#firmday london 24th november 2016 - seabury beaumont 'i ain't afraid of no ghosts. who are you...

Preventing illegal working

Who you gonna call?.Brexit-busters!

Emma BagshawConsultant Senior Solicitor

24 November 2016

15/09/2016Seabury Beaumont Legal Ltd www.seaburybeaumont.co.uk1Right to Work Checks Course

Right to Work Checks Course15/09/2016Seabury Beaumont Legal Ltd www.seaburybeaumont.co.uk2

Brexit-busterWhat have you heard in the news?Bust the myths and find the truthsOr the half truths.!

315/09/2016Seabury Beaumont Legal Ltd www.seaburybeaumont.co.ukRight to Work Checks Course

Brexit has caught us off guard as it wasnt expected.Also the Government wasnt preparedWe are being told that it will be toughNot much coming out of Downing Street but lets bust as main myths as we can or discuss what could happen!Right to Work Checks Course15/09/2016Seabury Beaumont Legal Ltd www.seaburybeaumont.co.uk4

We are no longer part of the EU!

UK remains in the EURemain part of the EU & EEANo change to recruitment of EEA + Swiss nationalsUK visa system unchanged

- Remain part of EUNot sure where you can recruit from see me laterwell have a quick recapNo changes to the Points Based System and the limits on Tier 2 visas remains the same.Right to Work Checks Course15/09/2016Seabury Beaumont Legal Ltd www.seaburybeaumont.co.uk7

BE FR NL FI DE IT AT EEIE CY PT LVEL LU SI LTES MT SK BGPL HR CZ ROHU SE DK UK

NorwayLiechtensteinIceland

SwitzerlandEUEEABilateral Agreement

BE FR NL FI DE IT AT EEIE CY PT LVEL LU SI LTES MT SK BGPL HR CZ ROHU SE DK UK



Rest of the world

Who can work in the UK?British CitizensEEA nationals + SwitzerlandFamily members x EEA nationals + SwitzerlandVisa nationals (points based system)Other visa routes (non points based system)

TierCategory

Tier 1Entrepreneurs & Investors

Closed Post Study WorkersTier 2Skilled migrants with a job offerTier 3Low skilled workersTier 4StudentsTier 5Government Authorised ExchangeInternational Trade ContractsYouth Mobility SchemeStandard Visitor Visa (Business)No employment but can attend meetings/audit/contacts/training

POINTS BASED SYSTEM

Settled status, indefinite leave to remain and permanent residence all have the same meaning72 authorised government exchange schemes Overarching body is the sponsor as opposed to the employer.

A work experience programme.These schemes offer work experience including volunteering, job - shadowing and internships. Work exchange programmes between the UK and other non EEA countries are also included in this category. The aim is for migrants to gain experience of work in the UK. Approved schemes will allow migrants to take part for a maximum of 12 months.b) A research programme. These schemes allow migrants to undertake research programmes and fellowships on a scientific, academic, medical, or government research project at a UK Higher Education Institution or another research institution operating under the approval of a relevant government department. (The relevant government department may also offer financial sponsorship for the institution.) Approved schemes allow migrants totake part for a maximum of 24 months.c) An overseas language programme. These schemes are professional language training programmes that are fully or partially paid for by an overseas government or an organisation affiliated to an overseas government for up to 24 months.d) A training programme. Approved schemes allow migrants to take part for a maximum of 24 months and offer formal, practical training in the fields of science and medicine. This includes training delivered by HM armed forces or UK emergency services training programmes created forqualifying postgraduate students who need to undergo a period of formal training to gain their full qualification before leaving the UK.

The UK has commitments under the:General Agreement on Trade in Service (GATS); b) EU - Chile FreeTrade Agreement ;c) EU - CARIFORUM Economic Partnership Agreement;d) EU -Andean Free Trade Agreement; to allow employees of an overseas business and self - employed people to work in the UK, where they are established on the territory of a country that is a contracting party to these trade agreements, and is delivering a service to a UK customer

Under all Tier 5 categories you can verify that the individual will have funds up to 945

Can only issue CoS 3 months in advance

Youth Mobility Scheme for up to 2 years for Australia, Canada, japan, new Zealand, Monaco, Taiwan residents

Tier 2 Migrant can perform up to 20 hours work for another employer in the same sector or in an occupation on the SOC code list.

1115/09/2016Seabury Beaumont Legal Ltd www.seaburybeaumont.co.ukRight to Work Checks Course

Well be out of the EU by 2017

Here are our Brexiteers.Right to Work Checks Course15/09/2016Seabury Beaumont Legal Ltd www.seaburybeaumont.co.uk14

The Process

UK votes leaveUK notifies EU invoking Article 50 of the Treaty on European Union (2 year period begins)Remaining 27 EU countries meet to discuss withdrawalNegotiations begin between UK and EUDraft deal put to European Council (27 leaders)Needs approval from at least 20 countries with 65% of the populationRatification by European ParliamentAt end of 2 years the negotiations can be extended further but only if all 27 countries agree.If no agreement to extend negotiations then the EU treaties cease to apply to the UKThe UK leaves the EUUK Parliament must repeal the 1972 European Communities Act and replace with new agreementIf UK wants back in it has to apply againRight to Work Checks Course15/09/2016Seabury Beaumont Legal Ltd www.seaburybeaumont.co.uk15

The Process2 years

UK votes leaveUK notifies EU invoking Article 50 of the Treaty on European Union (2 year period begins)Remaining 27 EU countries meet to discuss withdrawalNegotiations begin between UK and EUDraft deal put to European Council (27 leaders)Needs approval from at least 20 countries with 65% of the populationRatification by European ParliamentAt end of 2 years the negotiations can be extended further but only if all 27 countries agree.If no agreement to extend negotiations then the EU treaties cease to apply to the UKThe UK leaves the EUUK Parliament must repeal the 1972 European Communities Act and replace with new agreementIf UK wants back in it has to apply againRight to Work Checks Course15/09/2016Seabury Beaumont Legal Ltd www.seaburybeaumont.co.uk16

Parliament has to remove the legislative ties between the UK and the EURight to Work Checks Course15/09/2016Seabury Beaumont Legal Ltd www.seaburybeaumont.co.uk17

EUs affect on British legislationWorking Time RegulationsMinimum paid leave Agency workers protectionTUPE Maternity leave and payEqual payAnti-discrimination lawsData protection rights

EU regulations automatically have binding legal force in every EU countryDirective has to be implemented in the UKDirect effect on public bodies for the rest it has direct effect when it is brought into UK lawContract law will stay the same.

European Court of Justice influences our own lawsThink rules on holiday pay - accrue holiday even whilst off sickRight to Work Checks Course15/09/2016Seabury Beaumont Legal Ltd www.seaburybeaumont.co.uk18

What can you do?Keep a watching briefLook out for consultationsLook at problem areasSign up to my updates!

Post Brexit - Well have unrestricted access to recruit EU nationals


Migration

Have a wide spread of recruitment some to do with numbers and others to do with skills. Basis of all discrimination law you pick the person who is fluent in French not finding the French national.

330,000 net migration

39,000 outflow of UK citizensRight to Work Checks Course15/09/2016Seabury Beaumont Legal Ltd www.seaburybeaumont.co.uk22

Who chooses to work in the UK? (EU)RomaniaPolandItalySpainBulgaria

(National Insurance cards issued to foreign workers ending March 2016)

How attractive are our workers?


Who chooses to work in the UK? (non-EU)ChinaIndiaUnited StatesAustraliaPakistan

(entry visas issued to non-EU nationals in year ending March 2016)

2013 German government launched a scheme aimed at attracting British apprentices.


food productionagricultureminingmanufacturingdomestic service

15% of construction staff hires EU nationals5% of NHSFood production, agiculture and mining are some of the UK industries that may be fundamentally changed by the EU referendum if migrant labourers are dispelled from the UK, according to the Resolution Foundation.They found that manufacturing, agricuture and domestic service jobs would be most severely affected.Migrant labourers from the EU make up more than 30 per cent of all workers in the manufacture of food products,includingjobs likeprocessing cheese and meat, making baked goods and animal slaughter.Almost a quarter of domestic personnel such as housekeepers and carerscome from the EU while one fifth of those working in the accommodation sector, or in hotels and other tourist industries, come from the EU.Workers from the EU are allowed to continue to work in the UK for the two years of Brexit negotiations, after which their future is uncertain.EU migrants have a higher employment rate than the UK average, research hasshown. Without passporting, which allows the free movement of people, goods and services between countries in the EU, migrant workers from other pWhat this tells me is that the Government is not likely to let those trades/occupations reduce. Skills will be find whatever but it is how that happens. Can it happen without access to free moving labour? Doesnt have to be free labour but could be easily qualified for labour.Right to Work Checks Course15/09/2016Seabury Beaumont Legal Ltd www.seaburybeaumont.co.uk25

OptionsStay in EUStay in EEAArrangement with EU / individual countries



What does this mean post Brexit?The UK Government need to find a way to fill the gaps without hurting the economyFree trade comes with free movement of peopleImmigration control a top priority


Expect a half way house

How did we work in France pre EU?


Post Brexit - Our British passports will be invalid


PassportsBritish CitizenEU Passport

|B|

Not an EU passport signifies British CitizenshipThe passport covers are standardised by the EU and we may be able to change the colour if we so wishAlso there will be an update to the passport front coversRight to Work Checks Course15/09/2016Seabury Beaumont Legal Ltd www.seaburybeaumont.co.uk30

Fraud & Right to WorkWill we see a rise in fraud?Right to work checksHome Office crackdownGet compliant now!

Bound to have changes to right to work documentation more complexMore risk of fraud Greater risk of finesRight to Work Checks Course15/09/2016Seabury Beaumont Legal Ltd www.seaburybeaumont.co.uk31

Post Brexit - Irish workers will be able to work in the UK

MigrationIreland will remain a member of the EUNorthern Ireland remain part of the U.K,Ireland part of the Common Travel Area

More non-EEA nationals coming to UK than EEA nationalsRight to Work Checks Course15/09/2016Seabury Beaumont Legal Ltd www.seaburybeaumont.co.uk34

Common Travel AreaIrelandChannel Islands Isle of Mann


More than likelyContinue to live and work with unrestricted accessPolicing the borders


Post EU - EU nationals will have to leave the UK

77%

EEA NationalsReciprocal rightsPermanent residence after 5 yearsApply for British CitizenshipFamily members rights

More non-EEA nationals coming to UK than EEA nationals

David Cameron non-EEA family members who wish to join their spouse will need to show prior lawful residence in another MS before they can join


We will have an Australian points based system

Post Brexit OptionsStay in the EU and renegotiateStay in the EEABe like Switzerland!Extend current systemsTrue points based system




BE FR NL FI DE IT AT EEIE CY PT LVEL LU SI LTES MT SK BGPL HR CZ ROHU SE DK



Points Based Systems - AustraliaSkilled workers (190,000 cap):65 pointsMore points for shortage occupations mechanics and accountantsAgeRecognised qualificationsPrevious experience working abroadSkilled Worker Sponsored: Not points basedHumanitarian Programme (20,000 cap)Medical examination

Is this model suitable?Remember that Australia wants to attract migrants to live and work in Australia.


Points Based Systems - CanadaPoints based system:prioritises broadly desirable human capital, rather than a specific job offerWeighting on location67 points:EducationEnglish & French Proficiency Work experienceAgeOffer of employmentFinancial backgroundMedical examination


No points based system for us

Where does that leave us?

?


Where does that leave us?Free movement for EU:TouristsStudentsPensionersEU migrants register and return if not jobRest of world cappedTougher regulation on students


Post Brexit - Businesses will find it harder to move staff to other countries

TransfersEU free movement of staffIntra-company transfer rules




It will be more expensive to recruit

Will it be more expensive?Increasing cost of recruitment:1,000 per year - Certificate of Sponsorship Tier 2 visa200 per year - Immigration Health SurchargeVisa adviceRelocationImpact on salaryCheaper employment


What can you do?Keep a watching briefLook out for consultationsLook at problem areasSign up to my updates!

Contact DetailsEmma BagshawConsultant Senior Solicitor

T: 0845 366 5497M: 07786326594E: [email protected]: www.seaburybeaumont.co.uk

Ghostbusters (From "Ghostbusters")Ray Parker, Jr.Ray Parker, Jr.Ghostbusters (Original Soundtrack Album)1984-01-01T00:00:[email protected] 1984 Arista Records, Inc.2016-09-20 09:43:46SonyBMG:isrc:USAR18400008Ghostbusters (From "Ghostbusters")Ray Parker, Jr.Ray Parker, Jr.Ghostbusters (Original Soundtrack Album)1984-01-01T00:00:[email protected] 1984 Arista Records, Inc.2016-09-20 09:43:46SonyBMG:isrc:USAR18400008

#firmday london 24th november 2016 - seabury beaumont 'i ain't afraid of no ghosts. who are you...

Recruiting & HR