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Articles by Ilda de Sousa
Home Office Updates Employer Right To Work Guidance, An Earned Settlement On The Horizon
From 1 October 2026 right to work checks are expanding to non-employees. The Home Office has updated its draft employer’s guide to right to work checks applicable from 1 October and we explain the main changes. Our FAQs set out that from 1 October 2026, where you directly engage someone under an employment contract, a worker’s contract, an independent contractor, or an individual through an online matching service you will need to check their right to work before they start work.
Right To Work Checks Are Coming For Your Commercial Contracts: What Businesses Need To Do Before 1 October 2026
Most businesses are familiar with the obligation to carry out ‘right to work’ checks on their direct employees, which is a mandatory requirement under section 15 of the Immigration, Asylum and Nationality Act 2006 (“IANA 2006”). From 1 October 2026, new legislation will widen this requirement significantly to cover a much broader range of working arrangements.
Understanding the Government’s consultation on earned settlement
The UK Government’s Earned Settlement consultation proposes a fundamental shift in how migrants achieve Indefinite Leave to Remain (ILR). Instead of a time-based system, settlement would be earned through measurable contributions and integration. For the tech sector - one of the UK’s fastest-growing industries - these changes could have far-reaching consequences. If someone has ILR it means that there is no time limit on their ability to stay in the UK.
More changes to the EU Settlement Scheme
How did we get here? A series of changes to the EU Settlement Scheme have resulted from the February 2023 High Court judgement in the Independent Monitoring Authority (IMA) case. The judgement said that in accordance with the Withdrawal Agreement when the UK left the EU, pre-settled status holders do not lose their residency right upon failure to make an application for settled status before their pre-settled status expires.
Fly In Fly Out Visa Podcast - Episode 3 (Netherlands)
Click here to listen to the audio Welcome to our Fly In Fly Out podcast series, where Ilda de Sousa (Immigration Partner) and Jessica Clay (Regulatory Partner) host a series of podcast sessions with various professionals in different countries to discuss how 'FIFO' affects them in the industry. Tune in to our podcast series or download our transcripts to join the conversation.
Parting ways with LLP partners - top tips on partner exits
There are numerous reasons why a Limited Liability Partnership (LLP) may wish to part ways with one or more of its partners (members) [1]. It could be due to misconduct on the part of the partner, a breakdown in their relationship with other partners or colleagues, or as part of a restructuring of the business, for example due to declining client demand in a particular service line or specialism (akin to redundancy in an employment context).
Recent changes to the Ukraine Schemes
In response to the invasion of Ukraine by Russian armed forces in February 2022, which saw millions fleeing the country, the UK had introduced immigration options to Ukrainian nationals seeking safety in the UK. These options include the Ukraine Family Scheme, the Homes for Ukraine Sponsorship Scheme and the Ukraine Extension Scheme. The Ukraine Family Scheme allowed eligible Ukrainian nationals to join family members in the UK.
How employers should prepare for and transition to the new Immigration system
Article by: Ilda de Sousa, Immigration Partner - Kingsley Napley LLP | Published: 22 January 2021 Ilda de Sousa, Immigration Partner - Kingsley Napley LLP 19 January 2021 Dramatic changes to our immigration system are taking effect. A new points-based system kicked in on 1 December 2020 affecting businesses wishing to employ non-EU citizens which will also apply to EU citizens (including from the EEA and Switzerland) when freedom of movement ceases on 1 January 2021.
How employers should prepare for and transition to the new Immigration system
Article by: Ilda de Sousa, Immigration Partner - Kingsley Napley LLP | Published: 9 January 2021 Ilda de Sousa, Immigration Partner - Kingsley Napley LLP 7 January 2021 Dramatic changes to our immigration system are taking effect. A new points-based system kicked in on 1 December 2020 affecting businesses wishing to employ non-EU citizens which will also apply to EU citizens (including from the EEA and Switzerland) when freedom of movement ceases on 1 January 2021.
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