Immigration UK - Right to work in 2023

Who should attend

This course is aimed at those within organisations who have responsibility for immigration issues and compliance with right to work checks. It is suitable for HR, global mobility and legal professionals who oversee this, operate or implement right-to-work checking processes. The modules do not presume prior knowledge of immigration law.

Synopsis

There have been major changes to the right to work checking processes in the last year. Adjustments made by organisations to immigration compliance processes following the end of the Brexit transition period and adjusted right-to-work requirements continue to require careful consideration and review.

A large number of new hires are required to demonstrate they hold permission to work in the UK following Brexit. Some existing employees may have lost the right to work in the UK by failing to register for settled or pre-settled status. The move towards an electronic system of issuing permission to work means that use of UK Visas and Immigration’s online checking system is now essential. Online checks are now mandatory in the case of certain right to work statuses. The introduction of Identity Verification Technology (IDVT) checks and the end of COVID-19 adjusted checks have brought new requirements and challenges to businesses when conducting right to work checks.

This course is led over two mornings by lawyers from our UK immigration team and is the second in a series of modular immigration training courses which we will offer throughout 2023. With use of law, policy guidance and insights from practice, we will help you get up-to-speed with the new requirements and advise about how to manage UK immigration effectively.

Delegates will gain an insight into

strategic and practical issues that HR professionals need to consider when reviewing immigration processes and creating a system which is compliant with the new requirements; as well as considerations on how this system should operate
making a manual and online right to work check and using the Employer Checking Service
in-depth consideration of IDVT in line with Home Office requirements
managing leave to remain expiry for existing employees
how to object to civil illegal working penalties
additional requirements for student workers
managing informal contact from the Immigration Enforcement
practical worked examples of managing problems

Programme Outline

Our first module assesses the requirements of conducting an effective right-to-work check and the circumstances in which this may be conducted through physical documents, on-line or IDVT.

The following module will consider how to effectively manage right-to-work issues as they arise. The issue of right to work intersects with other legal areas and, in addition to the potential problem of immigration non-compliance, we will address GDPR and the issue of discrimination in applying such checks. We will also review the role of audits and inspection in identifying past non-compliance and the reasons to make such checks. The penalty regime will be considered in depth, as will handling compliance visits and informal queries.

Both modules will be supported by observations from our trainers as to how these issues have been managed in practice, with breakout sessions intended for practitioners to share experiences and suggestions. There will be adequate time for questions within each session.

Module 1

09:30 - 11:30

Operating effective right-to-work checks, the legal requirements and implementing a system in practice.

Making the relevant checks from start to finish including practical examples of recording checks:

physical right to work checks;
on-line right to work checks;
IDVT right to work checks (including considerations for selecting a IDSP)

Practical steps to addressing each issue

Module 2

09:30 - 11:30

Handling right-to-work problems

Identifying potential issues:

i. non-compliance

ii. GDPR

iii. Discrimination

EEA employees and transition

Ukrainian nationals and right to work checks

Managing the process through audit and inspection

The penalty regime and action to take on discovering non-compliance

Working with Immigration Enforcement

Common challenges and practical resolutions to these

Cost: £415

All prices are exclusive of VAT

Select a date

23/05/2023 - 25/05/2023
virtual online course
09:30 - 11:30 (Local time)

Eversheds Sutherland is the name and brand under which the members of Eversheds Sutherland Limited (Eversheds Sutherland (International) LLP and Eversheds Sutherland (US) LLP) and their respective controlled, managed and affiliated firms and the members of Eversheds Sutherland (Europe) Limited (each an "Eversheds Sutherland Entity" and together the "Eversheds Sutherland Entities") provide legal or other services to clients around the world. Eversheds Sutherland Entities are constituted and regulated in accordance with relevant local regulatory and legal requirements and operate in accordance with their locally registered names. The use of the name Eversheds Sutherland, is for description purposes only and does not imply that the Eversheds Sutherland Entities are in a partnership or are part of a global LLP. The responsibility for the provision of services to the client is defined in the terms of engagement between the instructed firm and the client.