H&P Associates Ltd

March 2022

Right to work Checks

Up to and including 30 September 2022, if you are carrying out a temporary adjusted check, you must:

• ask the worker to submit a scanned copy or a photo of their original documents via email or using a mobile app
• arrange a video call with the worker – ask them to hold up the original documents to the camera and check them against the digital copy of the documents, record the date you made the check and mark it as “adjusted check undertaken on [insert date] due to COVID-19”
• if the worker has a current Biometric Residence Permit or Biometric Residence Card or has been granted status under the EU Settlement Scheme or the points-based immigration system you can use the online right to work checking service while doing a video call – the applicant must give you permission to view their details. From 6 April 2022, all biometric card holders will evidence their right to work using the Home Office online service only. You will no longer be able to accept physical cards for the purposes of a right to work check even if it shows a later expiry date.

The temporary adjustments to right to work checks due to COVID-19 will end on 30 September 2022 (inclusive).

MAY 2022 IMMIGRATION UPDATE

We are aware that the Home Office’s Sponsor, Assurance and Investigations Team have contacted some sponsor licence holders by email to warn of inactivity on their Sponsorship Management System.

Sponsor licence holders are required to keep their SMS records up to date, or risk enforcement action. This includes ensuring your key personnel details are up to date.

Please note that it is a condition of your sponsorship licence that records are kept up to date.

You need to access your SMS account regularly to review and update your licence details and to keep up to date with the latest news, messages, and any changes that may be coming up. We recommend that your Level 1 User accesses your account at least once a month.

You must have at least one Level 1 User who is an employee, a partner or a director. If you have more than one Level 1 User, any additional Level 1 Users must be one of the following:

• a paid staff member or office holder within your organisation
• an employee of a third-party organisation engaged by you to deliver all or part of your HR function
• a UK-based representative

Please review your current list of Level 1 Users and also the contact details of your Authorising Officer and Key Contact as shown on your sponsor licence. If any amendments are required, please ensure that these are undertaken on SMS within the next 10 working days.

Sponsors should consider the email as a warning to address potential compliance breaches and avoid further investigation or attention from the Home Office.

If you receive this email from the Home Office, it is advisable to take action quickly to assess the current status of your licence.

• Check your key personnel details – has anybody left and needs to be replaced on the system?
• Check all contact details are correct and up to date.
• Use the Change of Circumstancesform to notify of relevant changes.
• Have a process in place requiring the level 1 user to log in to the SMS at least once a month to check details.

 
While the email doesn’t make clear the consequences of failing to act, we do know that under the sponsorship rules, employers can face enforcement action if they fail to meet their compliance duties. This could include suspension or revocation of the licence, which will impact your ability to continue employing sponsored workers.

Immigration Update March 2022

The Statement of Changes to the Immigration Rules include (but are not limited to):

1. The introduction of the new Global Business Mobility routes:

• Graduate Trainee, replacing the Intra-Company Graduate Trainee route; 
• Secondment Worker, a new route for "overseas workers who are undertaking temporary work assignments in the UK, where the worker is being seconded to the UK as part of a high value contract or investment by their employer overseas";
• Senior or Specialist Worker, replacing the Intra-Company Transfer route;
• Service Supplier, replacing the contractual service supplier and independent professional provisions in the Temporary Worker - International Agreement route;
• UK Expansion Worker, replacing the Sole Representative provisions in the Representative of an Overseas Business route. 

Amendment to Appendix Representative of an Overseas Business to remove provision for Sole Representatives to make initial applications (Media Representatives can continue to make initial applications and both Media and Sole Representatives can continue to make extension and settlement applications).

Amendment to the Rules for Temporary Work - International Agreement to remove provisions for contractual service suppliers and independent professionals.

The introduction of the new Appendix High Potential Individual (HPI) route, which will allow graduates from non-UK universities listed as top 50 on at least two ranking systems (the Times Higher Education World University Rankings, the Quacquarelli Symonds World University Rankings, or The Academic Ranking of World Universities) to come unsponsored for two years if they hold a qualification awarded in the five years prior to the date of application that is equivalent to a UK Bachelor’s or Master’s level degree, or three years if they hold a qualification equivalent to a UK PhD. 

The introduction of a new Appendix Scale-up, “introduce an elite points-based route to attract the brightest and best to the UK to maintain status as a leading international hub for emerging technologies.

Introduction of a new Appendix Settlement Family Life, new Appendix Private Life, and a new Appendix Relationship with a Partner.