News

Aug 17, 2020 - Changes to the Coronavirus Job Retention Scheme on 1 September 2020

From 1 September 2020, the government will pay 70% of wages up to a cap of £2,187.50 per months for the hours the employees are on furlough.

Employers will still need to pay furloughed employees 80% of their usual wages for the hours they do not work, up to a cap of £2,500 per month. Employers will need to fund the difference between this and the CJRS grant themselves.

The caps are proportional to the hours not worked. For example, if an employee is furloughed for half their usual hours in September, employers are entitled to claim 70% of their usual wages for the hours they do not work up to ...

Aug 16, 2020 - Court of Appeal ruled that out-of-country appeals do not breach GDPR

The very recent case of Johnson v Secretary of State for the Home Department [2020] EWCA Civ 1032, has confirmed that there is no breach of the General Data Protection Regulation involved in hearing human rights appeals from abroad via video link.

Following Mr Johnson deportation to Jamaica in 2017, Mr Johnson argued that his appeal must be heard in the UK otherwise the use of his personal data will amount to a GDPR breach.

Lord Justice Dingemans was not convinced and dismissed the claim, pointing to the specific GDPR exception for legal proceedings:

… paragraph 14(3) of schedule 2 provides “a...

Aug 06, 2020 - Coronavirus and the UK immigration system (as of 07 August 2020)

If your leave expires after 1 September 2020

You can submit an application form from within the UK where you would usually need to apply for a visa from your home country.

You’ll need to show your application is urgent, for example if you need to start a new job or course of study.

You’ll need to pay the fees and meet all requirements of your visa as normal, except the need to submit the application in your home country.

This is being kept under review.

Aug 05, 2020 - Good news for migrants falsely accused of English language test cheating

Migrants who win an appeal after being wrongly accused of cheating on their English language visa test should now get a proper grant of leave to remain as a result. Following a legal challenge, the Home Office has committed to granting two and a half years of leave to migrants who win a TOEIC appeal based on their Article 8 rights.

The commitment comes after solicitors brought a judicial review on behalf of a client, MM, who was cleared of cheating on appeal but only granted 60 days’ leave. The solicitors describe that as “an insult to the years that he has spent fighting to clear his name”, b...

Aug 04, 2020 - UK chancellor is considering an increase in business rates for most valuable properties

Chancellor Rishi Sunak is considering increasing business rates for the most valuable properties, having called for industry opinion on whether high end shops, offices and other large premises should pay a new, higher business rate.

Feedback has also been requested on proposals to create different rates for different types of businesses. As part of a review of the levy, the Treasury warns that failing to raise enough revenue from business rates could put pressure on "other parts of the tax system".

However, there are concerns the increase could hurt retail firms already struggling, with job lo...

Aug 03, 2020 - Easier access to benefits for family members of people from Northern Ireland

People from Northern Ireland will soon be able to sponsor non-European family members under the light-touch EU Settlement Scheme. The government has recently passed a separate but related measure: the Social Security (Income-Related Benefits) (Persons of Northern Ireland – Family Members) (Amendment) Regulations 2020. The aim of the regulations is to enable such family members to claim benefits in Great Britain “on broadly the same terms as family members of citizens of the Republic of Ireland”.

An accompanying memo explains:

Family members of citizens of the Republic of Ireland granted [pre-s...

Jul 30, 2020 - Coronavirus: PM postpones lockdown easing in England

The further easing of coronavirus restrictions in England - due to come in this weekend - has been postponed for at least two weeks, amid concerns over an increase in coronavirus cases.

Mr Johnson said planned reopening for 1 August would be delayed for at least a fortnight.

That means venues such as casinos, bowling alleys, skating rinks and remaining close contact services must remain closed until 15 August.

Indoor performances will also not resume, pilots of larger gatherings in sports venues and conference centres will not take place, and the planned expansion of wedding receptions to allo...

Jul 29, 2020 - Huge increase in no recourse to public funds applications

The number of migrants applying to lift their visa condition of “no recourse to public funds” in order to access the welfare safety net has surged during the pandemic, new Home Office data shows.

There were almost 5,700 applications to have the NRPF condition lifted in April, May and June 2020, compared to 914 in the same quarter last year — a 520% increase. Around 90% of the applications decided on in that period were granted, although around half were still pending at the end of the quarter.

Coronavirus and the accompanying economic crash have thrown many people out of work, and migrants wit...

Jul 29, 2020 - Coronavirus and the UK immigration system (as of 30 July 2020)

If you are in the UK and your leave expired between 24 January 2020 and 31 July 2020

If you had a visa that expired between 24 January 2020 and 31 July 2020 you were able to request an extension if you were not able to return home because of travel restrictions or self-isolation related to coronavirus (COVID-19).

If you decide to leave the UK

To allow time to make the necessary arrangements to leave the UK, if you have a visa or leave that was due to expire between the 24 January 2020 and 31 August 2020, you’ll be able to stay within the UK to 31 August 2020.

From 1 to 31 August 2020, the cond...

Jul 29, 2020 - New law to ensure furloughed employees receive full redundancy payments

Government brings in law to ensure furloughed employees receive statutory redundancy pay based on their normal wages, rather than a reduced furlough rate.

Workers with more than two years continuous service who are made redundant are usually entitled to a statutory redundancy payment that is based on length of service, age and pay, up to a statutory maximum.

But many of the UK's 9.5 million furloughed workers are being paid at 80% of their normal wage.

This legislation, which will come into force from tomorrow (Friday 31 July), will ensure that employees who are furloughed receive statutory re...

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