The Home Office have announced that they will allow Biometric Residence Permits or EU Settlement Scheme BRP Cards expiring on or after 31 December 2024 as valid travel evidence until at least 31 March 2025.

The UK Home Office is undergoing a significant transformation to modernise its border and immigration systems. As part of this effort, Biometric Residence Permit (BRP) holders are being transitioned to a new digital eVisa system. All BRP cards are expiring on 31^st December 2024, which has caused a massive rush for BRP holders to set up E-Visa accounts.

We have provided an article before explaining how to set up the e-visa account, however many are experiencing difficulties and is causing panic with the expiry date drawing closer.

Expiry of BRPs on December 31, 2024

BRPs held by many individuals will expire on December 31, 2024. It is important to note that this expiry does not affect the underlying immigration status of the holder. For instance, if an individual has leave to remain until September 2025, that status remains valid despite the BRP’s expiration.

The Home Office has confirmed that expired BRPs will still be valid for travel until at least March 31, 2025. During this period, travellers should carry their expired BRPs to avoid any complications. However, it is strongly advised that individuals transition to the eVisa system to ensure continuous and seamless access to their immigration status.

Guidance for visa stamp holders

For individuals with older documents such as ink-stamped passports, these can still be used as proof of rights where permitted. However, transitioning to an eVisa is recommended to benefit from improved accessibility and security. The Home Office has simplified the No Time Limit (NTL) application process to help legacy document holders make this change.

Airlines

The Home Office has worked closely with travel operators to ensure they are prepared for this transition. Airlines have been trained to verify immigration status using eVisas or expired BRPs. Travelers are encouraged to familiarise themselves with the updated procedures to avoid delays. Additionally, a 24/7 carrier support hub is available for verification queries.

Support for Vulnerable Individuals

The Home Office has put in place several measures to assist those who may face difficulties transitioning to eVisas:

• Resolution Centre: Support is available through email, webchat, and telephone for those needing help setting up a UKVI account.
• Assisted Digital Service: In-person support is offered for individuals who face challenges with digital technology.
• Community-Based Support: Specialist help is provided by four grant-funded organisations to ensure no one is left behind.

Individuals can also nominate a trusted person to assist with their account creation and management.

Our comments

The transition to eVisas marks a significant step forward in the UK’s immigration system, offering improved security and convenience. While adjusting to these changes may be challenging for some, the long-term benefits are clear. Individuals are advised to act promptly to ensure their immigration status remains accessible and secure.

This case underscores the importance of staying informed about immigration policy changes. Sign up for our newsletter to ensure that you receive all the latest updates.

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Sumit Singh

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 Restaurants that employ workers without the legal right to work in the UK face significant penalties from the Home Office. However, it’s not just the employment of illegal workers that can lead to fines — the way the penalty notice is issued to restaurants employing illegal workers also matters. To avoid costly disputes and ensure the penalty is enforceable, it’s crucial that the notice complies with legal requirements.

A recent Court of Appeal ruling has clarified key aspects of these notices, shedding light on what restaurant owners need to know to protect their business from unjust penalties.

Akbars Restaurant (Middlesbrough) Ltd v Secretary of State for the Home Department [2024] EWCA Civ 1387

The Court of Appeal’s recent decision in Akbars Restaurant (Middlesbrough) Ltd v Secretary of State for the Home Department [2024] EWCA Civ 1387 provides important clarity on the legal requirements for civil penalty notices issued to employers under the Immigration Asylum and Nationality Act 2006 (the “2006 Act”). The case primarily focuses on whether the penalty notice issued to the employer, Akbars Restaurant, was valid, and whether the Secretary of State (SSHD) was entitled to change the grounds on which the penalty was issued during the appeal process.

The court’s decision addresses two critical issues: first, the sufficiency of the penalty notice in terms of identifying the grounds for liability, and second, the extent to which the SSHD can amend or shift the basis of the penalty during the appeal.

Judgement

In this case, the Court of Appeal ruled that the penalty notice did not need to identify the specific statutory ground under section 15(1) of the 2006 Act that applied. Instead, it was sufficient for the notice to outline the facts and evidence supporting the conclusion that an employee lacked the right to work, and that the employer was therefore liable to a penalty. The court made clear that the notice should identify the reason behind the decision, but it did not need to specify which of the various grounds under section 15(1) applied. This interpretation avoids an overly formalistic reading of the law and places emphasis on the factual basis of the penalty rather than the precise legal grounds.

A key aspect of the judgment was the interpretation of the phrase “state why the Secretary of State thinks the employer is liable to the penalty” in section 15(6)(a) of the 2006 Act. The court confirmed that this requirement is not as restrictive as some might assume. Rather than detailing every possible legal ground under section 15(1), the notice simply needs to provide a clear statement of the facts that led the SSHD to conclude that the employer was liable. This makes the process more straightforward for both the SSHD and employers, as long as the factual basis for the penalty is clear.

Another significant element of the case concerns the appeal process. The court affirmed that, on appeal, the employer is not limited to contesting the penalty solely on the grounds identified in the original notice. Under section 17(3) of the 2006 Act, the court can consider all relevant facts, including those that may not have been identified in the original penalty notice. This means that even if the SSHD initially relied on one ground for issuing the penalty, it is open to the court to examine additional grounds during the appeal. The employer may need to prepare to challenge not just the original grounds cited, but any new arguments or evidence presented by the SSHD.

In practical terms, this means that employers should not get overly focused on the technicalities of the penalty notice itself. While the notice must provide a clear factual basis for the penalty, it does not need to specify the exact legal provision relied upon by the SSHD. Employers who receive a penalty notice should focus on the underlying facts of the case, such as whether the employee had the right to work and ensure they can provide evidence to contest these facts if necessary.

Employers also need to be aware that the grounds for the penalty can evolve during the appeal process. This highlights the importance of being prepared for a broader re-hearing of the case, where the court can consider any relevant facts, not just the original grounds presented in the penalty notice.

Conclusion

Ultimately, this judgment reinforces the need for employers to maintain robust systems for checking the right to work status of their employees. It also underscores the importance of addressing the facts of the case in an appeal, rather than getting caught up in procedural technicalities. Employers should be proactive in ensuring compliance with the legal requirements, and in the event of a penalty, be ready to present a strong case based on the facts, rather than relying on challenges to the wording of the penalty notice.

Have questions? Get in touch today!

Call us on 020 7928 0276, we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

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Sumit Singh

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In a hard-fought legal battle, we successfully secured leave to remain for our client, a long-term resident and NHS pharmacist, after her initial application was rejected by the Home Office. Despite the original decision being made against her, we didn’t give up and continued to pursue the case through multiple levels of appeal. This culminated in a favourable outcome and human rights appeal victory that recognised the strength of our client’s ties to the UK.

Background

Our client had been living lawfully in the UK since the age of 9 and had built a life in the country, both professionally and personally. After being refused leave to remain in 2023, the Home Office argued that her absence from the UK exceeded the threshold of 540 days over the 10-year qualifying period, disqualifying her from the possibility of indefinite leave to remain. They claimed that her residence had not been continuous, largely due to absences, including an extended period during the COVID-19 pandemic.

However, this is where the case took a different direction. The Tribunal initially dismissed the appeal, but we didn’t accept the decision. Recognising the significant impact of our client’s contributions to UK society and her exceptional circumstances—particularly surrounding her extended absence during the pandemic—we appealed the decision to the Upper Tribunal. We argued that the judge had made an error in dismissing key aspects of the case, such as the reasons behind the absences and the overall depth of the appellant’s integration into life in the UK.

In the Upper Tribunal, we successfully argued that the appellant’s absence during the COVID-19 pandemic should be considered exceptional. Travel restrictions had kept her outside of the UK for months, and we presented compelling evidence that this period of absence should not be held against her, as it was entirely beyond her control. The Upper Tribunal agreed, and the case was sent back for a new hearing.

Appeal Hearing

At the rehearing, we focused on the fact that our client had spent the majority of her life in the UK and had established a deeply rooted private life. We also highlighted her work as a pharmacist in the NHS, emphasizing the important role she played in the UK’s healthcare system. The refusal to grant her leave, we argued, would not only harm her personal well-being but also deprive the NHS of a highly qualified professional. The Tribunal accepted this line of reasoning, noting that our client had been a valued employee and had a strong professional and personal life in the UK.

Despite the Home Office’s initial stance that the appellant’s immigration history was precarious, the Tribunal recognised that her long period of lawful residence and her contributions to the NHS were significant factors in her favour.

We also addressed the balance between immigration control and human rights, ultimately making the case that, in this instance, the public interest in maintaining strict immigration rules was outweighed by the negative impact the refusal would have on the appellant’s life. The Tribunal acknowledged that the appellant’s personal and professional ties to the UK were exceptional and that it would be a harsh and disproportionate outcome to remove her.

The decision ultimately allowed our client to remain in the UK, reinforcing the principle that individual circumstances such as long-term residence, professional contributions, and the impact of exceptional events like the pandemic, must be carefully weighed in human rights cases. While the Home Office’s refusal was initially based on a strict application of the Immigration Rules, the Tribunal’s final decision acknowledged that the appellant’s situation merited a more compassionate approach.

Conclusion

This case is a clear example of the importance of persistence in immigration appeals. While the initial decision was a setback, our determination to challenge the ruling and present a well-supported case ultimately led to a successful outcome. It serves as a reminder that legal pathways exist to contest decisions that may fail to fully consider the human aspects of an individual’s life in the UK, particularly when they have made significant contributions to the community and society.

Through this victory, our client has not only been granted the opportunity to continue her life in the UK but has also contributed to reinforcing the principle that immigration decisions should consider the whole picture—the individual’s rights, their contributions, and the exceptional circumstances that may be at play. It was a long road, but in the end, justice was done.

Have questions? Get in touch today!

Call us on 020 7928 0276, phone calls are operating as usual and we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

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Sumit Singh

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The hospitality industry plays a key role in the UK’s diverse labour market, employing millions of people and contributing significantly to the economy. However, following Brexit and the end of freedom of movement, the UK hospitality sector is experiencing an acute skills shortage. Ongoing changes to immigration laws have also created uncertainty and made it difficult for employers to employ hospitality workers from overseas. We covered a report which highlighted some of the challenges facing employers here.

To recruit more diverse and outstanding talent from around the world, it is important for employers to understand and comply with current immigration law. In this article, we will explain how hospitality businesses can employ hospitality workers from overseas to fill their vacancies.

Applying for a Sponsor Licence

For UK hospitality businesses planning to recruit overseas workers, it is essential that the business first applies for and obtains a Sponsor Licence from the Home Office.

Many people have a misconception that only large, high-income companies can obtain a sponsor licence and employ overseas workers. In fact, there is no lower limit for business size when applying for sponsor licence in the UK. Therefore, if run properly, it is also possible for small businesses, such as small takeaway shops and nail salons to be granted a sponsor licence and hire skilled workers from overseas.

To apply for a sponsor licence as an employer in the UK, employers usually need to make sure that the business has the necessary HR system to manage the sponsorship process and meet the sponsor licence duties.  They need to prove that they have the genuine need to sponsor overseas workers for eligible roles and that they will pay a salary that meets the minimum requirements of the skilled worker visa.

Key personnel for sponsor licence

At the same time, the employers need to make sure they have key personnel who are “honest and dependable”. The key personnel would be the authorising officer, key contact, and level 1 & 2 users. An authorising officer is a senior person who’s got the ultimate responsibility for the licence as well as any immigration issues. The key contact is the primary person who communicates with the Home Office, and the Level 1 user should be a British or settled person who is responsible for the day-to-day management of the sponsorship licence and the application for the skilled worker visa (unless the authorising officer is on a Tier 1 visa).

It is up to them to ensure that all of the licence duties as a sponsorship holder are met. All three of these roles can be performed by the same person, in other words, a one-person small company can have the opportunity to apply for a sponsorship licence. However, it is important to note that the above key personnel must not have a criminal or penalty record, as this may affect the licence application.

Do I need a physical office when applying for a sponsor licence?

In light of the rise in remote work, many companies no longer maintain on-site offices, and the Home Office does not strictly require all sponsors to have a physical office. However, for most hospitality companies, a physical office or shop is still necessary. Therefore, the necessity of leasing an office when applying for a work visa qualification must be evaluated on a case-by-case basis, taking into account the specific operational requirements of the company in question.

The core of applying for a sponsorship licence is to prove that the business is genuine, operating, and trading lawfully in the UK. Once an employer submits the sponsorship licence application, the Home Office may also arrange a pre-compliance visit to check if the business really meets  the requirement.

Skilled worker visa for hospitality workers

With the sponsor licence, employers can apply for the skilled worker visa for their foreign candidates. The UK Skilled Worker Visa route enables hospitality businesses such as hotels and restaurants to bring highly skilled overseas workers to the UK on either a temporary or long-term basis. Read our guide to the skilled worker visa here.

Employers then need to apply for a certificate of sponsorship (CoS) and use the certificate to apply for the skilled worker visa for foreign worker to the UK. Employers must assign a CoS to each foreign candidate from the Home Office and each CoS can only be used once. Once the certificate is assigned, the worker must apply for a visa within 3 months.

What fees do I need to pay to employ hospitality workers from overseas?

Regarding the costs that employers are most concerned about, there are three important fees that need to be paid if you want to employ overseas staff.

The first is the application for a sponsor licence, which is £536 for small businesses.

The second is the Certificate of Sponsorship (CoS)  application fee, the key to the skilled worker visa application, with one proviso for each candidate and an application fee of £239.

The Immigration Skills Charge is a tax levy applied to businesses that employ foreign workers. For small businesses, the skills surcharge is £364 for the first year and £182 for every six months thereafter. Therefore, the cost of sponsoring an oversea employee for five years can be up to £1,820.

According to the immigration law, it is the responsibility of the employer to pay the three fees. Other fees, such as skilled worker visa application fees, immigration health surcharges, are not mandatory by law.  Companies will either require the employee to pay these themselves or offer to cover them.

The financial costs of employing overseas staff are sometimes forgotten about by the wider public, but are an important consideration for UK employers, particularly for smaller business.

Other responsibilities

While a sponsor licence has been granted, this does not automatically entitle the employer to issue a UK work visa to any foreign employee. When employing overseas staff, it is essential for UK employers to align the requirements for the candidate role with the standards of skilled worker visa requirements.

Minimum salary

Employers should also ensure that the salary offered to the candidate can meet the minimum standard of skilled worker visa. The Home Office has updated the Skilled Worker salary standard earlier this year, with the minimum salary for a skilled worker visa increasing from £26,200 to £38,700. It is worth noting that, however, the £38,700 figure does not apply to all applicants.

The Home Office has also set out a series of requirements based on different length of work experience and different industries. The rise to the minimum salary for skilled worker visas has had far-reaching effects on hospitality’s labour shortage, particularly in entry-level and junior positions, which are usually in lower salaries. Employers should analyse each candidate’s situation thoroughly and adjust their costs and staffing needs when hiring oversea workers.

Informing the Home Office and Updating Records

Hiring overseas employees is not just about obtaining work visas for them. The employers have the responsibility to inform the Home Office about any changes to the employee’s work and keep updated records. The Home Office has the right to visit and review the relevant documents at any time.

Failure to fulfil the employer’s responsibilities may result in the cancellation of the employee’s UK work visa, as well as potential fines and the suspension or revocation of the employer’s sponsor licence. The Home Office has been conducting increasingly strict compliance checks on sponsor companies, particularly when it comes to hospitality businesses. In the second quarter of 2024, 499 work permits were cancelled and 524 were suspended. This is almost double what it was in the first quarter of 2024, when 519 were either suspended or cancelled.

Medium and big companies usually have more comprehensive HR systems which allow them to operate their records better. Small companies may not have such a system to keep them informed about legal requirements and the consequences of non-compliance. It is therefore crucial for small business employers to maintain good record-keeping and update information in a timely manner.

Which hospitality jobs are classed as being high-skilled roles?

The Home Office uses the job’s Standard Occupational Code (SOC) to assess whether a job is eligible for the Skilled Worker Visa route. While some hospitality and blue-collar jobs may not traditionally be viewed as highly skilled, there are some certain hospitality worker jobs that are eligible under the route and appear in the SOC list. We have organised some common high-skilled roles in hospitality industry: We have listed some of the most common qualified high-skilled roles in the hospitality industry.

• Production managers and directors in construction
• Managers and proprietors in agriculture and horticulture
• Hotel and accommodation managers and proprietors, including caravan park owners, hotel managers, and landladies (boarding, guest, lodging house)
• Restaurant and catering establishment managers and proprietors, including café owners, fish & chip shopkeepers, operations managers (catering), restaurant managers, and shop managers (takeaway food shop)
• Chef, Chef-manager, Food stylist, Head Chef, Pastry Chef
• Cook, Cook-supervisor, Fish fryer, Head cook
• Bar manager, Catering manager, Floor manager (restaurant), Kitchen manager, Steward(club)
• Publicans and managers of licensed premises
• Leisure and sports managers, including amusement arcade owners, leisure centre managers, social club managers, and theatre managers
• Travel agency managers and proprietors
• Hairdressing and beauty salon managers and proprietors
• Conference and exhibition managers and organizers, including conference coordinators, event organizers, events managers, exhibition organizers, and hospitality managers
• Dance choreographers
• Garden designer

Conclusion

The changing immigration rules have made it challenging for UK employers to manage staffing and operating costs, especially hospitality businesses. It is especially important to ensure that employment processes are legally compliant. Lisa’s Law’s Immigration team is experienced in assisting in such matters. We will be able to advise you on the latest requirements and guide you throughout the process.

Should you wish to know more information about the UK sponsor licence or, indeed, skilled worker visa, please do not hesitate to contact Lisa’s Law and our experienced solicitors will be happy to assist you.

Have questions? Get in touch today!

Call us on 020 7928 0276, phone calls are operating as usual and we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

For more updates, follow us on our social media platforms! You can find them all on our Linktree right here.

Sumit Singh

See Full Bio