Vanessa Ganguin

What immigration changes can employers expect from a new UK government and what can they do in the meantime to prepare?

Why, when in countless opinion polls, voters identify the state of the national health service, the economy, the cost of living as far more serious issues, do so many of those that want their votes persist in talking of immigration as a problem rather than a solution to such problems?

Employers hit by recent hikes in salary thresholds for sponsoring skilled workers will be poring over election manifestos for clues as to how they would affect filling skills gaps from abroad.

The Migration Advisory Committee (MAC) has recommended retaining the Graduate visa in its current form. The MAC published its findings on the route after the Home Secretary asked for a rapid review as part of measures to reduce legal migration to the UK.
The recommendation is great news for the UK higher education sector which depends greatly on its appeal to international students whose fees subsidise the teaching of UK students as well as universities’ viability to teach a variety of… Show more

The Migration Advisory Committee (MAC) has recommended retaining the Graduate visa in its current form. The MAC published its findings on the route after the Home Secretary asked for a rapid review as part of measures to reduce legal migration to the UK.
The recommendation is great news for the UK higher education sector which depends greatly on its appeal to international students whose fees subsidise the teaching of UK students as well as universities’ viability to teach a variety of courses, plus their ability to carry out scientific and academic research. Hopefully certainty will follow for universities and international students when the government officially responds to the influential committee’s findings. Show less

UK employers face major measures designed to stem a post-pandemic spike in immigration. The rise is largely fuelled by skills gaps, with the biggest immigration increase by far in healthcare visas.

Nonetheless, it is small businesses and families that bear the brunt of the UK government’s increase in salary thresholds to sponsor spouses or skilled staff.

UK employers face major measures designed to stem a post-Covid-19-pandemic spike in immigration. Here is a whistlestop summary of major changes that HR teams should know about, and the ways to mitigate them.

Spring 2024’s Immigration Rules Statement of Changes enacts major changes for employers sponsoring non-resident workers as part of the government’s drive to reduce legal migration.

Headlines have been dominated by minimum income increases from £18,600 to £29,000 and eventually £38,700 for sponsoring partners on family visas. Yet serious implications for employers sponsoring migrant workers have been largely underreported. HR teams that don’t want to jeopardise their eyesight squinting… Show more

Spring 2024’s Immigration Rules Statement of Changes enacts major changes for employers sponsoring non-resident workers as part of the government’s drive to reduce legal migration.

Headlines have been dominated by minimum income increases from £18,600 to £29,000 and eventually £38,700 for sponsoring partners on family visas. Yet serious implications for employers sponsoring migrant workers have been largely underreported. HR teams that don’t want to jeopardise their eyesight squinting over a rather opaque 289-page Statement of Changes can find a summary of work visa changes which come into effect on 4 April below. Show less

We now have more clarity on recent UK Government immigration diktats that have caused much consternation for employers who sponsor migrant workers, as well as for anyone intending to live in the UK with a partner from abroad.

The new Home Secretary James Cleverly’s “five-point plan” to reduce annual immigration by 300,000 has caused consternation in many UK sectors already finding difficulties filling vacancies without sponsoring migrant workers.

Rules for UK visit visas and permitted paid activities are changing this month - as Vanessa Ganguin explains - there will be more options for business visitors to Britain, but these fall far short of allowing people to come and work remotely in the UK without a work visa.

Governments of developed economies across the world are balancing measures to ease skills shortages with reactions to migration bouncing back after the pandemic. In Britain the latter appears to be taking priority for a government promising to cut a record level of net migration (745,000 in 2022) by 300,000 fewer arrivals.

UK immigration is a hot-button political topic - as well as a critical issue for UK employers looking to fill key roles. Immigration lawyer Vanessa Ganguin analyses the data and concludes net migration has likely peaked at 606,000.

In this guest article, Vanessa Ganguin, Managing Partner at Vanessa Ganguin Immigration Law, dives into the Innovator Founder visa, which has replaced the UK’s Start-up and Innovator visas. She argues the new visa improves on some areas in which the immigration routes for entrepreneurs starting innovative ventures had come under criticism.

A summary of key changes HR teams should be aware of. Most of these changes are to employer-sponsored immigration routes and have emerged in the latest Spring Statement of Changes of Immigration Rules, Treasury announcements as well as a new addition to the rules around Scale-up visas just published and the latest Home Office amendments to Workers and Temporary Workers – Guidance for Sponsors.

Following the Spring Budget 2023, Vanessa Ganguin, Managing Partner of Vanessa Ganguin Immigration Law, took a closer look at some of the work immigration measures that weren’t mentioned in the Chancellor’s speech.

Immigration and its place in the UK’s economic growth is clearly a contentious subject for the Conservative party. So, no surprise there was no mention of the subject in the Chancellor’s Budget Day speech. Yet the Treasury’s Spring Budget 2023 factsheet on Labour Market… Show more

Following the Spring Budget 2023, Vanessa Ganguin, Managing Partner of Vanessa Ganguin Immigration Law, took a closer look at some of the work immigration measures that weren’t mentioned in the Chancellor’s speech.

Immigration and its place in the UK’s economic growth is clearly a contentious subject for the Conservative party. So, no surprise there was no mention of the subject in the Chancellor’s Budget Day speech. Yet the Treasury’s Spring Budget 2023 factsheet on Labour Market Measures published to coincide slipped out important business immigration news for UK employers. Show less

The Home Office has issued its annual Spring Statement of Changes to immigration rules. Vanessa Ganguin outlines the key developments HR and hiring teams need to be aware of.

Immigration minister Robert Jenrick has presented the Spring Statement of Changes to the Immigration Rules to Parliament. This reflects recent legislation and tweaks the Home Secretary has made to immigration routes.

As part of the free trade deal negotiations between the United Kingdom and India it was announced in January 2021 that India would join the select list of countries whose youth can apply for such a reciprocal cultural exchange programme.
Finally, over two years later, details have been announced of the lottery that Indian applicants can enter this month with 2,400 winning the chance to live, work, study in the UK.

Families awaiting visa decisions from the UK Home Office will be able to be reunited much faster in 2023 as services impacted by the Ukraine conflict return to normal.

The UK’s Home Office has confirmed that priority services are resuming for family and partner visas to the UK.
This will allow those waiting to join family in the UK the option to pay extra to cut waiting times from the current six months.

The UK has published the latest list of top global universities whose graduates qualify for a High Potential Individual (HPI) visa. Again US universities dominate the list – with over half of all the top global universities that qualify for the prestigious visa.

It seems that there are clear divisions in Government on continuing the trends in facilitating work visas to make up for the loss of freedom of movement from Europe. With businesses facing uncertainties associated with higher interest rates and energy bills, some certainties when it comes to filling labour shortages would definitely be welcome.

From 1 October, remote checks brought in during the pandemic to allow employers to conduct checks on prospective staff without having to meet face-to-face have come to an end.

Now, human resources staff have to conduct in-person right to work checks if the physical documents are valid British and Irish passports or Irish passport cards. Alternatively, they can use one of the certified Identity Service Providers (IDSP) using Identification Document Validation Technology (IDVT) to check… Show more

From 1 October, remote checks brought in during the pandemic to allow employers to conduct checks on prospective staff without having to meet face-to-face have come to an end.

Now, human resources staff have to conduct in-person right to work checks if the physical documents are valid British and Irish passports or Irish passport cards. Alternatively, they can use one of the certified Identity Service Providers (IDSP) using Identification Document Validation Technology (IDVT) to check one of the above valid documents. If a new employee holds an eVisa, a Biometric Residence Card (BRC), a Biometric Residence Permit (BRP) or a Frontier Worker Permit (FWP) or has EUSS status, employers should conduct an online right to work check using the free Home Office online checking service. Show less

In this guest article, Vanessa Ganguin, Managing Director of Vanessa Ganguin Immigration Law, provides a guide of the new Scale-Up Visa for businesses.

A new work visa has been launched to help the UK scale-up sector hire talent from around the world with greater ease and flexibility.

High-growth UK firms need only sponsor highly skilled workers for just six months on the new Scale-up visa. For many scale-ups I work with, this will offer a cheaper, more flexible addition to… Show more

In this guest article, Vanessa Ganguin, Managing Director of Vanessa Ganguin Immigration Law, provides a guide of the new Scale-Up Visa for businesses.

A new work visa has been launched to help the UK scale-up sector hire talent from around the world with greater ease and flexibility.

High-growth UK firms need only sponsor highly skilled workers for just six months on the new Scale-up visa. For many scale-ups I work with, this will offer a cheaper, more flexible addition to immigration options for hiring the staff such as engineers, architects or programmers they need to keep growing. Show less

The United Kingdom has launched the High Potential Individual visa - its new easy unsponsored immigration route for graduates of the world’s top universities.
The selection of qualifying top universities has caused some controversy as there are only five European universities on the 2021 list, none at all from Africa, South Asia or Latin America.
The good news for graduates of elite US education institutions however is that over half of the qualifying universities for this new UK… Show more

The United Kingdom has launched the High Potential Individual visa - its new easy unsponsored immigration route for graduates of the world’s top universities.
The selection of qualifying top universities has caused some controversy as there are only five European universities on the 2021 list, none at all from Africa, South Asia or Latin America.
The good news for graduates of elite US education institutions however is that over half of the qualifying universities for this new UK immigration route are North American.
The High Potential Individual visa is a great opportunity for graduates who qualify to come to the UK with their family to work, look for employment, work freelance or set up a business. Show less

Launched last week, the High Potential Individual visa is aimed at attracting exceptional graduates to work and reside in the UK and opens up a new route for potential candidates for HR. But what are its benefits and drawbacks? Vanessa Ganguin explains.

The new High Potential Individual visa for graduates of the world’s top universities launches this week and there’s great news for graduates of many US colleges and those who want to hire them in the UK.

Firms looking to bring foreign workers into the UK have been scratching around for information given that the government’s guidance for the Global Business Mobility visa was only published on the same day as the visa itself was launched. Immigration solicitor Vanessa Ganguin examines the newly published information.

As more details emerge of the government’s flagship Scale-up visa, Vanessa Ganguin examines the potential benefits for employers and applicants

The Global Business Mobility visa is set to commence in Spring 2022 and will provide more new solutions for overseas firms moving staff to the UK.

Visiting our nativity plays this year it’s been sad to reflect on how Mary, Joseph and baby Jesus would fare if they fled Bethlehem for modern day England rather than Egypt. Priti Patel’s controversial Nationality and Borders Bill currently in the House of Lords is set to punish refugees for taking steps to seek refuge on our island. Parts of the Bill abandon international treaty obligations to give refugees a fair hearing however they manage to escape here. So how would a carpenter from… Show more

Visiting our nativity plays this year it’s been sad to reflect on how Mary, Joseph and baby Jesus would fare if they fled Bethlehem for modern day England rather than Egypt. Priti Patel’s controversial Nationality and Borders Bill currently in the House of Lords is set to punish refugees for taking steps to seek refuge on our island. Parts of the Bill abandon international treaty obligations to give refugees a fair hearing however they manage to escape here. So how would a carpenter from Nazareth, his wife and newborn child fare if they sought asylum from King Herod under the new Borders Bill? Show less

Are more parliamentarians, members of the public and press coming round to the realisation that those in dire straits in Northern France should be able to put in claims of asylum or joining UK relatives via legal and safe routes without resorting to unseaworthy vessels?

Last December, as the UK and many other countries grappled with lockdown measures, free flow of labor between the UK and the 31 countries of the European Economic Area and Switzerland came to an abrupt end. The consequences have not stopped making headlines in Britain...

Explainer for US immigration lawyers of the UK’s global talent immigration route, as well as other visa options for talent, performers, musicians, scientists, sporting figures etc.

Commentary on the Government’s repeated promise to simplify the Immigration Rules.

Will the new immigration reforms give UK firms the edge they need to make up for the loss of free movement from the EU?

"From next year, all businesses that want to employ new workers from the EU will have to be Home Office-approved. Previously, under the free movement principles of the single market, firms employing EU workers did not need a sponsor licence.

With just 12 weeks until freedom of movement ends, there are fears of a backlog if businesses leave applications until the last minute..."

The UK Government has outlined a new immigration route to the UK for Hong Kong British National (Overseas) citizens and their dependent family members. FAQ on the new immigration route and who is eligible.

Opinion piece

Profile of my legal career in The Law Gazette.

I plumped for a career in law because my mum told me to. I then sat on my bed aged 17 and read A.V. Dicey’s The Law Of The Constitution – possibly the only law book I could find in Stafford Library – from cover to cover instead of going to the pub with my friends like a normal teenager. I decided if I enjoyed a rather dry read like that I might well be cut out for law...

The measure announced by the Chancellor in his Budget speech may sadly prove to be another discouragement to those who would come to the UK to work in the NHS and contribute to taxes here, while perpetuating the populist fallacy of immigrants taking advantage of the system...

Immigration system report urges Government avoid 'past mistakes.’ The MAC hasn’t recommended a full Australian-style points-based system as the government has trailed, but a mix- more flexible salary thresholds for those with a job-offer and a points-based system for those coming to the UK without a job.

Gordon Brown called Brexit “the biggest own goal in our peacetime economic history … no matter how much it is dressed up as a patriotic act”.
After a season in which English football clubs celebrated record success in Europe, how much of an own goal will Brexit prove to be for the English game?

Freedom of movement is one of the crucial pillars of the single market and not taking it off the table might well allow Britain to really have a Brexit deal with the benefits of the single market.

Immigration expert Vanessa Ganguin analyses Priti Patel's announcement on the immediate end of free movement for EU nationals if there is a no-deal Brexit.

All your questions on applying for settled status answered.

EU citizens should not be given preferential access when applying for UK visas, according to the long-awaited Migration Advisory Committee (MAC) report on the future of EEA migration.

Four of the political parties may have a hand in shaping an entirely new immigration system on Friday. So what do they promise? More importantly, how realistic are these pledges? Immigration Solicitor Vanessa Ganguin examines how credible these political promises are.

Blog

My piece published in The Barrister on the implications of the proposed new Immigration Bill.

My piece published in The Global Legal Post on the implications of the proposed new Immigration Bill.

My comments published in the New Law Journal re the new Immigration Bill:

“The government’s proposal to reduce the grounds and rights of appeal available in immigration decisions means a system of administrative review will replace most appeals.

“'This approach is likely to lead to an increase in judicial review claims and also, ironically a surge in human rights claims as appeals are coralled into fewer and narrower channels, and is certain to result in higher associated… Show more

My comments published in the New Law Journal re the new Immigration Bill:

“The government’s proposal to reduce the grounds and rights of appeal available in immigration decisions means a system of administrative review will replace most appeals.

“'This approach is likely to lead to an increase in judicial review claims and also, ironically a surge in human rights claims as appeals are coralled into fewer and narrower channels, and is certain to result in higher associated expenditure.” Show less

Opinion piece on Home Office appeal against the High Court judgment that new immigration rules on partners and children joining their families in the UK breach basic human rights.

My comments carried in The London Economic on the Home Office immigration rules affecting families.