- Migrant Religious Workers – An update
Faith based organisations often look to sponsor religious workers from outside the EEA to enhance their experiences within the organisation. Whilst the term ‘worker’ is prescribed by the UK Visas and Immigration (UKVI) which is part of the Home Office, many organisations rely upon this route to bring sisters, priests and other religious members of a congregation to the UK.
Immigration Advice and Support
In the recent case of Okedina v Chikale, the Court of Appeal held that the contract of employment of a Malawian employee, whose leave to remain had expired, remained enforceable for the purpose of bringing contract-based claims in the employment tribunal.
On 10 January changes were made to the Immigration Rules which mean that organisations can no longer sponsor a migrant in the Tier 5 (Temporary Worker) Religious worker category (under 245ZN of the Immigration Rules) to fill the role of a Minister of Religion.
This category was often used for Priests to come to the UK for short periods to cover temporary periods of absences. This route is also relied upon by congregations who wish for Nuns to come to the UK on short term basis. Julie Moktadir considers the issue further.
As we move closer to Brexit, the reality of the UK's departure from the EU is starting to become a little clearer, and one of the key questions is what will happen to European Economic Area nationals in the UK education market when we leave? Senior Associate Julie Moktadir, an immigration expert at national law firm Stone King, considers the impact and likely legislation change on the UK's education market.
How will the end of free movement impact our Independent Schools? The government published the future skills-based immigration system white paper on 19 December 2018. This paper confirms that only independent schools will be able to sponsor EEA children who come to the UK for their education from 2021. The government have however now commissioned the Migration Advisory Committee (MAC) to look at introducing an Australian-style points-based system. The outcome of which, is of course unknown; however it is likely that if free movement ends, EEA nationals will require sponsorship.
- Do employers need to carry out right to work checks?
Whilst there is no legal duty to carry out such checks (unless you are a sponsor licence holder), employers are nevertheless strongly advised to carry out such checks. Right to Work checks should be conducted on all prospective employees (and existing employees) irrespective of their nationality.
Employment and Immigration Law Seminar
Keep up-to-date on relevant developments in the sector. Surinder Kaur Dhillon, our specialist employment lawyer, together with colleagues from ACAS, will deliver the Employment law update session on case law specific to the sector and new developments which have practical impact on the day-to-day operation of schools.
Julie Moktadir, our immigration specialist, looks at the impact of Brexit for employers and what challenges there will be in the short- and longer-term. Julie will also discuss recent changes to Right to Work checks, and how to ensure compliance.
- Date & Location
Wednesday 9 April 2019
Stone King LLP (ihub 4th Floor), Colmore Gate, 2-6 Colmore Row, Birmingham, B3 2QD.
09:30am: Registration and refreshments
09:50am: Welcome and introduction
10:00am - 11:00am: Employment Law Update with Surinder Dhillon
11:00am - 11:15am: Refreshments
11:15am - 12:30pm: Immigration Law Update with Julie Motkadir
This event is free to attend.
Last week the government published a policy document providing important confirmations about the transitional scheme in place from March 2019, specifically, what will happen in the event of not reaching a deal with the EU.
For more detail about the EU Settlement Scheme please see our previous article: Post brexit eu nationals settled status application.
- Background of the scheme
In anticipation of the UK’s departure from the EU in March 2019 the government has established a settlement scheme for EU nationals, running from 29 March 2019 to 31 December 2020. Under the transitional scheme, EU citizens will have to apply for either settled or pre-settled status.