KNOWLEDGE

CENTRE

Calls to Add Nurses to the Shortage Occupation List

Many nurses will be forced to leave their jobs with the NHS and return to their home countries because of changes to immigration rules, the Royal College of Nursing (RCN) has warned. The new rules say that people...

Employer’s duty to prevent illegal working

UK employers have a duty to prevent illegal working in the UK by people who are subject to immigration control. Where this is not complied with, an employer may face a financial penalty (civil penalty) and...

Analysis of proposed changes to Tier 2

The Home Secretary has asked the Migration Advisory Committee to look at proposals to cut non-EEA work migration. The proposals reveal a tension between what business wants (the brightest and best staff,...

MAC to Consider How to Reduce Migrant Labour Demand

The Migration Advisory Committee (MAC) has been asked by the Government to look at ways the country can reduce work migration from outside the EU, while making sure Britain remains open to the best talent. The...

Retained Rights of Residence following divorce from an EEA national

Advocate General Kokott has recently given her Opinion in Case C-218/14, Singh, Njume and Aly, 7 May 2015, a case concerning retained rights of residence following divorce from an EEA national. Factual Background Messrs...

Opinion Given on Social Benefits Entitlement

An Advocate General of the Court of Justice of the European Union has given his opinion on the legality of excluding EU citizens from certain social benefits in another Member State. This case is one of a series...

Effect of Naturalisation of an EEA National on Family Members’ Rights

The family members of UK nationals are not ordinarily able to benefit from EU free movement law as transposed by the EEA Regulations – there are some exceptions, but the general rule is that only non-UK EU nationals...

Brewster’s £200,000: Spending your Tier 1 (Entrepreneur) Investment Funds

The Tier 1 (Entrepreneur) rules are very clear in stating that migrants in this category must invest all of their investment funds, whether this is £50,000 or £200,000, into the business before making a Tier...

Immigration Health Surcharge Now in Place in UK

People from countries outwith the European Economic Area (EEA), who come to the United Kingdom for six months or longer, now need to pay a ‘health surcharge’. The legislation that introduced said surcharge,...

London Continues to Attract Foreign Investors

London remains the single most important location for foreign direct investment (FDI) in the UK and in fact across the whole of Europe, according to EY’s latest UK Attractiveness Report. The 406 global executives...

Evidential flexibility: What is it and does it mean anything?

The Immigration Rules, particularly the Points Based System, increasingly require migrants and potential migrants to provide Specified Evidence with their applications. Errors and omissions in the...

Van der Elst: Using EU law to send non-EU employees to the UK

If you are a business established in an EU country other than the UK, you may be able to send your employees to the UK on temporary assignments using EU free movement law, providing that the worker meets the following...