Temporary Adjustments to Right to Work Checks in light of the Coronavirus Pandemic
By Shazia Akhtar, Head of Immigration Services.
The government have published new guidance in respect to the employer process for conducting right to work checks during the coronavirus pandemic.
It is imperative that employers comply with new guidance as carrying out Right to Work check continues to be a mandatory requirement.
If an employer fails to carry out a Right to Work check then they run the risk of employing an illegal worker which could potentially lead to civil and, in the most serious cases, criminal sanctions.
As of 30 March 2020, the following temporary measures will now be permitted:
· Checks can now be carried out via video call.
· Job applicants can send scanned documents or a photo of documents for checks using email or a mobile app, rather than sending the original document.
Employers should take the following steps when carrying out checks via video call:
- Step 1: Request that the worker submits a signed copy or a photo of the original documents via email or using a mobile app
- Step 2: Arrange a video call with the worker, requesting that they hold up the original documents to the camera so that they can be checked against the digital copy of the documents
- Step 3: Record the date that the check was made and mark as “adjusted check undertaken on [insert date] due to COVID-19”
- Step 4: For individuals who hold a current Biometric Residence Permit/ Card or status under the EU Settlement Scheme, the online right to work checking service can be used while the video call is being carried out, but the applicant must confirm that they are happy for the employer to view their details
If a prospective employee is unable to provide their documents, then employers must use the Home Office Employer Checking Service
If the person has a right to work, the Employer Checking Service will send employers a 'Positive Verification Notice'. This provides them with a statutory excuse for six months from the date in the notice.
Adjustments are ‘temporary’
It is important for employers to note that these adjustments are temporary.
When these changes end, employers will be required to carry out retrospective full checks on existing employees who commenced employment during the pandemic.
This check must be performed within eight weeks of the COVID-19 measures ending, and this, along with the initial adjusted check, should be kept on record.
If the employee does not have permission to be in the UK and this is discovered at the point of the retrospective check, the employer must end their employment.
Where there is a will there is a way…
By Mary-Ann Ibe, Litigation Paralegal
It seems that the Coronavirus pandemic has sent the UK into a frenzy, expecting and preparing for the worst. This is reflected in the drastic increase in the demand for wills by 76 percent. Sadly, these concerns are not unfounded as this is a stressful and worrying time for everyone.
The rate of deaths reported by the government is alarming and the reality of the possibility of losing a loved one is hitting the people of our beloved country hard as the death toll increases daily.
Law firms around the country have seen an increase in people wanting to either make or amend their will. London based deVere group, which has an online wills service says it has seen a sharp spike in inquiries as people’s minds have become ‘more focused on financial planning because of the current Covid-19 pandemic.
Pandemic or no pandemic, the importance of having a will cannot be underestimated – and they are not just for the elderly. The current lockdown has put a spanner in the works as we are faced with the challenge of how that self-isolating will be able to get the wills witnessed.
In the UK, the testator of the will is required to have two people in the same place at the same time witness them sign/endorse the document. Since the pandemic of Covid-19, the rules have been relaxed. Yes, Solicitors will now be allowed to witness wills through the windows of homes or cars.
Tough times call for unprecedented measures. Critics have raised the question of whether the validation of the will still be authentic. Signatures will still be valid as long as each party can see the other physically endorse the document from a safe distance. This does not mean that we ignore the strict process that needs to be followed and so if persons are at all uncertain, they must seek legal advice.
To ensure that you are protected during these trying times, Deo Volente is here to help you with your Will and Probate matters. We will diligently take on your instructions, prepare your documentation and get it to you with clear and transparent steps on how to get the will notarized in accordance with the current law.
We appreciate that these are unprecedented times and we at Deo Volente solicitors wish you all good health and that we resume normal life as soon as practicable.
The impact of Coronavirus (COVID 19) on the UK Immigration System
by Angel Masih, Immigration Solicitor at Deo Volente
There is a growing concern about the rapid spread of the coronavirus, also known as COVID 19, and its impact on UK immigration services.
Home Secretary Priti Patel confirmed on 24th March 2020:
· Visa nationals who cannot return home due to the COVID-19 pandemic will be able to extend their visa.
· This will apply to anyone whose leave expired after 24th January 2020 and who cannot leave the country because of travel restrictions or self-isolation.
· This will last until 31st May 2020, and this will be reviewed regularly if further extensions are needed.
The Home Office has temporarily permitted individuals to switch routes from within the UK. For example, an individual will switch from a Tier 4 (Student) to Tier 2 (General Worker).
The UK Visa and Citizenship Application Services (UK VCAS)
Sopra Steria has advised that those suffering from coronavirus symptoms should self-isolate, and those with coronavirus must not attend their appointment.
Most pre-booked appointments are being automatically re-booked at the same location, approximately in six weeks. Sopra Steria will also notify the Home Office of these changes.
UK Visas application centres (VACs) Based Abroad
VFS Global who manage visa services outside of the UK have stopped accepting applications from most countries worldwide. A full list of these countries can be found through the below link:
Immigration Tribunal Hearings
President of the First Tier Tribunal has stated that “From 25th March 2020, there will be no face to face hearings listed in any centre. Application for bail and emergency work will continue to be given priority but, save in exceptional circumstance, applications and hearing will be conducted remotely”.
At Deo Volente Solicitors, we understand that individuals will be facing uncertainty relating to their immigration status, and we are happy to assist you during this difficult time. We are further offering telephone consultations to address any queries that you may have.
Would you please not hesitate to contact us on 01234 350244 and speak to one of our team members within the immigration department?
By Daniel Masih Hans, Trainee Solicitor, Conveyancing Department at Deo Volente LLP.
How will the novel Covid 19, commonly known as Coronavirus, affect those of us that are buying and selling properties?
The big issue we are facing as a country is that these are unprecedented times; it is a blanket grey area. We have never seen an illness have such a global impact as Covid-19 has. The exponential rate at which the viral disease has travelled and been transmitted to populaces worldwide is causing much concern.
So much so that consumers are beginning to lose confidence. This lack of confidence is not limited to the property market, as we have witnessed with stockpiling of Toilet Roll and Hand Sanitisers. People are unsure what the future holds and so are panicking. The lack of confidence has led to a short-term decline in the property market.
Online Real Estate Agents, Zoopla, predicts housing transactions will drop by up to 60% over the next three months. We have witnessed an increasing number of sales, that had been agreed upon before the PM’s limitations, fall through: "Would-be homebuyers paused major decisions and took stock of the unfolding events in the UK and around the world, even before [restrictions] announced by Prime Minister Boris Johnson," Zoopla said.
The Financial Times has reported bankers are concerned about the impact of the pandemic on property valuations, furthermore, they are cautious about issuing loans due to uncertainty about the effect the virus will have on the economy.
Several banks and specialist lenders have already withdrawn new mortgages to focus on existing customers. Cabinet Office minister, Michael Gove, suggested on 24th March 2020 that people should cancel plans to exchange house contracts, instead he advised they should rent somewhere new and stay home.
The Law Society provided the following guidance on 25th March 2020 “If you’re acting for someone who has exchanged contracts and has a completion date within the next few days, and you, your client and the other side can proceed, which may be very difficult given the position with removal firms, there’s currently nothing to prevent you doing so.
- This is subject to the following current guidelines in respect of public health:
- Properties not being occupied with cases (or suspected cases of) coronavirus (COVID-19).
- Occupants not being in a state of isolation.
All parties abiding by social distancing requirements. The economic model of supply and demand perfectly demonstrates the likely outcome of this pandemic. The surrounding confusion about the virus alongside recent restrictions implemented by the Government will lead to a decrease in supply and demand.
People are fearful to sell their property or purchase one during the pandemic. By and by, this will in effect lead to reduced property prices. Colum Masih, Managing Director at Gold Crown Estate Agents, commented “In the past few days the property market has already seen a dip in property values as a cause of the Pandemic.”
He continued, “It is going to get worse before it gets better.” Colum’s comments are further echoed when we review the increasing rate of unemployment, a severely unfortunate side effect of the Pandemic. For consumers to have a demand, in whatever sector, they need to be able to facilitate such.
There will be a long-term downfall in the property market. Research into past pandemics has revealed quantitative patterns as to how a pandemic can affect the housing market. Rather than speculate, we can gain from the below statistics that the market will bounce back:
- During epidemics such as the 1918 influenza or the 2003 SARS outbreaks, economic activity fell sharply during the epidemic (a 5-10% temporary hit to GDP or industrial production throughout the epidemic) but snapped back quickly once the epidemic was over.
- During SARS, Hong Kong house prices did not fall significantly, but transaction volumes fell by 33-72% as customers avoided human contact (“avoidance behaviour” like avoiding travel, restaurants and public gatherings). After the epidemic was over, transactions snapped back to normal volumes.
- At the start of the Covid 19 outbreak in China, early news reports indicated that home prices had not fallen although transactions had nearly ceased.
Could this mean that the dip in the market will be shorter-lived than most people think? It is a possibility. I infer again that this is an unprecedented time, it is a waiting game to ultimately see how the housing market will be impacted by a coronavirus. With high volatility in global markets, the safe bet and recommendation are to hold off any transactions unless necessary.