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Cooking up a storm – Tier 2 chefs

The immigration rules make a distinction between chefs working at takeaway establishments and those working at restaurants.
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Cooking up a storm – Tier 2 chefs

Scotland – a separate system for global mobility?

The Times newspaper has revealed plans by Scottish ministers to pave the way for a bespoke immigration system. Scottish ministers are concerned that Brexit will lead to a fall in immigrant workers, who are vital to the Scottish economy. Alasdair Allan, the Scottish government's Europe minister, raised this as an issue to the Europe Committee earlier in 2017. He said: "The Scottish government will continue to call for a less restrictive and more humane system from the UK which recognises individual and demographic circumstances."
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Scotland – a separate system for global mobility?

Government update on settled status

The Government has published further details on how the new settled status scheme for EU citizens and their family members will work as the UK leaves the EU. In the technical document sent to the European Commission, the Government has pledged that this new system will be streamlined, low-cost and user-friendly and will be designed with input from EU citizens.

Following the UK’s exit from the EU, EU citizens will have up to two years to apply to stay in the UK and obtain settled status. Applications will be decided solely on the criteria set out in the Withdrawal Agreement and there will be no discretion for refusal based on other reasons. As yet, these criteria are not conclusive. However , the Government has confirmed that they will be simple and transparent and will minimise the need for documentary evidence. Unsuccessful applicants will have a statutory right of appeal in line with current rights provided by the Free Movement Directive.

There are also plans to set up a voluntary application process to provide those currently resident with the option to get new settled status at their earliest convenience. This is in recognition of the administrative challenge of granting status to potentially over 3 million EU citizens and their families.

 Negotiations between the UK and EU are ongoing with the next talks set to take place on 9 and 10 November.

 

Government update on settled status

Safeguarding the status of EU citizens: UK and EU negotiation update

The EU and UK have concluded their fifth round of negotiations. Progress has been made on coming to an agreement in relation to the rights of EU citizens living in the UK. Some points are still to be negotiated.
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Safeguarding the status of EU citizens: UK and EU negotiation update

Have your say on the future of the UK immigration system

As highlighted in our September Round-Up, we are participating in the call for evidence of the Migration Advisory Committee (MAC).
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Have your say on the future of the UK immigration system

People Management article, featuring Michael Bronstein

As you may have seen, People Management recently published an article on some of the big developments in employment law in 2017, particularly Brexit and the Taylor review. The discussion featured Michael Bronstein, a partner here at Dentons. Michael gave some insight on the potential effects of withdrawing from the EU on employment legislation, acknowledging that there is 'a common misconception that all employment rights are created by the EU'. In the lead up to triggering Article 50, the government maintained that there would not be any change to workers' rights following Brexit, so it would be brave to take away key protections, many of which derive from UK law anyway. Other commentators suggested there may be reforms to TUPE, although agreed that it will stay, but perhaps in a slightly amended form. As for a new visa regime for workers, the outcome is unclear. The uncertainty has already caused many workers to leave at a time where we are beginning to see a shortage of labour. This has not been helped by the recent leaked Home Office post-Brexit Immigration Policy which has confirmed the fears of employers with respect to the future of EU workers in the UK.
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People Management article, featuring Michael Bronstein

Leaked Home Office post-Brexit Immigration Policy

As many of you will have seen, the Home Office's draft Post-Brexit Immigration Policy was leaked this week, and has since become a topic of much interest. The document has caused concern among many employers, as the stricter controls being proposed on EU immigration could lead to a significant shortage of labour in the UK, which could be hugely damaging to the economy. EU nationals currently comprise around 7% of the overall workforce in UK, with certain sectors almost entirely dependant on their contribution.
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Leaked Home Office post-Brexit Immigration Policy

MAC to examine the role EU nationals play in the UK

The UK government has tasked the Migration Advisory Committee (MAC) to examine the role EU nationals play in the UK economy and society. MAC is the government's independent advisers on migration.
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MAC to examine the role EU nationals play in the UK

Brexit: A ‘Norway-style deal’?

The Labour Party has made it clear that it will not support the 'Great Repeal Bill' in its current form. It was reported last week that at least 15 Conservative MPs are in talks with a group of Labour MPs about a deal which could keep the UK signed up to the principle of free movement after it leaves the EU.
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Brexit: A ‘Norway-style deal’?

The rights of EU citizens in the UK

The UK government’s policy paper setting out its offer to EU citizens and their families in the UK has been published. The offer is different depending on how long a person has been in the UK.

People who have been continuously living in the UK for five years will be able to apply to stay indefinitely by getting “settled status”. A settled status residence document will prove an individual’s permission to continue living and working in the UK. Those already with an EU permanent residence document will be required to apply. The application process should come online before the UK leaves the EU, and hopefully in 2018. The government has pledged to make the application process as streamlined and user-friendly as possible.

A “cut-off date” will be relevant for other people. The “cut-off date” will be the date after which EU citizens will no longer automatically be entitled to stay in the UK. The date is still to be negotiated, but may fall at any point between 29 March 2017, the date that Article 50 was triggered, and the date that the UK leaves the EU.

People who arrived in the UK before the cut-off date, but will not have been here for five years when the UK leaves the EU will be able to apply to stay temporarily until they have reached the five year threshold. They can then also apply for settled status as set out above.

People who arrive in the UK after the cut-off date will be able to apply for permission to remain after the UK leaves the EU, under the future immigration arrangements for EU citizens. We do not yet know what the arrangements will be. The government has said that there should be no expectation by this group of people that they will obtain settled status.

Please see our newsletter at the end of the month for more information on this development.

The rights of EU citizens in the UK