Posted worker meaning

In this issue: EU fundamentals Commercial Competition and state aid Data protection and cybersecurity Dispute resolution Free movement, immigration and employment Financial services Energy Environment Insurance and reinsurance IP Life sciences TMT Daily and weekly news alerts New and updated content Trackers EU fundamentals European Parliament and Council agree on 2025 EU annual budget The European Parliament and the Council of the EU have struck a deal on the 2025 EU budget, amounting to €199.4bn in commitments. It is designed to advance political priorities, respond to crises, and keep backing flagship programmes such as Horizon Europe. Funding is distributed across innovation, cohesion, the environment, migration, and security. Formal sign-off is anticipated by November 2024. See: LNB News 18/11/2024 for details and reference here European Commission releases November 2024 infringement package The European Commission has issued its November 2024 infringement package, setting out which EU Member...

In this issue: Key developments UK immigration control: how it works Work sponsorship: sponsors Business, investment and non-sponsored work Long residence, discretion and human rights EU law rights and EU Settlement Scheme Challenging immigration decisions and enforcement LexTalk®Immigration: a Lexis®Nexis community Daily and weekly news alerts New and updated content Key developments Future developments—Immigration calendar Please note our Immigration calendar sets out key forthcoming developments pertinent to business immigration advisers. UK immigration control: how it works eVisa passenger helpline removed The Home Office has revised the ‘checking eVisas are correct before travel’ guidance, taking out details of the eVisa passenger helpline that supported passengers who struggled to show permission to travel to their carrier. The guidance now simply directs carriers to contact the UK Border Force Carrier Support Hub where a relevant issue arises. Separately, the Home Office has posted a new support video explaining how to create, link and...

Introduction The intra-EU posting of third-country nationals (TCNs) has become an increasingly prevalent and widely used form of labour mobility, whereby undertakings based in one Member State send staff to deliver services on a temporary basis in another across the Union. Anchored in Article 56 TFEU on the freedom to provide services, this practice draws on the seminal Vander Elst judgment, Case C‑43/93, which clearly confirmed that Member States may not demand additional work permits from lawfully employed TCNs seconded from a different Member State. Although Directive 96/71/EC, the Posting of Workers Directive (PWD), as revised by Directive 2018/957/EU and supplemented by Directive 2014/67/EU on its enforcement, sets out the overarching legal regime for posting, these measures do not spell out the particular arrangements applicable to TCNs (for more on the PWD, see Practice Note: Posting of workers in the EU). Furthermore, the Directive does not prejudice agreements concluded by the Community with third countries, nor the domestic rules of Member States governing the admission to their territory of...

UK Expansion Worker The UK Expansion Worker route under Global Business Mobility is designed for senior managers or specialist staff who are temporarily posted to the UK to establish a branch or a wholly owned subsidiary of an overseas enterprise. It superseded the Sole Representative provisions within the Representative of an Overseas Business route for first-time applications from 11 April 2022. The Practice Note: Sponsoring a UK Expansion Worker considers eligibility linked to the sponsor’s issue of a Certificate of Sponsorship (CoS), covering required skill level, pay, and the necessity for prior overseas employment for a set minimum period. It also outlines the route’s background and possible alternatives. Eligibility: financial, validity and suitability criteria Period and conditions of permission, including the maximum assignment length Dependants Application procedure There is no English language requirement for this route. Key resources at a glance Immigration Rules: Appendix Global Business Mobility-UK Expansion Worker Immigration Rules: Appendix Finance ...

ARCHIVED : This Practice Note is not being updated, as it addressed how EU free movement rules operated in the UK before IP completion day; on that date, UK legislation giving effect to EU free movement was revoked, albeit with specific savings and modifications. For more information, including the applicable savings and the status of CJEU case law, consult Practice Note: Brexit and the end of EU free movement law in the UK. This note remains available in archived form for historical reference, as the former UK implementation of EU law remains relevant in certain limited situations. For earlier iterations of the Immigration (European Economic Area) Regulations 2016, SI 2016/1052—including the version in force just before revocation—see Legislation.gov.uk. To track ongoing developments in EU free movement across Member States, see: Immigration, employment & share incentives (EU Law)—overview. IMPORTANT NOTE: The accession period for Bulgaria and Romania concluded on 31 December 2013...

Resident Labour Market Test (RLMT) When placing a vacancy under the resident labour market test (RLMT), a sponsor must retain a screenshot of the website taken on the day the advert first goes live, unless the advert itself shows the date it was posted, in which case the screenshot can be produced at any point while the listing remains valid. See Practice Note: Resident Labour Market Test. If the wording of the advert is altered, the screenshot held by the sponsor to meet the above requirement will not match the actual particulars of the role (including the remuneration package). This inconsistency could lead, on audit, to a finding that the RLMT process was not followed. To minimise the risk of non-compliance on this matter, it is advisable to repost the advert, capture the requisite screenshots on the first day it appears as required by the RLMT, and refrain from changing the advert’s contents throughout the minimum 28-day period...