Podcasts

The astounding accomplishments of the Inspector General community in 2025

Thu, 19 Mar 2026 14:18:59 +00:00

In the fourth episode of The Inspector General, we focus on the astounding accomplishments of the US Inspector General (IG) community last year. Host Clark Ervin is joined by Andrew Cannarsa, executive director of the Council of the Inspectors General on Integrity and Efficiency (CIGIE), the community’s coordinating body, who discusses the highlights of its recently released “Annual Report to the President and Congress – Fiscal Year 2025.”

Together, the work of IGs resulted in:

Potential savings in government programs and operations totaling nearly US$66 billion
Nearly 2,000 audits and inspection reports issued
Nearly 4,000 successful prosecutions of fraudsters
1,300 successful civil lawsuits

At a time of ever rising budget deficits and mounting national debt, combating waste, fraud and mismanagement in government programs and operations should be top of mind for not just policymakers, but every American. Tune into this episode to learn more about the vital role the IG community plays in making our government more effective, efficient and economical.

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The US Supreme Court’s IEEPA decision on tariffs – behind the headlines

Thu, 05 Mar 2026 09:19:02 +00:00

In this episode of Bad News, Good Lawyers, host Tom Firestone is joined by former Supreme Court clerk and co-chair of our Appellate & Supreme Court Practice Keith Bradley, who provides an in-depth legal analysis of the Supreme Court’s recent decision in Learning Resources, Inc. v. Trump, more commonly known as the “IEEPA decision.”

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*The views expressed by guests on Bad News, Good Lawyers are those of the guest and do not necessarily reflect the views of Squire Patton Boggs.

The politics of presidential pardons – perspectives from best-selling author Jeffrey Toobin

Fri, 27 Feb 2026 11:29:29 +00:00

In this episode of Bad News, Good Lawyers, New York Times contributing opinion writer and best-selling author Jeffrey Toobin discusses his latest book, The Pardon: The Politics of Presidential Mercy, with host Tom Firestone, head of our Government Investigations & White Collar Practice.

Jeffrey engages in a wide-ranging and deeply researched discussion around the evolution of the US presidential pardon – from President Ford’s pardon of Richard Nixon to President Trump’s current term – and his conclusions as to why presidential pardon power should be preserved even though it has often been abused for political purposes. He also explains why he believes that:

President Ford’s pardon of Richard Nixon was a “moral and practical failure”
President Biden’s pardon of his son and relatives “stained the record of the Biden presidency”
President Trump has issued pardons based on “nepotism, favoritism, self-dealing and vengeance”
President Trump “did more to liberate unjustly incarcerated people – and to reduce mass incarceration – than any other president”

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*The views expressed by guests on Bad News, Good Lawyers are those of the guest and do not necessarily reflect the views of Squire Patton Boggs.

Workplace investigations – what should you do if an employee makes a complaint but asks you not to investigate?

Thu, 26 Feb 2026 08:49:59 +00:00

This is the second episode in our Workforce WorldView miniseries on workplace investigations, helping employers understand the ins and outs of investigating complaints in the workplace.

We join Chris Kelly and Grace Lancaster as they discuss what UK employers should do when dealing with a “reluctant complainant” – an employee with a legitimate serious complaint who does not want their employer to investigate their issue for a variety of reasons.

This episode explores not only how employers should handle these complainants, but also why an employee might want to avoid a workplace investigation, what factors to consider when deciding whether to investigate and the legal risks of investigating an employee’s grievance – or not.

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H-1B visa lottery changes – what should US employers expect in 2026 and beyond?

Thu, 12 Feb 2026 10:10:14 +00:00

In our latest episode of Workforce WorldView, Gregory Wald and Samuel Mudrick, partners in our Business Immigration team, discuss the US H-1B specialty occupation visa, a high-skilled visa often used by US employers looking to fill roles that routinely go unfilled due to domestic skills shortages.

They talk through how to apply for an H-1B visa, including H-1B visa requirements and the H-1B registration process, commonly known as the H-1B lottery. The discussion also provides practical guidance on navigating 2026 H-1B visa lottery changes, including the shift toward a wage‑weighted selection system and the implications of the introduction of a US$100,000 fee for certain first‑time applicants.

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The power of law in dictatorships – Professor Ben Nathans on the Soviet dissident movement

Wed, 04 Feb 2026 19:32:19 +00:00

In our latest episode of Bad News, Good Lawyers, host Tom Firestone, head of our Government Investigations & White Collar Practice, is joined by Benjamin Nathans, Alan Charles Kors Endowed Term Professor of History at the University of Pennsylvania.

They discuss Professor Nathans’ Pulitzer Prize-winning book, To the Success of Our Hopeless Cause: The Many Lives of the Soviet Dissident Movement, and explore the role of law in dictatorships, including the concept of “civil obedience” and how a dictatorship’s own laws can be used to combat it.

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*The views expressed by guests on Bad News, Good Lawyers are those of the guest and do not necessarily reflect the views of Squire Patton Boggs.

ICIS Think Tank Podcast: EU Chemicals Regulatory Reforms Risk Being Too Little, Too Late

Thu, 29 Jan 2026 10:00:00 +00:00

Peter Sellar and Gerard McElwee joined ICIS Think Tank podcast host Will Beacham to discuss chemicals regulatory reform in the EU. EU leaders seem to recognise the need for action to reverse deindustrialisation, but it risks being too little, too late for chemicals.

Topics covered include:

EU chemicals regulation needs ambitious reform, not tinkering at the edges
Chemical companies continue to close operations in Europe, partly driven by regulatory costs
Expect a review of Reach regulation and “one substance one assessment” part of the Chemicals Strategy for Sustainability in 2026
Sustainability reporting requirements are being watered down
Proposed changes to the EU Waste Framework Directive will impact chemical recycling sector
Risk of EU moving towards hazard-based assessments, rather than risk
Restriction of lead in ammunition could stifle defence sector

Listen to the full episode on ICIS.

Investigating organized crime – former DEA agent Rob Zachariasiewicz on Venezuela

Tue, 27 Jan 2026 11:37:21 +00:00

In this opening episode of our Bad News, Good Lawyers podcast series, partner Tom Firestone, from our Government Investigations & White Collar Practice, speaks to Rob Zachariasiewicz (Zach) of Elicius Intelligence.

Zach spent 22 years with the US Drug Enforcement Administration (DEA), primarily with the Special Operations Division (SOD), where he developed and managed some of the DEA’s most significant and high-profile cases, including many related to Nicolás Maduro’s regime in Venezuela.

Join us for a fascinating discussion, where Zach, who is also a lawyer, shares his unique perspectives on the Maduro case.

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*The views expressed by guests on Bad News, Good Lawyers are those of the guest and do not necessarily reflect the views of Squire Patton Boggs.

Workplace investigations – what are they and why do they matter?

Wed, 21 Jan 2026 17:00:20 +00:00

This is the first episode in our Workforce WorldView miniseries on workplace investigations, helping employers understand the ins and outs of investigating complaints in the workplace.

We join Chris Kelly and Sarah Lawrence as they discuss what workplace investigations are, when they’re needed and why it’s important to implement a formal process.

The episode also includes the premier of our new “investigations curveball” feature, in which our presenter throws a quickfire question to their guest about a tricky challenge employers can face during an investigation.

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New UK immigration rules proposed for 2026 – what you need to know about the Earned Settlement Scheme

Thu, 08 Jan 2026 12:57:44 +00:00

As part of the UK immigration white paper proposals announced in May 2025, the UK government is consulting on reforming the current settlement system in line with its Earned Settlement Scheme. This includes increasing the qualifying period to qualify to apply for indefinite leave to remain (ILR) from five to 10 years (or up to 30 years in some cases) for individuals in most immigration categories.

In this episode of Workforce WorldView, we join Annabel Mace and May Cheung as they discuss the proposed reforms to UK immigration rules and explore the potential implications for businesses with employees who are impacted by the changes. The government’s “A Fairer Pathway to Settlement” consultation is still ongoing and we encourage businesses to feedback on how the proposals will affect them and what transitional arrangements they would like to see. Listen to the podcast to learn more of these immigration rules changes and their impact if they come into effect as proposed, including what you can do to assist employees looking to qualify for settlement in the UK.

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UK Right to Work Checks – What Are the Risks If an Employee Can’t Prove Their Right to Work?

Thu, 18 Dec 2025 14:34:18 +00:00

In this episode of our Workforce WorldView podcast, Magali Ferreyra Alvarez and Annabel Mace explore the legal challenges businesses often face relating to an employee’s right to work in the UK. They provide practical insights on the complexities of navigating UK immigration and employment law, while managing risk and avoiding civil penalties of up to £60,000 or even criminal prosecution.

They answer key questions, such as:

When should employers carry out right to work checks?
What should an employer do if a new hire or existing employee cannot provide the required proof of the right to work?
Do right to work checks vary depending on an employee’s immigration status, nationality and start date?
What should an employer consider from an immigration and employment law perspective if it thinks that an employee may not or does not have the right to work?
How can employers manage the employment law implications of dismissing an employee for not being able to prove their right to work?
What steps should employers take to ensure compliance with the duty to prevent illegal working and navigate the competing risks of immigration penalties and employment tribunal claims?

For more advice on the prevention of illegal working and right to work checks or any questions relating to UK business immigration matters, please contact your usual team member at the firm, or Annabel Mace, partner and head of UK Business Immigration.

Neurodiversity in the Workplace – How Managers Can Normalise the Conversation

Tue, 09 Dec 2025 17:14:32 +00:00

In this episode of Workforce WorldView, Janette Lucas from our London Labour & Employment team speaks with Kate Dean, a neurodiversity and disability consultant, explore the practical role of line managers in creating neuroinclusive workplaces. They discuss common challenges, why it’s important to normalise talking about neurodivergence, and how simple conversations can make a big difference. The episode emphasises that good neuroinclusion practice is often just good management practice.

A few key takeaways:

What is the confidence barrier for line managers?

Fear of saying the wrong thing and causing offence – and of not knowing what do with the answers they may get – often prevents managers from engaging. But in having the confidence to simply frame the conversations within the process of setting employees up to succeed, line managers play a big part in normalising these conversations into an inclusive workplace culture.

What should managers say – and avoid saying?

Start with open questions like, “How can I best support you?” Avoid minimising experiences or making assumptions such as, “You don’t look neurodivergent.” Respect that many neurodivergent employees could be masking traits – and may be navigating a new diagnosis.

Does diagnosis change the conversation?

While a formal diagnosis can help provide grounding to the conversation (and from an employment law perspective, there may be times where a formal diagnosis or assessment is important to allow an employer to fully understand its legal obligations), often it is more helpful for the focus to remain on individual needs, not labels. Managers should trust what employees share and work collaboratively to identify neurodiversity support strategies that enable success.

What practical strategies help neurodivergent employees thrive?

Alongside making use of organisational adjustments – e.g. assistive technologies, sensory aids such as noise-cancelling headphones, etc. – many neurodivergent people have their own individual coping strategies. In fact, they may often not realise that they have developed and woven these strategies into their lives – line managers should encourage them to recognise and use these personal tools, and support them as they do.

How can employers equip managers for success?

Create a culture where sharing is safe and supported, and move beyond simple awareness to true inclusion by embedding neurodiversity inclusion into policies, office design and leadership training. And of course, help managers to navigate what may be new territory for them, by ensuring they know where to access specialist advice when needed.

Listen and Learn More

Hear the full discussion and practical tips by listening to the podcast – and if you haven’t heard it yet, you can also listen to Part 1 of our Workforce WorldView Neurodiversity in the Workplace discussion, where Janette and Kate consider the advantages for employers of building an inclusive workplace.

To further explore how we can help your organisation build an inclusive workplace and manage neurodiversity effectively, please get in touch with our Labour & Employment team today.

Neurodiversity in the Workplace – Strength in Difference

Wed, 03 Dec 2025 20:51:58 +00:00

In this episode of Workforce WorldView, Janette Lucas from our London Labour & Employment team speaks with Kate Dean, a neurodiversity and disability consultant, about the growing prevalence of diagnoses of neurodiversity – and the opportunities and challenges this presents for employers.

They explore the common misconceptions surrounding diagnoses, and provide practical steps that employers can take to move beyond compliance to create inclusive workplace environments. The conversation highlights why proactive strategies and understanding neurodiversity are essential for talent retention and organisational success.

A few key points from the discussion:

Why is neurodiversity a business priority?

We are told that up to 20% of the UK population is neurodivergent, and reportedly it is now the third most common reason for occupational health referrals. Employers need to recognise this trend as a core workforce issue, not a niche concern.

How should employers handle self-identification?

Long waiting lists mean many employees self-identify rather than obtaining a formal diagnosis. The approach to take will vary on a case-by-case basis, but given the increase in self-diagnosis there is certainly an argument for HR focusing on providing supportive conversations and assisting with strategies proactively for employees who have self-diagnosed, rather than waiting for proof of diagnosis.

What is the link between neurodiversity and employee wellbeing?

Neurodiversity and mental health challenges often co-occur; and even physical conditions can be involved. And of course, when employees have caring responsibilities for neurodivergent family members, this may impact their work lives too. Integrating neurodivergent voices into wellbeing strategies can help reduce absenteeism and improve engagement.

How can inclusion strategies reduce risk and conflict?

Kate recommends moving away from an “us and them” mindset – recognising neurodivergence as one of the many ways that all people think and behave differently from each other – and embedding neurodiversity into inclusion policies, as this may assist with preventing misunderstandings and workplace disputes.

Why does embracing neurodivergent talent drive performance?

Employees with different perspectives bring a great richness of problem-solving, creativity and focus to our organisations, and people who think differently are very much part of that richness. Employers that adapt job design and recruitment strategies can unlock innovation and gain a competitive edge.

Listen and Learn More

Hear the full discussion and practical insights by listening to this fascinating podcast – and look out for Part 2 of the Workforce WorldView discussion on neurodiversity, where we dig into the role that line managers can play in creating an inclusive, welcoming environment.

To further explore how we can help your organisation build an inclusive workplace and manage neurodiversity effectively, please get in touch with our Labour & Employment team today.

Czech Your Paperwork – Hiring Foreign Employees in the Czech Republic

Thu, 09 Oct 2025 05:00:00 +00:00

In this episode of our Workforce Worldview podcast, we join Carine Elliott and Sabina Krajíčková from our Business Immigration team as they discuss the hidden pitfalls that Czech employers face when hiring foreign workers. From overlooked notification duties to issues of staffing agency licensing, the discussion highlights how immigration in the Czech Republic is a strategic HR priority.

Why is immigration a strategic HR issue for Czech employers?

The Czech labour market is one of the tightest in Europe, and key sectors rely on foreign workers, which can involve not only large amounts of paperwork, but also potential legal issues due to the nuances of hiring in the Czech Republic. Employers who fail to plan ahead risk fines, delays and losing talent.

Does hiring EU citizens carry particular risk in the Czech labour market?

While EU citizens do not require visas or work permits, they are still considered foreigners under Czech law. This means the Labour Office must be notified on their first day of employment, including for Slovak employees. In order to avoid issues with a failed notification, companies should run routine audits.

What mistakes are common when hiring non-EU workers?

The most common mistake when offering a job to a non-EU foreign worker is mismanagement of the timeline. Obtaining an Employee Card can take months, but some Czech employers promise candidates that they can start in a few weeks – even though they cannot yet legally employ them. This results in frustration for the candidates, who may then seek a position elsewhere.

How important are notifications for Czech employers?

Notifications to the Labour Office often are a complex part of hiring foreign nationals in the Czech Republic. These notifications must be given not just for hiring, but also events like residence status updates, marriages, student status changes and offboarding. Failure to keep up with these notifications could have companies facing legal issues and fines as a result of inspections.

How are staffing agencies affected by Czech labour regulations?

Czech laws strictly regulate employee leasing, and only licensed agencies are able to lease employees. This means that employers cannot simply “borrow” foreign workers from a partner company, as it would be illegal employment, which carries a large fine and reputational risk.

What is unique about hiring Ukrainian employees in the Czech Republic?

Temporary protections allowed Ukrainians direct access to the Czech labour market, but some are still working under permits and visas – creating confusion in the labour market. Despite having temporary protection, Ukrainian foreign workers still require the usual notifications and paperwork for registration with the Labour Office. This protection must also be renewed periodically to avoid illegal employment.

How can employers avoid the costliest mistakes when hiring foreign nationals in the Czech Republic?

The hiring of foreign nationals in the Czech Republic can be a complex undertaking. The processes are slow, and mistakes are common, but they can all be avoided with the proper planning. Employers should be setting up routine audits to keep documentation organised and stay on top of notification alerts. For more details on how to navigate Czech employment law, please contact a member of our Labor & Employment team.

From DOJ to NASA to USAID – Paul Martin on a Career in the Inspector General Community

Tue, 16 Sep 2025 05:00:00 +00:00

In the latest episode of The Inspector General podcast series, we hear from the former Inspector General of USAID and NASA (and former Deputy Inspector General of the Department of Justice), Paul Martin, as he:

Reflects on what he's achieved and learned over the course of his distinguished decades-long career in the Inspector General community
Explains why every American should know and care about the work Inspectors General do to make our government more effective, efficient and economical

Listen in here.

We hope you will continue to join us for this engaging series.

Why Are UKVI Audits on the Rise – and What Should Sponsors Expect?

Thu, 11 Sep 2025 05:00:00 +00:00

With over 1,000 Home Office staff redeployed to UK Visas and Immigration (UKVI) enforcement teams, and an 81% rise in the number of civil penalties issued in early 2025, employers, as well as those who are sponsors, face heightened scrutiny. Osheenn Giam and May Cheung from our Business Immigration team explore this sharp increase in UKVI compliance audits and enforcement actions, outlining what sponsors need to prepare for, along with common pitfalls – and how to stay compliant.

What is driving the surge in audits?

With the political climate focusing increasingly on UK immigration enforcement, and the government’s Immigration White Paper putting more resources into compliance, the Home Office has ramped up its auditing efforts.

What happens during a Home Office audit?

You can expect checks that authorising officers are aware of their duties, and on processes to monitor sponsored workers. Employee files must be accessible; there will be right to work checks, and interviews with the workers to confirm they are in their sponsored roles.

Are contractors and agency workers now under scrutiny?

While right to work checks are not currently required for non-employees, there has been an apparent shift in compliance officers’ expectations: sponsors are now more frequently being asked about right to work checks for workers not employed by the business.

What are the consequences of non-compliance?

Sponsors risk licence downgrades – meaning they cannot sponsor new workers – as well as suspensions or even revocations. A revoked licence can lead to visa curtailment for workers and their dependants, and a 12-month ban for the sponsor on reapplying.

What counts as a major vs. a minor breach?

Major breaches include having illegal workers, sponsoring nongenuine roles not in line with the conditions, or supplying workers to third parties. Minor breaches, like temporarily being without an authorising officer, or not reporting small changes in details, can still lead to serious consequences if it is evident that there is a series of them.

How can sponsors stay compliant?

It is vital to ensure records are complete and accessible, even during unannounced visits. Regular internal audits, clear right to work processes, and keeping authorising officers well informed of the requirements, duties and processes, are key to avoiding enforcement action.

Is your business audit-ready?

With compliance now a top priority for the Home Office, sponsors must be proactive and prepared. Review your processes, train your teams, and ensure your records are audit-ready, because the consequences of non-compliance are too serious to ignore.

Exiting Contracts and Handling Suppliers in Distress

Mon, 08 Sep 2025 05:00:00 +00:00

In this final episode of Supply Chain Reaction, Nicola Smith, Simon Jones, Victoria Callicott and Ollie Ward-Jones consider strategies for exiting contracts and managing supplier insolvency. The team takes a closer look at termination rights, the legal risks of getting termination wrong and how to prepare for, and respond to, supplier financial distress. They share practical steps for risk assessment, supply chain diversification, contingency planning and retention of title.

With insights on red flags and legal protections, as well as real-world examples, this episode equips businesses to navigate high-stakes scenarios with confidence and resilience.

Navigating Regulatory Compliance Issues: A Case Study of a Defective Engine

Mon, 01 Sep 2025 05:00:00 +00:00

In this episode of Supply Chain Reaction, Nicola Smith, Simon Jones, Victoria Callicott and Ollie Ward-Jones discuss how businesses can respond to regulatory issues, through the lens of a real-world scenario involving a defective engine. The team reviews immediate actions, legal obligations, stakeholder communications and corrective measures such as recalls and relabelling. They also cover potential civil claims, the importance of legal privilege and how indemnities and liability clauses can shape outcomes.

With practical advice on crisis management, financial risk and reputational protection, this episode helps businesses prepare for, and respond to, regulatory incidents.

Navigating Daily Challenges in Supply Agreements

Tue, 26 Aug 2025 05:00:00 +00:00

In this episode of Supply Chain Reaction, Nicola Smith, Simon Jones, Victoria Callicott and Ollie Ward-Jones delve into how businesses can effectively manage everyday challenges in supply agreements. From delivery delays and quality issues to tariff impacts, supplier refusals and early signs of financial distress, the team shares practical strategies for navigating disruptions. They also cover proactive contract management, contingency planning and how to stress-test suppliers to maintain resilience.

Packed with practical guidance, this episode helps manufacturers stay agile and compliant in a rapidly changing global landscape.

Manufacturing Perfect Contracts

Mon, 18 Aug 2025 05:00:00 +00:00

In this opening episode of Supply Chain Reaction, Nicola Smith, Simon Jones, Victoria Callicott and Ollie Ward-Jones explore how to build strong, resilient supply chain contracts. The team discusses the importance of clear drafting, key clauses to manage risk and disputes, and how contracts can support regulatory compliance and financial stability.

Packed with practical guidance and real-world examples, this episode helps businesses avoid common pitfalls and strengthen their contractual foundations.

Navigating Updates to Belgian Business Immigration Law – Is Your Company Prepared?

Thu, 14 Aug 2025 05:00:00 +00:00

Belgium is streamlining its business immigration law while tightening eligibility for Belgian work visas. We join Rob Hermans and Marga Caproni as they explore recent Belgian immigration law changes at the federal and regional levels.

A few key takeaways from the discussion:

What’s changing in Belgian business immigration law?

At the federal level, expect a new multi-entry visa for short stays. For long-term Belgian work permits, regional and federal authorities will review applications simultaneously to speed up processing. The Flemish region has already introduced a fast track for highly qualified applicants applying for a single permit.

The single permit – what is it, and how is it processed?

The single permit is a combined work and residence permit. It’s processed by the regional and federal authorities, with each application requiring approval from the regional Ministry of Economy and Work and the federal Foreigners Office.

What’s new for highly qualified workers applying for a Belgian work visa?

To attract top talent, the Flemish government has introduced a fast track for single permits for highly qualified applicants, reducing processing of applications to 15 days for their part of the process. However, stricter requirements add additional complexity to Belgian work permits, as applicants must now demonstrate their higher degree (which gives them access to the simplified procedure) is essential to their role.

What about lower- and medium-skilled workers?

The latest changes in the Flemish region mean it will no longer be possible to obtain a single permit for lower-skilled workers, with priority given to Belgian and EU citizens for these jobs. The process will also be stricter for medium-skilled workers, who must pass a more extensive labour market test.

How will employers be affected by the Belgian immigration law changes?

Tougher Belgium visa requirements will make it harder to support Belgium visa applications. For medium-skilled workers, you must show that no suitable local candidates are available – even after offering on-the-job training – before recruiting overseas. For highly qualified roles, you’ll need to prove the job requires the applicant’s specific qualifications.

Why should employers prepare for the changes – and how can we help?

Keeping up with evolving Belgium visa requirements – which vary across the regions – can improve your success with Belgium visa applications when hiring outside the EU. Listen to our podcast for further insights on how these Belgian immigration changes could impact your employment strategy – or contact our Labour & Employment team for tailored advice on how to prepare.

Major UK Immigration Changes Enforced on 22 July 2025 – What Do Employers Need to Know?

Tue, 22 Jul 2025 05:00:00 +00:00

UK immigration news is a hot topic for employers, especially as the new UK immigration rules take effect, making it more costly and complex to sponsor workers from overseas. We join May Cheung and Annabel Mace as they talk through the recent reforms and their implications for sponsoring employers. While the discussion was recorded prior to the new UK immigration rules, it outlines steps to take following the UK visa updates, as well as future changes proposed in the recent UK immigration white paper.

A few key points from the discussion:

What new immigration rules are introduced on 22 July 2025?

The major UK visa updates include elevating the skill level for the Skilled Worker category back to RQF level 6, meaning many roles no longer qualify for sponsorship. However, transitional arrangements allow current skilled workers to continue their employment and apply for extensions.

Are roles below RQF level 6 no longer eligible for sponsorship?

Not entirely. The new Temporary Shortage List permits sponsorship for 52 roles below RQF level 6, but this is temporary while the Migration Advisory Committee assesses what roles to include on the list to address long-term shortages in the UK job market.

Will there be new salary thresholds for skilled workers?

Yes. The minimum general threshold has increased to £41,700, along with increased minimum going rates for SOC codes. The salary threshold has risen to £33,400 for those relying on the new entrant rate, and to £31,300 for those relying on the previous transitional arrangement.

The new rules are complex – what are some of the challenges for sponsors?

Minimum salary requirements depend on various factors, so there’s a lot to consider when determining the correct salary for a certificate of sponsorship for a skilled worker visa. If there’s an error, a visa application could be refused, so it’s important to ensure accurate salary reporting – or ask one of our immigration lawyers to assist.

What should employers do if sponsoring an employee with an expiring visa?

Check if the job role meets the new RQF level 6 criteria for a skilled worker visa. If not, assess if the role falls under the Temporary Shortage List to determine eligibility for sponsorship under the UK work permit visa system.

Will there be more UK immigration changes later this year?

Yes. Additional immigration updates outlined in the recent UK immigration white paper, including an increase in the immigration skills charge and new English language requirements for adult dependants, are anticipated in autumn.

For further insight on UK immigration news as it evolves, including UK sponsorship visa updates and the latest UK immigration visa rules, please do get in touch with a member of our Business Immigration team.

Investigating Sexual Harassment at Work – How Should I Handle Allegations Against Senior Employees?

Mon, 21 Jul 2025 05:00:00 +00:00

Most organisations will need to conduct investigations into allegations of harassment at work at some point. While these workplace investigations are inherently complex and require a careful, sensitive approach, sexual harassment allegations against employees, particularly senior employees, can introduce additional complexity. Chris Kelly and Hannah Laming discuss the challenges you are likely to face when addressing such allegations.

The complainant wishes to avoid a workplace harassment investigation – do I still need to address the allegations?

Often, complainants are reluctant to pursue workplace investigations due to fear of retaliation, especially when the accused holds a senior position. While the law protects complainants and there are steps you can take to reassure them, ultimately you may need to balance their wishes with both your duty to take reasonable steps to prevent sexual harassment at work under the Equality Act 2010 and any risk to the safety of other employees the alleged harasser may come into contact with. You should assess whether the risk of not investigating outweighs the risk of overriding the complainant’s wishes.

How should I approach sexual harassment allegations with potential criminal implications?

It is important to separate your internal workplace harassment investigations from any related criminal inquiries. A criminal investigation can take considerable time, so waiting for its outcome may delay your workplace investigation. As an employer, you should independently assess whether disciplinary measures are warranted based on the likelihood of the employee’s misconduct at work.

If a senior employee is accused of sexual harassment, how will this impact a workplace investigation?

Regardless of the accused’s seniority, a thorough workplace harassment investigation is essential. However, there may be additional considerations if there are business implications. You may need an external investigator to help navigate these complexities effectively.

Is a settlement agreement a good resolution to a workplace harassment investigation?

When contemplating negotiating a settlement agreement or nondisclosure agreement with a complainant, exercise caution to ensure compliance with legal requirements. Consider how these agreements may influence employee and client perceptions of your business culture – there could be repercussions for your company’s reputation.

How can I prevent sexual harassment at work?

Rather than waiting for formal sexual harassment allegations to surface, take proactive steps to foster a healthy workplace culture that addresses potential issues before they evolve into workplace harassment investigations. Establishing effective workplace policies or conducting a culture review can significantly reduce the risk of reputational damage and legal liabilities.

Please reach out to Hannah and Chris to see how our Labour & Employment team and Government Investigations & White Collar team can support you with this.

Business Travel to Germany – Do I Need a German Work Visa for My Employees?

Thu, 03 Jul 2025 05:00:00 +00:00

When an employer considers sending employees to Germany for work, we often advise on whether they need a German work visa. Understanding the intricate requirements surrounding German work visas can help you to comply with German immigration law.

In the latest episode of our Workforce WorldView podcast, Laura Sparschuh and Dagmar Nolden delve into employer obligations when sending employees to Germany, focusing on whether German work visas are necessary for both short-term and longer-term assignments for citizens from the US, the UK, Australia, Israel, Japan, Canada, South Korea and New Zealand.

How long can employees work in Germany without a visa?

Typically, employees can travel to Germany without a visa for stays of up to 90 days. However, Laura and Dagmar emphasise the importance of distinguishing between the types of business activities that are permissible without a German work visa and those that necessitate one. These distinctions can assist in determining whether a visa is needed for your employees.

Will my employees need to avoid particular work if they don’t have a visa?

Employees are generally prohibited from engaging in economic activity while on a business trip to Germany. Misunderstandings regarding what qualifies as “business travel” can lead to significant penalties if the distinction between business and economic activities isn't adhered to under German immigration laws.

As an employer, what can I do to avoid penalties?

Planning ahead and carefully assessing whether an assignment to Germany qualifies as a legitimate business trip is essential. If employees are expected to undertake economic activities, pursuing a German work visa may be necessary. This evaluation is key to avoiding potential penalties.

What German work visas are available for longer-term business travel?

For extended assignments (ranging from 90 to 180 days, or even longer), the Intra-Company Transfer (ICT) Card is a strong option, allowing qualified employees to work in Germany with fewer hurdles than other German work visas, such as the Blue Card. While the ICT Card is quicker to obtain, it does not extend to family members, whereas the Blue Card does.

Determining whether a German work visa is needed for employee business travel can be challenging, given the somewhat abstract definition of economic activity. Listening to our podcast is a good starting point to help you understand your obligations. If you'd like to know more about intra-company transfers, German work visa requirements, or any other topics discussed by Laura and Dagmar, please don’t hesitate to reach out to a member of our Business Immigration team.

A Conversation With Former Department of Defense Inspector General Robert Storch

Wed, 04 Jun 2025 05:00:00 +00:00

In this episode of The Inspector General podcast series, former Department of Defense Inspector General Robert Storch joins me to discuss:

His long and distinguished career in the Inspector General community
What Inspectors General do and why it is important
His thoughts about how Inspectors General can be further empowered to root out waste, fraud, abuse and mismanagement in the programs and operations of our government

Navigating Regulatory Compliance Issues: A Case Study of Products Contaminated With Peanuts

Thu, 29 May 2025 05:00:00 +00:00

This latest episode of our podcast series with the Food and Drink Federation (FDF), Supply Savvy, focuses on handling regulatory compliance issues, using a case study of peanut contamination in products. Partner Nicola Smith leads the discussion with partner Simon Jones, partner Victoria Callicott and director Ollie Ward-Jones on immediate actions, communication with stakeholders, legal obligations, corrective actions and potential claims for compensation. The importance of legal privilege and practical steps to manage contamination issues are highlighted.

You can listen to this podcast episode on the FDF podcast website.

As an Employer, Am I Obliged To Sponsor a Skilled Worker?

Thu, 22 May 2025 05:00:00 +00:00

This is a question we have heard more and more in recent years, as the cost of sponsorship has risen – and the number of sponsorship-eligible jobs has increased. Our latest Workforce Worldview podcast sees Carine Elliott discussing the issue with Annabel Mace – who is both an immigration and employment lawyer, so ideally placed to pick apart the details.

The simple question: does an employer have to sponsor an international worker?

Not necessarily, but unless the employer has an “objective justification” for not sponsoring, then they could be at risk of a discrimination claim.

So, what is an objective justification?

The simplest examples are that the role itself doesn’t qualify for sponsorship (e.g. it’s not skilled enough), or – if the role does qualify – that the candidate in question is not the best person for that role. Beyond that though, it gets trickier.

If there are UK-based applicants too, is that an objective justification for not sponsoring an overseas worker?

That used to be the case, but there is now no requirement for a resident labour market test – being able to recruit from the resident workforce is no longer an argument you can rely on.

Can the burden of high sponsorship costs be a justification?

In short, no. Costs have risen a lot since the courts decided this, but that decision is still the key reference. Even if this were tested in court again, employers might have difficulty establishing that a high cost is actually a prohibitive cost.

What if the employer is not a registered sponsor?

The answer is much the same as the previous question: the cost of a licence is not necessarily a burden – especially as it can be used for more employees in future – and so is not automatically a justification.

Can you simply say that applicants must already have the right to work in the UK?

You will need to be able to justify this position – if you try to limit applications from candidates who require sponsorship, you need to be very careful in wording the advert. Annabel’s advice is that it’s safest to avoid this approach at all.

The takeaway is, of course, that it is a complex area. Some business justifications – which may seem entirely valid – might well not stand up to scrutiny at a tribunal, so you absolutely need detailed advice from our immigration and employment experts! First port of call: listen to our podcast, and see what Carine and Annabel have to say.

The Recipe for Perfect Contracts

Fri, 16 May 2025 05:00:00 +00:00

In collaboration with the Food and Drink Federation (FDF), we have launched a new four-part podcast series, Supply Savvy, aiming to provide valuable insights into supply chain risk management in the food and drink industry.

Hosted by partner Nicola Smith, who specialises in regulatory compliance, alongside supply chain risk management and litigation partner Victoria Callicott, commercial partner Simon Jones and director Oliver Ward-Jones, who specialises in supporting suppliers in distress scenarios, the series sets out how businesses can navigate daily or common supply chain challenges.

In the inaugural episode, “The Recipe for Perfect Contracts”, our UK legal experts delve into the critical role that well-crafted contracts play in mitigating supply chain risks. You can listen to this podcast episode on the FDF podcast website.

Flex Appeal: The Battle for Hybrid Working

Wed, 07 May 2025 05:00:00 +00:00

With much in the press concerning hybrid working – and the significant shift in just how much of it employers are willing to allow – Sarah Wilkinson from our UK Labour & Employment team discuss this sometimes thorny issue, and what you need to be thinking about as you navigate your way through it.

Sean begins, sensibly, at the beginning…

How easy is it for employers to bring remote working employees back into the office?

Your first port of call is simply to check the contractual basis for your staff working from home. That will guide the process for bringing them back – and how feasible that might be.

If employees make flexible working requests, what responsibilities do employers have?

Naturally, there are several things to consider here, but key among them is that any request must be considered on its individual merits, not simply rejected.

What sort of reasons for rejection count as valid?

Employers may only reject a request relying on one or more of the eight lawful reasons given in the statute. These are all fairly logical, such as whether the requested changes could adversely affect the business – if service delivery would suffer, for example, or if someone else’s workload would increase.

And what grounds might employees have for challenging a rejection?

The main one is that the rejection is based on incorrect facts, but where employers have given requests genuine consideration, such claims have rarely been successful. Changes are afoot, however, that look set to require more detailed justification from employers.

What other watch outs are there for employers?

A key risk of refusing any flexible working request, not just a homeworking one, has always come from an indirect discrimination claim.

Indirect discrimination is concerned with a provision, criterion or practice (PCP) which is applied to everyone, but which in reality has the effect of disadvantaging a group of people with a particular protected characteristic. Where such a PCP disadvantages an individual with that characteristic, it will amount to indirect discrimination unless it can be objectively justified.

Employers should also be aware of the non-legal risks – these mainly involve issues of reputation, recruitment, retention, motivation and productivity.

The working from home landscape is in a state of flux, and the unique relationships between individual employees and employers means there can be no one-size-fits-all approach – these points are just a snapshot of what Sean and Sarah discuss at much greater length here in this Workforce Worldview Podcast.

Their conversation throws up a lot of very useful and interesting information and is well worth checking out. For more tailored advice on your situation with flexible working requests – and all things labour and employment – do reach out to our Labour & Employment team.

Spain's Digital Nomad Visa – Who Is It For and How Does It Work?

Thu, 10 Apr 2025 05:00:00 +00:00

For those with remote jobs who could work just about anywhere – and would like to do so from Spain – the Digital Nomad Visa may be very attractive. So, in this episode of Workforce Worldview, Marta Extremera and Juan Nasarre from our Madrid employment and immigration team discuss the procedures and requirements needed for a successful application, as well as outlining the benefits.

Marta opens with the two main questions:

What is the Digital Nomad Visa, and who can apply for it?

It is a permit that allows non-EU citizens (and their dependents) to live in Spain while they work remotely for companies outside Spain. Some work can also be done for Spanish companies too, as long as this is in addition to the main remote work.

Can a freelancer be a digital nomad, or is it only for employees?

As long as they can prove they have a contracted professional relationship with a foreign company for at least three months, then freelancers can indeed be digital nomads.

What do you need to apply (and how long does it take)?

It takes 20 days – although this can vary – and various documents are needed to support the application, e.g. proof of a work contract and financial means, a criminal record check, etc., as well as Social Security registration (and it must all be translated into Spanish).

So, the remote worker has to register with Spanish Social Security?

Yes – this is mandatory. Juan outlines the procedures and how they differ according to whether the worker is employed or self-employed, and their country of origin.

Where do you apply for a Digital Nomad Visa?

You can go through a Spanish consulate or embassy, but applying directly while in Spain as a tourist is quicker and easier, and gets you a three-year permit (rather than the one-year permit you get when applying from abroad). And this time counts towards residence when applying for Spanish nationality – so this is a big advantage if that is your intention.

What are the benefits?

Apart from the Spanish culture and climate that may attract many people, being legally resident in Spain as a digital nomad means access to healthcare and education, free movement in the EU, and can also mean a very favourable special tax regime.

Marta and Juan discuss it all in plenty of detail but, as always, if there is anything you need to know, get in touch with our employment and immigration lawyers and talk it through.

A Primer on What Inspectors General Are, What They Do, and Why You Should Care

Tue, 01 Apr 2025 05:00:00 +00:00

This first episode provides an overview of the role of federal Inspectors General and answers key questions, including:

Who appoints Inspectors General, and who can remove them?
What authorities do Inspectors General have, and what work do they do?
What are the differences between and among Inspector General investigations, audits and inspections?
What can prompt an Inspector General inquiry, and what happens following an inquiry?

Sponsorship Licences: How Does the Home Office’s Guidance Affect the Cost of Sponsorship?

Thu, 13 Mar 2025 05:00:00 +00:00

In this episode of our Workforce Worldview podcast, we join Osheenn Giam and May Cheung as they discuss the costs associated with sponsorship for sponsoring entities. They outline what costs are due for sponsoring an employee, what costs can be recouped from the sponsored worker and how the Home Office’s newest guidance could affect these costs.

What fees need to be paid for a sponsorship licence?

A variety of fees are associated with sponsorship. These include visa fees, a health surcharge of £1,035 and the skills charge levy, which can cost over £8,000 for a three-year visa.

Who pays the cost of fees associated with sponsorship?

Until recently, many sponsors passed on all the fees to the immigrating worker, except for the skills charge levy. However, as of 31 December 2024, the Home Office has prevented businesses from recouping the cost of the sponsorship licence and related administrative cost for fees assigned on or after 31 December 2024. But sponsors are not prohibited from passing on the cost of the visa application or the health surcharge.

How can a sponsor minimise costs if a sponsored employee leaves the company soon after joining?

While most sponsors cover all the cost for the sponsored employee, many make use of clawback agreements to protect their investment. A clawback agreement ensures that if an employee leaves the company before a certain amount of time has passed, they will need to repay part of the cost for the visa application.

Is there any way to recoup costs if the sponsored employee leaves after the period specified in the clawback agreement?

Typically, no, there is no way to recoup the cost once a sponsored employee leaves after the set period in the clawback agreement. However, depending on when the sponsorship ends, the Home Office may refund part of the immigration skills charge once a sponsoring entity reports the end of the sponsorship.

Any tips or advice?

There are lots of details to consider and May and Osheenn talk through plenty of do’s and don’ts. Key among them is to be aware of any updates in the guidance from the Home Office on what costs sponsors can and can’t recoup. Sponsors should also consider how they can recoup money while also assisting potential employees with large fees such as using clawback agreements or loans to the individual and, most importantly, talk to one of our immigration lawyers!

Sponsorship Licence Guidance: What Changes Should Be Reported to the Home Office?

Thu, 13 Feb 2025 06:00:00 +00:00

In this episode of our Workforce Worldview podcast, we join Carine Elliot and May Cheung as they discuss the guidance on what kind of changes to the employment of sponsored employees and sponsorship licence holders need to be reported to the Home Office. They go over which changes need to be reported, the deadlines for reports and details about the processes for documenting these changes in a prompt and orderly fashion.

What kind of changes with sponsored workers must be reported to the Home Office?

There are many things that may need to be reported to Home Office when it comes to sponsored workers. These can include not starting a position within 28 days of the start date on their sponsorship certificate, going on unpaid leave for more than four weeks or salary reductions. To view the full list of reasons for a report please read through the official sponsor’s guidance.

What is the deadline for reporting changes with sponsored workers?

Most of the changes have a strict reporting deadline of 10 working days after the change.

Do any changes with sponsored workers require ending the sponsorship?

Yes, some changes to the status of a sponsored worker will require ending the sponsorship. This includes things like taking more than four weeks unpaid leave without an approved reason like maternity leave, or when that workers position significantly changes requiring a new SOC code.

Are there any changes to sponsors or linked entities that need to be reported to the Home Office?

Yes, some of these changes include change of address, change in company name, change in the size of the company itself, change of ownership which we covered in Episode 12 of Workforce Worldview, as well as change of officers among others. All changes made to any entities present on the sponsorship licence must be reported.

What should you do if you are late to report to the Home Office or miss reporting entirely?

If the Home Office notices a pattern of multiple late reports, then they can arrange a visit to the sponsor’s workplace or act against the licence. That said, it is always better to report late rather than not at all, as it will give you an opportunity to provide reasoning and offer some kind of defence against disciplinary action.

Any tips or advice?

There are lots of details to consider and Carine and May talk through plenty of do’s and don’ts. Key among them is to have systems in place to monitor potential changes to the employment of sponsored employees, as well as changes sponsoring entities to avoid being caught unaware by the quick deadline and, most importantly, talk to one of our immigration lawyers!

Sponsorship Licence Guidance: What Recordkeeping Duties Does a Sponsor Have for Recruitment?

Thu, 16 Jan 2025 06:00:00 +00:00

In this episode of our Workforce Worldview podcast, we join Osheenn Giam and Annabel Mace as they discuss the new guidance for sponsoring entities when it comes to recordkeeping. They focus on which documents need to be preserved from the recruitment process of a sponsored employee. This includes which records need to be kept from recruitment, how the new guidance compares to the previous labour market test and what situations change the kinds of documents needed, among other questions visa holders and sponsored worker employers may have.

Why do visa sponsors have to keep records from the recruitment process?

Many of the rules for sponsor recordkeeping are to ensure genuineness. In other words, the Home Office wants to ensure that if a position has been posted that it is a real position, there was a proper recruitment process and in has not been set up as an excuse to hire a pre-existing candidate specifically. The position itself must be genuine.

Does every visa sponsor have to keep the same recruitment records?

What records must be kept from recruiting will depend on the recruitment process itself. For instance, if the position is advertised somewhere then a copy of that advertisement must be kept. There must also be records of how many people applied for the position, how many people made the shortlist and how decisions about the fitness of the applicants were made.

Are the recruitment record requirements for visa sponsors the same as the previous labour market test requirement?

No, the labour market test requirements were asking it to be shown that the candidate selected was essentially the only candidate who could do the job or the best candidate. When collecting evident of the recruitment method it only needs to be done with eyes towards proving why they are capable of doing the job.

Do visa sponsors have to keep records of the previous labour market test?

If the employee was brought in under the previous rules, then yes there must be evidence for all the previous requirements. This should be grouped with their other recruitment documents as these will be needed in the event of an audit.

What records should visa sponsors keep from recruitment if the position is not advertised?

Even if the position was not advertised, a record of how the employee was found and why they're suitable for the role must be kept on file. Recruitment records should be retained at early on off the process while they ae easily available.

Any tips or advice?

There are lots of details to consider and Osheenn and Annabel talk through plenty of do’s and don’ts. Key among them is to keep a clear paper trail to prove the genuineness of the position, as well as familiarizing yourself with the Home Office Appendix D list – and, most importantly, talk to one of our immigration lawyers!

Cancellation Letters: What Do You Need To Know When Your Skilled Worker Visa Gets Cancelled in the UK?

Thu, 28 Nov 2024 06:00:00 +00:00

In this episode of our Workforce Worldview podcast, we join Carine Elliott and Magali Ferreyra Alvarez as they discuss the rise of visa cancellation letters in the UK, and what employees and sponsored employers need to know about the skilled worker visa cancellation process. This includes what can cause a UK skilled worker visa to be cancelled, how long the visa holder has to renew or leave the country and how cancellation letters are sent among other questions visa holders and sponsored worker employers may have.

Why might a skilled worker visa be cancelled?

While there are many circumstances in which a visa can be cancelled, when it comes to sponsored workers the most common is that their sponsor has reported the end of their visa through employment to the Home Office. Once the Home Office reviews the visa it will usually be cancelled if more then six months remain on the expiry date.

How long is a skilled worker visa valid after cancellation?

After the cancellation the worker’s visa will only be valid for 60 days. It can take time for the cancellation to be actioned, but to avoid overstaying your visa our advice is to start the 60-day period from when your sponsored employment ends.

How are cancellation letters sent to those on skilled worker visas?

Cancellation letters are generally sent through email, but if the email on file with the Home Office is for your sponsor or is no longer in use, they will send a physical letter to the address they have on file. This can be the employers address or even a previous address in a different country which is one of the reasons we suggest starting your 60-day period from the time you leave sponsored employment.

What happens if your skilled worker visa is cancelled while you are outside of the UK?

If your visa is cancelled while you are outside the country, then the cancellation is effective immediately. There will be no 60-day period, and you will not be able to re-enter the country. It is possible that the Home Office made a mistake, and your visa may show up as cancelled despite you having acquired a new visa through a different employer. Fortunately, Magali goes into detail about how a case like this may be rectified.

Can a cancellation letter affect a skilled work visa holder’s right to work check with another employer?

If the employer has done the right to work check correctly then they are not expected to know that the employee may have had their visa cancelled previously. Even if the employment begins after the visas expiry date that still have a statutory excuse against a civil penalty. Magali explains in more detail when excuse might not apply and what the penalties could be.

Right To Work Checks – What's Changed in The Employer's Guide

Thu, 07 Nov 2024 06:00:00 +00:00

In this episode of our Workforce Worldview podcast, we join May Cheung and Annabel Mace as they discuss what you need to know about recent changes to the guidance on right to work checks. They run through what's changed, how employers can comply with new requirements and give their thoughts on how the changes have been implemented.

Who does the new right to work guidance apply to?

After the September employer's guide update, right to work guidance still applies to all employees. However, now where they are not a direct employee you must still carry out right to work checks to comply with your sponsor duties. That said, it is still unclear whether this requirement will only affect employers with sponsorship licences.

Do right to work checks have to be conducted on contractors and labour providers?

The new guidance says you are strongly encouraged to do right to work checks on all workers in your supply chain. These additional checks would require changes to terms and conditions with contractors to require them to do the checks needed.

How have employer follow-up checks for work visas changed?

Any employee with pre-settled status under the EU settlement scheme no longer will need follow-up checks. This is now in line with new Home Office rules regarding pre-settled status. However, if that employee loses their pre-settled status, or their visas is revoked their employer must take appropriate action.

How does new guidance change supplementary worker requirements?

The new guidance doesn't change much about supplementary work for visa holders, but it does clarify requirements. In order to qualify for supplementary work (essentially a second job without a separate visa), a worker may only work 20 additional hours a week outside of their first position’s normal hours and employers must confirm that the person has the right to work in the UK, is allowed to carry out the work in question and they also need to check that that person is still working to their original sponsor.

What Do US Employers Need to Know About I-9 Employment Verification?

Thu, 24 Oct 2024 05:00:00 +00:00

Based on the Immigration Reform and Control Act of 1986, US employers are required to verify that their newly hired employees are authorized to work in the US. But how can employers fulfill the employment verification requirements? In this episode of our Workforce Worldview podcast, we join, Greg Wald and Sam Mudrick as they discuss the Form I-9 employment verification process, what documents you need for I-9 employment verification, the consequences and penalties for noncompliance, as well as new developments, including the remote examination alternative.

Which employees are required to have I-9 employment verification?

Under the Immigration and Control Act of 1986, all US employers except for self-proprietors must ensure that all employees hired on or after November 7, 1986, complete Form I-9 employment verification.

How long do employees have to complete their I-9 employment verification?

All US employees must complete their I-9 employment verification either on, or before their first day of employment with a new employer. This can also be done during the onboarding process. After this, employers have three business days to submit their part of the I-9 form.

What documents are required for I-9 employment verification?

There are several documents that employees can submit to verify their identity and authorization to work such as an I.D., passport, social security card, etc. But an employer can only provide a list of options as to what to submit. They cannot ask for specific documents to be presented.

How long must employers retain I-9 verification forms?

The I-9 must be retained for all current employees. In the event of a termination or separation from an employee, employers must retain the I-9 for the longer of one year after the termination, or three years after the date of hire.

What are the penalties for mishandling I-9 verification?

There are several possible penalties that range from civil, and in some cases criminal offense. These can result in hundreds of thousands of dollars in fines for certain employers, even if the violations relate only to paperwork violations.

Any tips or advice?

There are lots of details to consider, and Greg and Sam talk through plenty of do’s and don’ts in further detail. These range from how to use electronic I-9 verification to more specific examples of fines employers could incur. I-9 employment verification can be complex so make sure to review it thoroughly and, most importantly, talk to one of our lawyers!

Sponsor Licences – What Should Sponsoring Entities Do After a Corporate Change of Ownership?

Thu, 03 Oct 2024 05:00:00 +00:00

Corporate Changes of Ownership – How Do They Affect UK Sponsor Licence Holders?

Sponsor licence holders are required to update the Home Office on changes relating to sponsored foreign employees, but what about when there are changes to the sponsor organisation itself? All changes in ownership must be reported, but a change in the immediate parent companies of sponsor licence holders may require a new sponsor licence. In this episode, Annabel Mace and Osheenn Giam discuss what actions are required of sponsors to ensure their sponsored workers are not negatively affected by corporate transactions and restructures.

A few key takeaways from the discussion include:

When do changes in ownership trigger new duties for sponsor licence holders?

Changes in the ownership often occur during the selling of a company, merger or restructuring. Particularly, when restructuring removes the immediate parent of a sponsor licence holder it can trigger new obligations to the Home Office despite not affecting day-to-day operation.

What duties do sponsor licence holders have in the event of a change of ownership?

If the immediate parent company of the sponsoring entity remains unchanged then you only have to notify the Home Office and explain the nature of the change in company structure. But if it does change, you will still have to notify the Home Office and apply for a new sponsor licence.

How long do sponsoring entities have to apply for a new sponsor licence?

As a baseline, sponsoring entities have 20 working days after a change of ownership to report the change and apply for a new sponsor licence. After which the existing sponsored employees will need to be transferred to the new licence in order to maintain their visas.

What evidence needs to be provided to the Home Office for sponsored employees to transfer to a new sponsor licence?

There are several possible pieces of evidence that can be used for reporting to the Home Office. We recommend a letter explaining the situation to them from a practicing solicitor, but Annabel goes into detail about the other options as well.

What should a sponsoring entity do if they miss the reporting deadline for a new sponsor licence?

If you miss the reporting deadline by days, months or even years due to an oversight it is important that you immediately notify the Home Office and report the changes yourself. They will be generally sympathetic if you explain the mistake and still provide the required evidence to action your request. However, this is less likely if they discover the mistake themselves through an audit of the company.

B-1, ESTA and Permissible Activities – How Do US Business Visas Work?

Thu, 15 Aug 2024 05:00:00 +00:00

In this episode of our Workforce Worldview podcast, we join Samuel Mudrick and Gregory Wald as they discuss what you need to know about US business visas. They run through the do’s and don’ts, outlining what type of visa you need for your trip, how to get one, what it allows you to do, and – crucially – what it doesn’t.

A few key takeaways from the discussion:

What visa will I need as a US business visitor?

That depends on a few factors about you and your background – you may well need a B-1 visa, but you may not need a visa at all.

Why might I not need a visa – is that ESTA?

Yes: ESTA is the name of platform used to register for the Visa Waiver Program. Sam and Greg discuss who is eligible, and what exceptions to look out for.

How do I apply for a business visa? And how long does it take?

In short: contact your local US Embassy or Consulate, and give yourself plenty of time. Sam explains what can help a successful application – and what pitfalls to avoid.

What can I do on a business visa?

A business visa allows business activities – but not actual work. That might sound confusing, but Sam has a useful explanation for how work and business differ.

How long can I stay?

There are standard periods – 90 days for ESTA and 180 days for B-1 – but it is important to manage that time: if you stay up to the limit, it may look like a work visit, not just business.

Any tips or advice?

There are lots of details to consider, so yes: Greg and Sam talk through plenty of do’s and don’ts. Key among them is to have everything well organized for your application – and for when you or your colleagues land in the US – and, most importantly, talk to one of our immigration lawyers!

UK Employer Responsibilities: Skilled Worker Visas and Supplementary Employment

Thu, 01 Aug 2024 05:00:00 +00:00

Some sponsored workers in the UK are permitted to work for other employers on a supplementary basis, without having to obtain a new visa. This can be helpful when hiring for hard-to-fill vacancies in the UK, but are there any restrictions that employers should be mindful of? In this episode, May Cheung and Magali Ferreyra discuss when employers are permitted to hire workers on this basis and what they should be aware of before and during the employment.

What to Consider When Hiring International Students in the UK

Thu, 20 Jun 2024 05:00:00 +00:00

Some international students are permitted to work in the UK, subject to limitations depending on their course and sponsoring institution. Most employers are aware they need to check a student visa holder’s term and vacation dates, but is there more to it than that? In this episode, Annabel Mace and Magali Ferreyra discuss the limitations and pitfalls that employers should be aware of when hiring international students.

Changes of Employment for Sponsored Workers

Thu, 30 May 2024 05:00:00 +00:00

In this episode, we explore the issues employers should consider when there is a need to move a sponsored worker into a different role (often as a result of career progression or a redundancy exercise). Listen to May Cheung and Osheenn Giam as they discuss the requirements relating to changes of employment and the impact of getting it wrong.

Pros and Cons of Electronic Visas

Thu, 09 May 2024 05:00:00 +00:00

Since 2021, many UK work and student visas have been issued electronically instead of as physical biometric residence permits (BRPs). The Home Office is planning to replace all BRPs currently in circulation with electronic visas from 1 January 2025 to coincide with BRP expiry dates at the end of 2024. In this episode, Osheenn Giam and Magali Ferreyra discuss the pros and cons of the electronic visas and the challenges they have seen so far.

Online Right to Work Check Issues

Fri, 12 Apr 2024 05:00:00 +00:00

All UK employers are required to carry out pre-employment right to work checks, as discussed in episode 3. Most checks for those with UK visas are now carried out online, which should make the process smoother. Listen to May Cheung and Osheenn Giam discuss some of the issues that crop up when employers use the Home Office’s online right to work checking service.

Certificate of Sponsorship Allocation Requests

Thu, 14 Mar 2024 05:00:00 +00:00

A hot topic for UK employers using the Skilled Worker visa route is how to obtain Certificate of Sponsorship (CoS) allocations quickly, so that the visa applications can be submitted ahead of the increase in salary thresholds coming into force from 4 April 2024. In this episode, Annabel Mace and Osheenn Giam discuss practical issues relating to CoS allocation requests and how to expedite them.

Impact of Civil Penalty Increased to £60,000 in the UK

Thu, 29 Feb 2024 06:00:00 +00:00

The civil penalty for illegal working in the UK has increased from £20,000 to £60,000 per employee, with the higher amount applying to breaches occurring on or after 13 February 2024. In this episode, Annabel Mace and May Cheung discuss why penalties are issued, how they might be defended or reduced and the broader impact for UK employers.

Electronic Travel Authorisation (ETA) Plans

Thu, 15 Feb 2024 06:00:00 +00:00

The Home Office has been phasing in ETA for visitors to the UK since November 2023. This currently only applies to a few nationalities but will eventually apply to anyone who does not usually require a visa to visit the UK, for example, US and EU nationals. In this episode, May Cheung and Magali Ferreyra discuss the impact of ETAs for businesses and their employees.

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Sponsorship Licence Guidance: What Changes Should Be Reported to the Home Office?

Sponsorship Licence Guidance: What Recordkeeping Duties Does a Sponsor Have for Recruitment?

Sponsored Workers and Overseas Absence – How Long Can You Stay Outside the UK on a Skilled Worker Visa?

Cancellation Letters: What Do You Need To Know When Your Skilled Worker Visa Gets Cancelled in the UK?

Right To Work Checks – What's Changed in The Employer's Guide

What Do US Employers Need to Know About I-9 Employment Verification?

Sponsor Licences – What Should Sponsoring Entities Do After a Corporate Change of Ownership?

Sponsored Workers Changing Location – What Do Sponsors Need To Do?

B-1, ESTA and Permissible Activities – How Do US Business Visas Work?

UK Employer Responsibilities: Skilled Worker Visas and Supplementary Employment

What to Consider When Hiring International Students in the UK

Changes of Employment for Sponsored Workers

Pros and Cons of Electronic Visas

Online Right to Work Check Issues

Certificate of Sponsorship Allocation Requests

Impact of Civil Penalty Increased to £60,000 in the UK

Electronic Travel Authorisation (ETA) Plans