New Travel Declaration Form
From 8 March 2021, passengers travelling internationally (including essential travel for business) from England must carry a form stating that their trip is permitted under the rules implemented to mitigate the spread of COVID-19. The form must be completed before travel and carried or downloaded on to a mobile. Failure to carry a completed form could carry a fine starting at £200 (but ranging up to £6,400!) This new travel declaration form can be access here.
Migration Advisory Committee ("MAC") launches call for evidence
The MAC has launched a call for evidence on the Intra-Company Transfer immigration route. The MAC are seeking responses and views from anyone with relevant knowledge of this immigration route, whether that's as an employer or representatives on behalf of other organisations, to help inform the MAC's response. There are two online questionnaires where your responses can be populated, Annex A and Annex B, which can be accessed here. The deadline for responses is 15 June 2021.
Updates to Guidance
The Sponsor Guidance for Workers and Temporary Workers was updated on 16 March 2021 to provide clarity on record keeping duties of recruitment activity. The Home Office issued a new section within Appendix D, part 2(b) covering documents that must be retained in relation to recruitment where a resident labour market test is not required (i.e. any vacancies from 1 December 2020). Sponsors will be aware that the resident labour market test was abolished under the new immigration system, but the lack of change to Appendix D until now, meant that records of the advertisement process were still relatively stringent.
This update will undoubtedly be welcome news for sponsors, as the new section is generally less onerous, but importantly sponsors will still need to retain some evidence of how they identified that a worker was suitable for the role. The link to this updated version of Appendix D can be found here.
On 17 March 2021, the Home Office updated its guidance (specifically pages 34 – 35) on right to work checks for EEA nationals during 1 January to 30 June 2021, who are eligible to apply under the EUSS. During this period EEA citizens are able to show just their passport or national ID card in order for the employer to obtain a statutory excuse against a civil penalty for illegal working. The guidance confirms that further updates ahead of 30 June 2021 will be available in due course. The updated guidance can be found here.
If you would like to discuss any aspects of this article or have any other immigration queries, please get in touch with Gemma Robinson in our team.