-travel-to-eu-member-states-without-visa/

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