Webinar CV19 Disruption: Immigration Issues for UK Employers 8 - PowerPoint PPT Presentation

Webinar CV19 Disruption: Immigration Issues for UK Employers 8 April 2020

CV19 Disruption: Immigration Issues Annabel Mace Supinder Sian Partner Partner Labour and Employment Labour and Employment T +44 207 655 1487 T +44 207 655 1741 E annabel.mace@squirepb.com E supinder.sian@squirepb.com squirepattonboggs.com 2

CV19 Disruption: Immigration Issues Employees Employees trying to with visas get visas CV19 Challenges Sponsor Right to compliance work checks squirepattonboggs.com 3

CV19 Disruption: Immigration Issues Employees in the UK whose visas are expiring soon  Current guidance only covers those in the UK with visas expiring between 24 January 2020 and 31 May 2020 for now:  visa will be extended to 31 May 2020 on same conditions if an individual cannot leave the UK because of travel restrictions or self-isolation related to COVID-19  individual must contact the Coronavirus Immigration Team to obtain confirmation of extension.  Employer should keep paper trail of employee’s contact with CIT and any response confirming extended visa.  Currently no indication that the employer would also need to submit an Employer Checking Service request to obtain an extended statutory excuse. squirepattonboggs.com 4

CV19 Disruption: Immigration Issues Switching to another visa from within the UK instead of from abroad?  If a UK visa is expiring before 31 May 2020 and the holder would ordinarily need to leave the UK to make a new application from their home country…  …as long as they qualify for a Tier 2 (General) visa, they will be able to apply online from within the UK until 31 May 2020.  This could include those with visas under the following categories:  Tier 5 Youth Mobility or Tier 5 GAE  Tier 2 Dependant  Tier 2 (ICT) with salary of £159,600 or more  Standard visitor visa squirepattonboggs.com 5

CV19 Disruption: Immigration Issues What about employees outside the UK recently issued with visas or trying to obtain them? (1)  All of the UK’s Visa Application Centres are currently closed.  Europe, Africa and parts of the Middle East visit: uk.tlscontact.com  All other countries visit: vfsglobal.co.uk  Is there any point in submitting an on-line application now?  Applicants with pending applications or approved visas waiting for return of passports with 30 day entry visas… squirepattonboggs.com 6

CV19 Disruption: Immigration Issues What about employees outside the UK recently issued with visas or trying to obtain them? (2)  If an employee has been issued with a 30-day entry visa vignette and cannot enter the UK within that period, there are informal indications that leeway will be given when travel restrictions are lifted.  ‘Non-visa nationals’ may be able to enter the UK using e-gates after the 30- day window without too much difficulty and collect their BRP as usual.  ‘Visa nationals’ may be required to apply for a new entry visa before travelling to the UK. squirepattonboggs.com 7

CV19 Disruption: Immigration Issues What about employees outside the UK recently issued with visas or trying to obtain them? (3)  If you have already assigned an unrestricted or restricted Certificate of Sponsorship (CoS or RCoS) but the employee is unable to apply for a visa within the 3 month validity as a result of coronavirus…  … Home Office is advising it ‘will not automatically refuse such cases … we will consider this on a case by case basis’.  Try to ensure CoS are assigned within 6 months of RLMT advertisements to avoid having to re-advertise, even if not currently possible to submit visa application. squirepattonboggs.com 8

CV19 Disruption: Immigration Issues Current sponsor guidance on COVID-19-related absences:  'No enforcement action against sponsors who continue to sponsor employees despite absences due to coronavirus.  You do not need to report employee absences related to coronavirus including illness, their need to isolate or inability to travel due to travel restrictions.  You do not need to withdraw sponsorship if, because of coronavirus, an employee is absent from work without pay for more than 4 weeks.  No need to notify if you are sponsoring employees who are working from home due to coronavirus.  Other changes to their working arrangements must still be reported as usual.’ squirepattonboggs.com 9

CV19 Disruption: Immigration Issues Current sponsor guidance on salary reductions for sponsored employees because a business has ‘ temporarily reduced or ceased trading ’ due to COVID-19:  ‘You can temporarily reduce the pay of your sponsored employees to 80% of their salary or £2,500 per month, whichever is the lower.  Any reductions must be part of a company-wide policy to avoid redundancies and in which all workers are treated the same.  These reductions must be temporary, and the employee’s pay must return to at least previous levels once these arrangements have ended.’  SMS notifications still required, for now.  No mention of the Coronavirus Job Retention Scheme or furlough… squirepattonboggs.com 10

CV19 Disruption: Immigration Issues Can we delay the work start date of a newly sponsored employee?  You may have employees stuck abroad with newly issued UK visas but unable to travel to the UK to take up their role.  Home Office has confirmed that delaying the start date beyond 28 days is allowed.  Other issues to consider:  can they work remotely for you from outside the UK?  obtaining employee’s ‘consent’ to delayed start date or unpaid leave  we still recommend reporting delayed start dates. squirepattonboggs.com 11

CV19 Disruption: Immigration Issues How quickly do sponsored employees who are made redundant have to leave the UK?  Sponsor duty to report end of sponsorship within 10 working days of end of employment.  Home Office will usually take action to ‘curtail’ (shorten) leave to 60 days from the date this is notified to the employee.  Once sponsorship ends, the employee can remain in the UK until their leave is curtailed (if travel restrictions continue, this period may be extended).  The employee cannot work for another UK employer until he obtains new sponsorship or obtains some other form of right to work. squirepattonboggs.com 12

CV19 Disruption: Immigration Issues Can we furlough UK employees on overseas assignments or temporarily reduce their salaries?  HMRC guidance on the Job Retention Scheme refers to employees qualifying if they ‘were on your PAYE payroll on or before 28 February 2020’ but those working abroad may not qualify if they are on an NT tax code.  Employees on overseas assignments may not qualify for any local furlough equivalent either.  If you are proposing to reduce salaries for assignees outside the UK, ensure that is permitted under local employment law and is within the scope of the employee’s visa. squirepattonboggs.com 13

CV19 Disruption: Immigration Issues Temporary adjustments to right-to-work checks  If you cannot use the online right to work service:  Ask the worker to submit a scanned copy or a photo of their original documents  Check the identity of employee and original document using a video call  Endorse copy with “adjusted check undertaken on [insert date] due to COVID-19”  After the COVID-19 measures have ended, employers will then have eight weeks to carry out retrospective checks on existing employees who started work while the adjustments were in place using the usual right to work checking process. squirepattonboggs.com 14

CV19 Disruption: Immigration Issues What if an employee loses the right to work whilst absent because of COVID-19?  Query whether they qualify for a visa extension under the Home Office’s COVID-19 measures.  Employers will still be at risk of a civil penalty for employing someone without the right to work not withstanding practical challenges of COVID-19.  Important to still carry out follow-up checks following guidance on temporary adjustments for right to work checks.  Continue to adhere to principles of reasonableness if dismissal action is needed e.g. fair hearing, appeal etc. even though in-person meetings will not possible. squirepattonboggs.com 15

CV19 Disruption: Immigration Issues Other issues to consider…  Requirement to submit original signed documents to the Home Office – instead try scanning and emailing to BusinessHelpdesk@homeoffice.gov.uk SCOC@homeoffice.gov.uk or SponsorLicensingReplies@homeoffice.gov.uk  Requirement for continuous residence in the UK for those hoping to acquire indefinite leave to remain or settled status?  Will those outside the UK when their Tier 2 visa expires still be hit by the 12 month cooling-off period? squirepattonboggs.com 16

CV19 Disruption: Global Migration Tracker  Provides easy access to reliable sources of information in the form of links to relevant webpages of governments, national immigration departments and official visa application centres around the world.  Email globalmigration@squirepb.com with your name and email address. squirepattonboggs.com 17

Useful Links: • https://www.gov.uk/guidance/coronavirus-covid-19-advice-for-tier-2-4-and-5- sponsors • https://www.gov.uk/guidance/coronavirus-covid-19-advice-for-uk-visa- applicants-and-temporary-uk-residents • https://www.gov.uk/guidance/coronavirus-covid-19-right-to-work-checks • https://uk.tlscontact.com/ • https://www.vfsglobal.co.uk/en • CIH@homeoffice.gov.uk. squirepattonboggs.com 18